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0b93d5ab-c02d-5f8c-b723-38e711696eda | court_cases | Delhi District CourtAnil Agarwal vs Sunita Bardia on 23 December, 2020IN THE COURT OF SH. LAL SINGH\n ADDITIONAL SESSIONS JUDGE 05,\n WEST DISTRICT : TIS HAZARI COURTS DELHI.\n\nCR.No. 73/2020\n\nAnil Agarwal\nS/o late Sh.Moti Lal Agarwal\nR/o S206, 1st Floor,\nPanchsheel Park,\nDelhi110 017\n ....... Petitioner\n\n Vs.\n\nSunita Bardia\nW/o Sh. Vikas Bardia\nR/o 12/3, Punjabi Bagh (East)\nDelhi 110 026 ....... Respondent\n\nDate of institution : 24.02.2020\nDate when reserved for Order : 16.12.2020\nDate of Order : 23.12.2020\n\nORDER :1. This revision petitionu/s 397/401Cr.P.C. r/wsection\n440(2)Cr.P.C. has been filed by the Petitioner against the\nimpugned order dt. 25.01.2020 vide which while admitting the\npetitioner on bail, ld. MM05, West, THC/Trial Court, directed\nthe petitioner to furnish personal bail bond in the sum of Rs.\n1,50,000/ with one surety in the like amount in CC no.\n12041/2018, titled as Sunita Bardia Vs. Anil Agarwal.2. The relevant facts of the case are that theCR No. 73/2020 Page No. 01 of 07respondent/complainant has filed a criminal complaintu/s 138of\nN.I.Act, against the petitioner arraying him as an accused in the\nsaid complaint pertaining to the dishonor of cheque bearing no.\n000300 dated 12.07.2018, drawn on RBL Bank Ltd. for a sum of\nRs. 25,00,000/ (Rupees twenty five lacs only) issued by the\npetitioner/accused.3. It is submitted in the petition that the\npetitioner/accused appeared before the ld. Trial Court on\n25.01.2020 and since the offenceu/s 138of N.I.Act is bailable\nand accordingly the petitioner/accused was admitted on bail by\nthe ld. Trial Court vide order dt. 25.01.2020. It is further\nsubmitted in the petition that ld. Trial Court while admitting the\npetitioner on bail, directed to the petitioner/accused to furnish a\npersonal bond for a sum of Rs. 1,50,000/ with one surety of the\nlike amount. Petitioner contended in the instant petition that\nsurety bond amount was exorbitant and was beyond the\nimagination of the petitioner. It is also contended that though the\npetitioner was prepared with the surety amount of Rs. 25,000/\n(FDR). It is further contended that petitioner as well as his\ncounsel orally requested to the ld. Trial Court to reduce the\namount of surety bond but the ld. Trial Court did not accept the\nsaid request and accepted the personal bond of the petitioner till\nthe next date of hearing and directed the petitioner to furnish\nsurety bond for a sum of Rs.1,50,000/.4. The present revision petition has been filed on theCR No. 73/2020 Page No. 02 of 07ground, amongst other ground that the offence alleged against the\npetitioner is bailable offence and the cardinal principle of law is\nthat accused has a right to be admitted on bail and Court cannot\nput harsh conditions for release of the accused on bail in bailable\noffence. The impugned order is also challenged on the ground\nthat the said order has caused great prejudice to the petitioner as\nsame is very harsh, onerous and burdensome and if the said order\nis not complied with due to difficulty in arranging the surety, the\nright to bail in bailable offences would be defeated. Petitioner\nprays that the present revision petition may be allowed and may\ndirect the ld. Trial Court to either admit the petitioner on bail only\non furnishing personal bond or reduce the amount of the surety\nbond to a reasonable amount.5. I have heard the arguments.6. Sh. Tarun Bedi, Ld. Counsel for the petitioner\nsubmitted that while admitting the petitioner/accused on bail, the\nld. Trial Court has imposed very harsh condition directing the\npetitioner/accused to furnish personal bond in the sum of Rs.\n1,50,000/ and the surety bond in the like amount. He also\nsubmitted that the petitioner/accused is facing great difficulty in\narranging the surety as the surety amount in the sum of\nRs.1,50,000/ is highly exorbitant and hence, the surety amount\nmay be reduced.7. Sh. Vijender Kumar, Ld. Counsel for the respondent\nsubmitted that there is no infirmity in the order dated 25.01.2020,CR No. 73/2020 Page No. 03 of 07passed by the ld. Trial Court particularly in the circumstances that\ncheque amount was of Rs.25,00,000/ and moreover, the\npetitioner resides in Dubai and hence, surety amount may not be\nreduced.8. I have considered the above submissions and perused\nthe Trial Court record.9. In the instant matter, respondent/complainant Sunita\nBardia has filed a complaint caseu/s 138of N.I. Act against the\nPetitioner/accused, alleging that the accused had approached the\ncomplainant through Sh. Puneet Banthia for a friendly loan of\nRupees twenty five lacs. Thereafter, respondent/ complainant had\npaid a loan of Rs.25,00,000/ through RTGS on 22.09.2016 and\nthe petitioner/accused has executed a Promissory note in favour\nof the respondent/complainant, promising that the same would be\nhonoured. It is also stated in the complaint that on the same day,\npetitioner/accused issued two cheques i.e. Cheque bearing no.\n000299 for a sum of Rs.1,00,000/ towards interest of the loan\namount for a period of 120 days and another post dated cheque\nbearing no. 000300 for a sum of Rs.25,00,000/ drawn from\nRatnakar Bank Ltd., Hauz Khas, Delhi for discharge of his legal\nliability towards the said principal amount of loan.As per the complaint, the petitioner/accused assured\nthe complainant that the cheque bearing no. 000300 for a sum of\nRs.25,00,000/ would be honoured on its presentation on dated\n12.07.2018. However, the said cheque bearing no. 000300 wasCR No. 73/2020 Page No. 04 of 07dishonoured vide cheque returning memo dated 13.07.2018 with\nthe remarks 'fund insufficient'.10. Ld. Trial Court vide order dated 25.01.2020 admitted\nthe petitioner/accused on bail subject to furnishing of bail bond in\nthe sum of Rs.1.5 lacs with one surety of the like nature.\nHowever, on that day, the petitioner/accused has furnished the\npersonal bond and ld. Trial Court accepted the same till the next\ndate of hearing. The petitioner/accused sought time from the ld.\nTrial Court for furnishing surety bond and same was granted by\nthe ld. Trial Court. However, thereafter, the petitioner/accused\nhas preferred the present revision petition against the order dated\n25.01.2020.11. The petitioner/accused also stated to be residing in\nDubai. This fact has not been disputed by the ld. Counsel for the\npetitioner/accused. Moreover, perusal of the trial court record\nshows that on 01.11.2019, ld. Trial Court while cancelling\nbailable warrant against the petitioner/accused, directed the\npetitioner/accused to file his Dubai address on record. Further,\nperusal of the file shows that on 10.01.2020, exemption\napplication was moved on behalf of the petitioner/accused before\nthe ld. Trial Court stating therein that the petitioner/accused has to\nvisit Dubai for his professional requirements and at present, he is\nin Dubai. Thus, there is force in the contention of the ld. Counsel\nfor the respondent/complainant that the petitioner/accused is also\nreside in Dubai.CR No. 73/2020 Page No. 05 of 0712. Though the bail bond and surety bond should not be\nexorbitant and excessive as these bonds are just to secure the\npresence of the accused during the trial etc., however, at the same\ntime so as to ensure the presence of the accused, it is the\ndiscretion of the concerned Court to take sound surety, keeping in\nview the nature of offence as well as facts & circumstances of the\ncase. In the instant case, the petitioner/accused is stated to be\nvisiting Dubai for his professional requirements. Moreover, in the\napplication as filed by the petitioner/accused before the ld. Trial\nCourt for cancellation of bailable warrant, it is stated that the\naddresses of the petitioner/accused as mentioned in the complaint\nwere jointly owned by the petitioner/accused with his brother and\nnow the petitioner/accused has left the New Friends Colony\naddress and he has no connection with the said address. It is also\nmentioned in the said application for cancellation of B/W that the\npetitioner/accused may be allowed to furnish his new address i.e.\nS206, First Floor, Panchsheel Park, New Delhi110017, where\nhe has made necessary arrangement to receive all the\ncommunications.13. Thus, it is amply clear that the petitioner/accused is\nalso residing in Dubai and in Delhi, he has made new\narrangements to receive all the communications etc. Accordingly,\nkeeping in view the status of the petitioner/accused as well as\nconsidering the nature of allegations, the order dated 25.01.2020\npassed by the ld. Trial Court thereby while admitting theCR No. 73/2020 Page No. 06 of 07petitioner/accused on bail, directing the petitioner/accused to\nfurnish personal bond in the sum of Rs.1.5 lacs and surety bond in\nthe like nature is quite reasonable and it is not exorbitant or\nexcessive in any manner particularly, in view of the above facts &\ncircumstances.14. Therefore, in view of the facts & circumstances as\ndiscussed above, there is no infirmity or illegality in the order\ndated 25.01.2020 as passed by ld. Trial Court and same does not\nrequire any interference. As such, the present revision Petition\ndeserves to be dismissed. Revision petition is accordingly\ndismissed.15. Trial Court record be sent back alongwith copy of this\nOrder.16. After due compliance, Revision file be consigned to\nrecord room. Digitally\n signed by LAL\n LAL SINGH\n Date:SINGH 2020.12.23\n 16:20:47\n +0530\nAnnounced in the open court (LAL SINGH)On this 23rd December, 2020. ASJ05(W)/THC/Delhi\n 23.12.2020CR No. 73/2020 Page No. 07 of 07 |
2ed0ef83-273c-590b-87c3-cbd93504ece2 | court_cases | Central Administrative Tribunal - JabalpurIqbal Khan vs M/O Railways on 27 April, 20231 O.A.No. 203/01046/2019\n\n Reserved\n CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH\n CIRCUIT SITTINGS:BILASPUR\n\n Original Application No.203/01046/2019\n Jabalpur, this Thursday, the 27th day of April, 2023\n\n HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER\n HON'BLE SHRI KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER\n\n\n\nIqbal Khan\nS/o Shri Nawab Khan\nAged 61 yrs.\nRetd. Sr. Commercial Clerk\nR/o Ward NO.41\nNear Noor Maszid\nKelabadi Durg 491001 (CG) -Applicant\n\n(By Advocate -Shri B.P. Rao)\n\n Versus\n\n\n 1. Union of India,\n Through The General Manager\n SEC Railway Bilaspur Zone\n Headquarters' office\n Bilaspur 495004 (CG)\n\n 2. The Sr. Divisional Personnel Officer\n SEC Railway,\n Raipur Division\n DRM's Office\n Raipur 492004 (CG) - Respondents\n\n(By Advocate -Shri Siddharth Rathod)\n(Date of reserving the order:11.04.2023)\n\n\n\n\n Page 1 of 10\n 2 O.A.No. 203/01046/2019\n\n\n\n\n ORDERBy Justice Akhil Kumar Srivastava, JM;Through this Original Application the applicant has sought\n\ndirection to set aside the letter dated 14.12.2018 (Annexure A/3)\n\nwhereby excess payment of Rs.95605/- has been deducted from\n\nhis settlement dues and to repay the overpayment of said amount\n\nto him with interest from 01.01.2019 onwards.2. The facts of the case are that the applicant joined as\n\nTemporary Khalasi on 27.12.1980. Applicant was issued pay slip\n\nfor the month of November 2018 wherein his date of appointment\n\nwas shown as 27.12.1980 but just before his retirement vide letter\n\ndated 14.12.2018, the Sr. DPO/Raipur informed the applicant that\n\nhis date of appointment was entered in the service book as\n\n11.01.1981 in place of 27.12.1980 therefore his 3rd MACP which\n\nwas granted on 27.12.1980 has been changed to 01.01.2012\n\ntherefore on refixation of his basic pay from 01.07.2018 i.e. from\n\n46200/- to 44900/- and further Rs.10 has also extra paid from July\n\n2007 to December 2015 therefore computed Rs.95605/- as Extra\n\nPayment granted to him erroneously and which will be recovered\n\nfrom his settlements vide letter dated 14.12.2018 (Annexure A/3).\n\nHence this Original Application.Page 2 of 103 O.A.No. 203/01046/20192.1. Learned counsel for the applicant has contended that as per\n\nservice particulars/service sheet, the date of joining in service has\n\nbeen entered as 27.12.1980 and in every official letters and\n\nseniority list the date of joining has been entered by the\n\nrespondents as 27.12.1980 therefore treating his date of joining as\n\n11.01.1981 is baseless. Moreover if assume the date of joining as\n\n11.01.1981 i.e. just 14 days after actual date of joining i.e.\n\n27.12.1980 but for this error the 3rd MACP which was granted to\n\nthe applicant on 27.12.2010 can be changed to 11.01.2011 but\n\ncannot be 01.01.2012 therefore the said computation of excess\n\npayment of Rs.95605 was wholly incorrect and baseless. He\n\nfurther relied upon the judgment of Hon'ble Apex Court in the\n\nmatters ofState of Punjab and others vs. Rafiq Masih (While\n\nWasher) 2014 SLJ 136 (SC), Principal Bench of CAT in O.A.\n\n2527/2016 (Tara Chand vs. General Manager (Pension) Northern\n\nRailways) reported in AISLJ 2019(1) CAT-1, O.A. 3379/2016\n\n(Inder Singh vs. Union of India and others) reported in AISLJ 2019\n\n(1) (CAT)-4 and Allahabad Bench of CAT in O.A. No.656/2011\n\n(Umakant Jha vs. Union of India)..3. Respondents in their reply have submitted that the applicant\n\nwas appointed as Temporary Khalasi on 27.12.1980 and he was\n\nregularized in the post of Khalasi on 11.05.1981. While reviewingPage 3 of 104 O.A.No. 203/01046/2019the case of the applicant at the time of his retirement, it was\n\nobserved that inadvertently 27.12.1980 was taken as the date of\n\nappointment of the applicant for grant of MACP instead of\n\n11.05.1981 (the regular service). It is submitted by the\n\nrespondents that after completing 30 years (counted from\n\n11.05.1981 from regular service) the applicant was due for 3rd\n\nMACP of regular service 10.01.2011 but due to ongoing\n\npunishment (withholding of increment for 6 months) 3rd MACP was\n\ngiven effect from 01.01.2012. Thus, in terms of Estt. Sr. 138/09 the\n\nimplementation of 3rd MACP benefit has been granted on\n\n27.12.2010 instead of 01.01.2012. Accordingly as a consequence\n\nof the review undertaken the pay of the applicant was refixed by\n\nreducing the basic pay of Rs. 46200/- to Rs.44900/-\n\nw.e.f.01.07.2018. Further it was also notice that since July 2007 to\n\nDecember 2015 he was getting Rs.10 as excess pay. Since the\n\napplicant was retiring from Railway service on superannuation\n\nw.e.f.31.12.2018 as per Railway Service (Pension) Rules, 1993\n\nthe excess payment of Rs.95605/- made to the applicant was\n\nrecovered from the retirement gratuity with prior intimation to the\n\napplicant. The recovery has been made as per the extant Railway\n\nEstt. Rules and Rule 15 (4) of the Railway Service Pension Rule\n\n1993. Further the applicant was upper grade commercial clerkPage 4 of 105 O.A.No. 203/01046/2019dealing with commercial matters and it is understood that he was\n\nhaving the knowledge about his regularization as Khalasi\n\nw.e.f.11.05.1981 and also having the knowledge in regard to the\n\nrules that the eligibility of 3rd MACP benefits on completion of 30\n\nyears of regular service which will be reckoned in his case from\n\n11.05.1981 but he was silently taking the above benefit which was\n\ngranted to him mistakenly by reckoning from 27.12.1980 without\n\nany protest.3.1 Respondents haveplaced reliance uponthe judgment\n\npassed by Hon'ble Supreme Court in the matter of Chandi Prasad\n\nUniyal and others vs. State of Uttarkhand and others.He also\n\nrelied upon the order passed by Co-ordinate Cuttack Bench of\n\nTribunal in O.A. No.231/2017 (Pramod Chandra Patnaik vs. State\n\nof Odishaand other) decided on 07.09.2020.4. We have heard the learned counsel for the parties and\n\nperused the pleadings and documents annexed therewith.5. Hon'ble Supreme Court in a catena of decisions has\n\nconsistently held that if the excess amount was not paid on\n\naccount of any misrepresentation or fraud of the employee or if\n\nsuch excess payment was made by the employer by applying a\n\nwrong principle for calculating the pay/allowance or on the basis of\n\na particular interpretation of rule/order which is subsequently foundPage 5 of 106 O.A.No. 203/01046/2019to be erroneous, such excess payment of emoluments or\n\nallowances are not recoverable. This relief against the recovery is\n\ngranted not because of any right of the employees but in equity,\n\nexercising judicial discretion to provide relief to the employees\n\nfrom the hardship that will be caused if the recovery is ordered.6. On this aspect, the Hon'ble Supreme Court in the case of\n\nState of Punjab and others etc. Vs. Rafiq Masih (White\n\nWasher) etc., (2015) 4 SCC 334 in Paragraphs 13 and 14 of this\n\njudgment has held that recovery from retired employees or\n\nemployee who are due to retire within one year of the order of\n\nrecovery even though it would be open to the employer to correct\n\nthe mistake, it would be extremely iniquitous and arbitrary to seek\n\na refund of the payments mistakenly made to the employee. The\n\nrelevant portion of this judgment reads as under:-"(13) First and foremost, it is pertinent to note, that this Court in\n its judgment in Syed Abdul Qadir's case (supra) recognized, that\n the issue of recovery revolved on the action being iniquitous.Dealing with the subject of the action being iniquitous, it was\n sought to be concluded, that when the excess unauthorised\n payment is detected within a short period of time, it would be\n open for the employer to recover the same. Conversely, if the\n payment had been made for a long duration of time, it would be\n iniquitous to make any recovery. Interference because an action\n is iniquitous, must really be perceived as, interference because\n the action is arbitrary. All arbitrary actions are truly, actions in\n violation ofArticle 14of the Constitution of India. The logic of the\n action in the instant situation, is iniquitous, or arbitrary, or\n violative ofArticle 14of the Constitution of India, because it would\n be almost impossible for an employee to bear the financialPage 6 of 107 O.A.No. 203/01046/2019burden, of a refund of payment received wrongfully for a long\nspan of time. It is apparent, that a government employee is\nprimarily dependent on his wages, and if a deduction is to be\nmade from his/her wages, it should not be a deduction which\nwould make it difficult for the employee to provide for the needs\nof his family. Besides food, clothing and shelter, an employee has\nto cater, not only to the education needs of those dependent\nupon him, but also their medical requirements, and a variety of\nsundry expenses. Based on the above consideration, we are of\nthe view, that if the mistake of making a wrongful payment is\ndetected within five years, it would be open to the employer to\nrecover the same. However, if the payment is made for a period\nin excess of five years, even though it would be open to the\nemployer to correct the mistake, it would be extremely iniquitous\nand arbitrary to seek a refund of the payments mistakenly made\nto the employee.(14) In this context, reference may also be made to the decision\nrendered by this Court inShyam Babu Verma v. Union of India(1994) 2 SCC 521, wherein this Court observed as under:"11. Although we have held that the Petitioners were\n entitled only to the pay scale of Rs.330-480 in terms of the\n recommendations of the Third Pay Commission w.e.f. 1-1-\n 1973 and only after the period of 10 years, they became\n entitled to the pay scale of Rs.330-560 but as they have\n received the scale of Rs.330-560 since 1973 due to no\n fault of theirs and that scale is being reduced in the year\n 1984 with effect from 1-1-1973, it shall only be just and\n proper not to recover any excess amount which has\n already been paid to them. Accordingly, we direct that\n no steps should be taken to recover or to adjust any\n excess amount paid to the Petitioners due to the fault\n of the Respondents, the Petitioners being in no way\n responsible for the same."It is apparent, that inShyam Babu Verma's case (supra), the\nhigher pay-scale commenced to be paid erroneously in 1973. The\nsame was sought to be recovered in 1984, i.e., after a period of\n11 years. In the aforesaid circumstances, this Court felt that\nthe recovery after several years of the implementation of the\npay scale would not be just and proper. We therefore hereby\nhold, recovery of excess payments discovered after fivePage 7 of 108 O.A.No. 203/01046/2019years would be iniquitous and arbitrary, and as such,\n violative ofArticle 14of the Constitution of India."(emphasis supplied by us)7. No doubt, in para 18(iii) of the judgment in the matters ofRafiq Masih(supra) the Hon'ble Supreme Court has held that\n\nrecovery from employees would be impermissible in law, when the\n\nrecovery from retired employees or employee who are due to retire\n\nwithin one year of the order of recovery. Para 18 ofthe said\n\njudgmentreads as under:-"(18). It is not possible to postulate all situations of hardship,\n which would govern employees on the issue of recovery, where\n payments have mistakenly been made by the employer, in\n excess of their entitlement. Be that as it may, based on the\n decisions referred to herein above, we may, as a ready\n reference, summarise the following few situations, wherein\n recoveries by the employers, would be impermissible in law:(i) Recovery from the employees belonging to Class-III and\n Class-IV service (or Group 'C' and Group 'D' service).(ii) Recovery from the retired employees, or the employees\n who are due to retire within one year, of the order of\n recovery.(iii) Recovery from the employees, when the excess payment\n has been made for a period in excess of five years, before\n the order of recovery is issued.(iv) Recovery in cases where an employee has wrongfully been\n required to discharge duties of a higher post, and has been\n paid accordingly, even though he should have rightfully\n been required to work against an inferior post.(v) In any other case, where the Court arrives at the\n conclusion, that recovery if made from the employee, would\n be iniquitous or harsh or arbitrary to such an extent, as\n would far outweigh the equitable balance of the employer's\n right to recover."Page 8 of 109 O.A.No. 203/01046/20198.In the case ofPramod Chandra Patnaik(supra), the\n\napplicant had not challenged the recovery of excess payment from\n\nhis gratuity dues in the year 2012 and had not raised any objection\n\nbefore the authorities. He was kept silent from the date of recovery\n\ntill the date of submission of representation. Furtherin that caseapplicant had submitted undertaking to refund if any excess\n\npayment is detected later on. In the present case, the applicant\n\nhas challenged the impugned recovery and there was no oral\n\nsubmission at the time of final arguments, made by the\n\nrespondents, regarding undertaking to refund excess payment by\n\nthe applicant.Therefore, the case ofPramod Chandra Patnaik(supra) will not be applicable in this case.9. In the instant case, it is apparent from the record that an\n\nexcess amount of Rs.95605/- was found to be paid to the applicant\n\nwhile considering his date of appointment as 27.12.1980 instead of\n\n11.05.1981 in granting 3rd MACP. It is not contended before us\n\nthat the excess payment has been paid on account of the\n\nmisrepresentation or fraud of the applicant in fact it was a mistake\n\nby taking his date of appointment of applicant as 27.12.1980 by\n\nthe respondents themselves. Therefore, this Court felt that the\n\nrecovery at the time of retirement would not be just and proper.\n\nWe therefore hereby hold, recovery of excess paymentsPage 9 of 1010 O.A.No. 203/01046/2019discovered at the time of retirement would be iniquitous and\n\n arbitrary, and as such, violative ofArticle 14of the Constitution of\n\n India.10. Accordingly, this Original Application is hereby allowed. The\n\n impugned order dated 14.12.2018 (Annexure A/3) is hereby\n\n quashed and set aside. Respondents are directed to refund the\n\n amount recovered on account of implementation of aforesaid order\n\n to the applicant within a period of two months from the date of\n\n receipt of a copy of this order. However, the applicant will not be\n\n entitled for any interest. No order as to costs.(Kumar Rajesh Chandra) (Akhil Kumar Srivastava)\n Administrative Member Judicial Member\nkg/-Page 10 of 10 |
f8e841bc-81cd-5dcd-b704-a811cdf7d381 | court_cases | Chattisgarh High CourtDurga Amma vs State Of Chhattisgarh on 28 January, 2022Author:Rajendra Chandra Singh SamantBench:Rajendra Chandra Singh SamantAFR\n HIGH COURT OF CHHATTISGARH, BILASPUR\n\n\n Criminal Appeal No.1341 of 2015\n\n Judgment Reserved on : 19.1.2022\n Judgment Delivered on : 28.1.2022\n\nDurga Amma, wife of Laxminarayan, caste Telgu, aged about 45 years,\nresident of Balaji Nagar, Near Ram Mandir, Khurshipar, Police Station\nKhurshipar, Bhilai, District Durg, Chhattisgarh\n ---- Appellant\n versus\nThe State of Chhattisgarh through Excise Department, Circle Bhilai No.1,\nDistrict Durg, Chhattisgarh\n --- Respondent\n\nFor Appellant : Shri Kishore Bhaduri, Senior Advocate with\n Shri Goutam Khetrapal, Advocate\nFor Respondent : Ms. Shivali Dubey, Panel Lawyer\n\n\n Hon'ble Shri Justice Rajendra Chandra Singh Samant\n Hon'ble Shri Justice Arvind Singh Chandel\n\n C.A.V. JUDGMENT\n\nPer Arvind Singh Chandel, J.1. This appeal is directed against the judgment dated 8.9.2015\n\n passed by the Special Judge under theNarcotic Drugs and\n\n Psychotropic Substances Act(henceforth 'theNDPS Act'), Durg in\n\n NDPS Case No.17 of 2014, whereby the Appellant has been\n\n convicted and sentenced as under:Conviction Sentence\n\n UnderSection 20(b)(ii)(C)of Rigorous Imprisonment for\n theNDPS Act15 years and fine of\n Rs.1,00,000, in default of\n payment thereof, additional\n rigorous imprisonment for 2\n years22. According to the case of prosecution, C. Khalko (PW8) was posted\n\n as Assistant District Excise Officer in Excise Circle Bhilai No.1,\n\n District Durg. On 26.8.2014 at about 7:30 A.M., when he was on\n\n patrolling duty along with his coordinate officers and staff, received\n\n an information from an informant that Appellant Durga Amma was\n\n in possession of cannabis (Ganja) at her house situated in Balaji\n\n Nagar, near Ram Mandir, Khurshipar, Bhilai and she was selling\n\n that cannabis illegally without any licence. C. Khalko (PW8)\n\n recorded this information and prepared a Mukhbir Suchana\n\n Panchnama thereof (Ex.P19). In compliance ofSection 42of the\n\n NDPS Act, he sent an information to the Assistant District Excise\n\n Commissioner, Durg through Excise Constable Dhanpatsingh\n\n Baghel (PW5). Dhanpatsingh Baghel (PW5) delivered a copy of\n\n Ex.P19 to Receipt and Despatch Clerk Ms. Rohita in the office of\n\n Assistant District Excise Commissioner, Durg and obtained an\n\n acknowledgment thereof (Ex.P20). Thereafter, C. Khalko (PW8)\n\n reached the spot along with witnesses. At that time, the Appellant\n\n was present at her house. After obtaining her consent, search of\n\n the house was made. On being searched, inside a diwan kept in\n\n the bedroom of the house, Ganja was found kept in 3 bori (bags).\n\n Ganja was recovered vide Ex.P4. On being weighed, total quantity\n\n of the recovered Ganja was found to be 80 Kgs. and 850 Grms.\n\n The Ganja kept in the 3 bori were mixed together and a panchnama\n\n thereof (Ex.P7) was prepared. Thereafter, 3 sample packets each\n\n of 50 Grms. were prepared and all the 3 sample packets were\n\n marked as A, B and C. A sample panchnama thereof (Ex.P8) was3prepared. Specimen seal was affixed on Ex.P8 and a seal paper\n\n panchnama thereof (Ex.P9) was prepared. The mixed Ganja was\n\n again filled in 3 bori and those bori were sealed and a panchnama\n\n thereof (Ex.P10) was prepared. After making seizures of the 3 bori\n\n sealed Ganja and the 3 sample packets, a seizure memo thereof\n\n (Ex.P11) was prepared. Regarding possession of the house of the\n\n Appellant, a panchnama (Ex.P14) was prepared. Spot-map\n\n (Ex.P15) was also prepared. The Appellant and the seized material\n\n were brought to the Excise Control Room. The crime was\n\n registered against the Appellant vide Ex.P25. The 3 seized bori\n\n containing Ganja were kept in 3 tin containers and were sent to\n\n Bhilai Bhatthi Police Station vide Ex.P21 for safe custody. All the 3\n\n seized sample packets were sent to the office of Assistant District\n\n Excise Commissioner, Durg vide Ex.P27. On 28.8.2014, the\n\n sample packets marked as A and B were sent to the Forensic\n\n Science Laboratory, Raipur vide Ex.P28. FSL Report is Ex.P30\n\n and P31. The report is positive. Regarding possession of the\n\n Appellant on the house, a panchnama (Ex.P34) was prepared. On\n\n completion of the investigation, a charge-sheet was filed against\n\n the Appellant. The Trial Court framed charge against her.3. In support of its case, the prosecution examined as many as 8\n\n witnesses. In examination underSection 313of the Code of\n\n Criminal Procedure, the Appellant denied the guilt and pleaded\n\n innocence. No witness was examined in her defence.4. On completion of the trial, vide the impugned judgment, the Trial\n\n Court convicted and sentenced the Appellant as mentioned in first4paragraph of this judgment. Hence, this appeal.5. Learned Counsel appearing for the Appellant argued that the Trial\n\n Court has convicted the Appellant without there being sufficient and\n\n clinching evidence on record. It was argued that the prosecution\n\n has totally failed to prove its case beyond reasonable doubt. The\n\n provisions ofSections 42(1)and (2) and 55 of theNDPS Acthave\n\n not been complied with. The prosecution has not submitted any\n\n Malkhana Register of Bhilai Bhatthi Police Station nor has\n\n examined any witness in this regard. There is totally no evidence\n\n on record to show that the 3 bori (bags) of Ganja were kept in Bhilai\n\n Bhatthi Police Station for safe custody. Likewise, there is no\n\n evidence on record to show that the sample packets were also kept\n\n in the office of Assistant District Excise Commissioner, Durg for\n\n safe custody. It was further argued that there is no evidence on\n\n record to establish that the house in question was in ownership of\n\n the Appellant. With regard to the possession of the said house\n\n also, there is no conclusive evidence on record to show that the\n\n said house was in exclusive possession of the Appellant. The\n\n prosecution has not examined any neighbour of the Appellant in\n\n this regard. The evidence led by the prosecution itself shows that\n\n in this house, along with the Appellant, her major children were also\n\n living. Therefore, it is not established that the Appellant was in\n\n conscious possession of the seized Ganja.In this regard, reliance\n\n was placed on (1996) 9 SCC 462 (Mohd. Aslam Khan v. Narcotics\n\n Control Bureau).6. Opposing the above contentions, Learned Counsel appearing for5the State supported the impugned judgment of the Trial Court. She\n\n argued that the provisions ofSections 42(1)and (2) and 55 of theNDPS Actare not mandatory in nature. Therefore, if there was any\n\n non-compliance of any of the provisions in question, it is immaterial.In this regard, reliance was placed on (2009) 8 SCC 539 (Karnail\n\n Singh v. State of Haryana). It was further argued that regarding\n\n possession of the house in question, there is sufficient material\n\n available on record to show that the Appellant herself was in\n\n exclusive possession of the house and the Ganja was recovered\n\n from the bedroom of the Appellant and, therefore, the Appellant\n\n herself will be considered to be in conscious possession of the\n\n recovered Ganja. Hence, the Trial Court has rightly convicted the\n\n Appellant.7. We have heard Learned Counsel appearing for the parties and\n\n perused the statements of the witnesses and other evidence\n\n available on record with utmost circumspection.8. C. Khalko (PW8), who was the Investigating Officer of the offence\n\n in question, deposed according to the case of prosecution. One of\n\n the seizure witnesses, namely, Gyani Singh (PW1) has not\n\n supported the case of the prosecution and turned hostile. He only\n\n admitted that he put his signatures on the documents Ex.P1 to P16\n\n on being asked by the police officials. Other witnesses of the\n\n seizure, namely, Chinna Rao and B. Satyanarayan have not been\n\n examined.9. As regards compliance of the provisions ofSection 42(1)and (2) of6theNDPS Act, C. Khalko (PW8) deposed that at about 7:30 A.M.,\n\n he received the secret information from the informant and prepared\n\n the Mukhbir Suchna Panchnama (Ex.P19). He further deposed\n\n that he sent an information regarding Mukhbir Suchna and\n\n proceeding towards the spot without any search warrant to the\n\n Assistant District Excise Commissioner, Durg through Excise\n\n Constable Dhanpatsingh Baghel (PW5). Corroborating the above\n\n statement, Dhanpatsingh Baghel (PW5) deposed that he went\n\n along with a copy of Ex.P19 and a panchnama (Ex.P20) to the\n\n office of Assistant District Excise Commissioner, Durg. Since the\n\n said office was closed at that time, he waited there and on opening\n\n of the said office at 10:35 A.M., he delivered the copy of Ex.P19\n\n and the panchnama (Ex.P20) to Receipt and Despatch Clerk of that\n\n office, namely, Ms. Rohita and obtained an acknowledgment\n\n thereof on Ex.P20 itself. Perusal of Ex.P20 shows corroboration of\n\n the statement of this witness. Thus, from the above evidence\n\n available on record, it is well established that the provisions ofSection 42(1)and (2) of theNDPS Acthave been duly complied\n\n with.10. Now, we shall examine the evidence on record with regard to\n\n compliance of the provisions ofSection 55of the NDPS Act.\n\n According to the statement of C. Khalko (PW8), he had prepared 3\n\n samples of 50 Grms. each after mixing of the Ganja kept in 3 bori\n\n (bags) on 26.8.2014 and had sent all the 3 sample packets to the\n\n office of Assistant District Excise Commissioner, Durg on 26.8.2014\n\n itself vide Ex.P27 for safe custody. He had also sent the remaining\n\n quantity of recovered Ganja in 3 tin containers to Bhilai Bhatthi7Police Station on 26.8.2014 itself vide Ex.P21 for safe custody. In\n\n this regard, Malkhana Register (Ex.P36) of Excise Circle Bhilai\n\n No.1 has been produced in which relevant entries are made with\n\n regard to the above mentioned sending. Assistant Sub-Inspector of\n\n Bhilai Bhatthi Police Station, namely, J.S. Bhadoriya (PW6)\n\n deposed that he had received Ganja in 3 tin containers on\n\n 26.8.2014. During cross-examination, he admitted that on\n\n 26.8.2014, he was not the Station House Officer of the said police\n\n station. He further admitted that he had not handed over the said\n\n received Ganja to the Station House Officer. He also admitted that\n\n the Station House Officer had not affixed his seal on the said tin\n\n containers containing Ganja in his presence. He further admitted\n\n that after keeping the Ganja in Malkhana, he had not obtained any\n\n acknowledgment thereof from the Malkhana Moharrir. From the\n\n above admissions made by J.S. Bhadoriya (PW6), it is well\n\n established that in this case, the provisions ofSection 55of the\n\n NDPS Act have not been complied with.11. Regarding safe custody of the seized Ganja, only Ex.P36C, i.e., the\n\n entries of Malkhana Register of Excise Circle Bhilai No.1 is\n\n available to show that 3 tin containers containing Ganja were sent\n\n to Bhilai Bhatthi Police Station and 3 sample packets of Ganja were\n\n sent to the office of Assistant District Excise Commissioner, Durg.\n\n J.S. Bhadoriya (PW6), Assistant Sub-Inspector of Bhilai Bhatthi\n\n Police Station admitted the fact that he had not obtained any\n\n acknowledgment of the deposit of the Ganja made in the Malkhana.\n\n The concerned Malkhana Moharrir has also not been examined in\n\n this regard. Likewise, there is no evidence available on record to8show that 3 sample packets of Ganja marked as A, B and C were\n\n deposited in the office of Assistant District Excise Commissioner,\n\n Durg. No documentary evidence is submitted in this regard nor has\n\n any witness been examined to show the deposit of the sample\n\n packets in the said office. Therefore, there is no evidence available\n\n on record to show that the sample packets and the remaining\n\n quantity of recovered Ganja were kept in safe custody.12. Now, we shall examine the evidence led by the prosecution\n\n regarding conscious possession of the Appellant on the seized\n\n Ganja. According to the case of prosecution, the house in question\n\n from where the Ganja was recovered was in exclusive possession\n\n of the Appellant and she was living there. C. Khalko (PW8), in\n\n paragraph 44 of cross-examination, admitted that by investigation,\n\n it could not be found out that who was the owner of the said house.\n\n The house was of the ownership of the Appellant, there is no\n\n documentary evidence available on record in this regard. According\n\n to the case of prosecution, the house was in exclusive possession\n\n of the Appellant. From perusal of the spot-map (Ex.P15) prepared\n\n by C. Khalko (PW8), it reveals that the house in question contained\n\n only one bedroom and the Ganja was recovered from that bedroom\n\n itself. One panchnama (Ex.P14) of possession of the house was\n\n also prepared by C. Khalko (PW8) mentioning therein that in that\n\n house the Appellant was residing along with her children for many\n\n years. On completion of the whole proceedings on the spot, a\n\n panchnama thereof (Ex.P16) was prepared mentioning therein that\n\n on completion of the proceedings, possession of the house was\n\n delivered to the daughter of the Appellant, namely, Tulsi. During9the course of investigation, on 11.10.2014, 2 panchnamas (Ex.P34\n\n and P35) were prepared by C. Khalko (PW8) in which also, it is\n\n mentioned that the Appellant was living in that house along with her\n\n children. Thus, from the documents prepared by C. Khalko (PW8)\n\n himself, it is established that in the house in question, the Appellant\n\n was not residing alone, but was residing there along with her\n\n children. Patwari Purendra (PW7), who prepared the spot-map\n\n (Ex.P22) deposed that he prepared the said spot-map as narrated\n\n by Tulsi, the married daughter of the Appellant. No statement of\n\n Tulsi has been recorded by the prosecution regarding exclusive\n\n possession of the Appellant on the house in question. Tulsi was\n\n given intimation of arrest of the Appellant vide Ex.P13 in which also\n\n address of the house in question is mentioned to be of Tulsi. Thus,\n\n it appears that in the house in question, along with the Appellant,\n\n her married daughter Tulsi and the other children of the Appellant\n\n were also living. The house in question consisted of only one\n\n bedroom in which Ganja was found. Since it appears that in the\n\n house in question along with the Appellant her major and married\n\n daughter Tulsi and other children of the Appellant were also living,\n\n the Ganja which was found in the bedroom of the said house was in\n\n conscious possession of the Appellant is suspicious.13. On a minute examination of the evidence named above, it is clear\n\n that in this case the provisions ofSection 55of the NDPS Act have\n\n not been complied with. The seized sample packets and the\n\n remaining seized quantity of Ganja were kept in safe custody is\n\n also not established. The house in question from where the Ganja\n\n was recovered was in ownership of the Appellant, no evidence to10this effect is available on record. There is also no conclusive\n\n evidence available on record to show that the house in question\n\n was in exclusive possession of the Appellant. Rather, from the\n\n material available on record, it is established that the Appellant was\n\n living in the said house along with her children and out of them one\n\n was her major daughter Tulsi who was married. Therefore, the\n\n Appellant was in conscious possession of the recovered Ganja is\n\n also not established. Therefore, in our considered view, the\n\n Appellant is entitled to get benefit of doubt.14. In the result, the appeal is allowed. The impugned judgment of\n\n conviction and sentence is set aside. The Appellant is acquitted of\n\n the charge framed against her. She is reported to be in jail. She be\n\n set at liberty forthwith, if not required in any other case.Sd/- Sd/-\n\n (Rajendra Chandra Singh Samant) (Arvind Singh Chandel)\n Judge Judge\n\nGopal |
eed77b99-5e53-5fd7-952f-6ede22882344 | court_cases | Jammu & Kashmir High Court - Srinagar BenchMohammad Ashraf Sheikh And Ors vs State And Ors on 5 October, 2020Author:Puneet GuptaBench:Puneet GuptaAfter Notice Cause List\n Sr. No.291\n HIGH COURT OF JAMMU AND KASHMIR\n AT SRINAGAR\n\n\n OWP No. 1757/2013\n IA No. 01/2013[2875/2013]\n\n\n Mohammad Ashraf Sheikh and ors. ......Petitioner (s)\n Through :- None.\n v/s\n\n State and ors. . ......Respondent(s)\n Through :-. Mr. Irfan Andleeb, AAG\n HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE\n (Through Virtual Mode from Jammu)\n ORDERAwait appearance of learned counsel for the petitioners.\n List on 03.12.2020.(Puneet Gupta)\n Judge\n Srinagar\n 05.10.2020\n TarunTARUN KUMAR GUPTA2020.10.07 16:46I attest to the accuracy andintegrity of this document |
167c8f89-eb0e-5e14-ab68-a98cfbab2588 | court_cases | Delhi High CourtSachin Arora vs Manju Arora on 10 May, 2023Neutral Citation No. 2023:DHC:3197\n\n\n\n\n $~\n * IN THE HIGH COURT OF DELHI AT NEW DELHI\n Reserved on: 03.05.2023\n Date of Decision: 10.05.2023\n\n + CM(M) 64/2023, CM APPL. 2082/2023 (stay) & CM APPL.\n 6247/2023 (vacation of stay)\n SACHIN ARORA ..... Petitioner\n Through: Ms. Preeti Singh, Mr Sunklan Porwal,\n Ms. Saumya Dwivedi, Ks. Kmkum\n Mandhanya and Mr Rishabh Munjal,\n Advs.\n\n versus\n\n MANJU ARORA ..... Respondent\n Through: Mr.Prabhjit Jauhar with Ms.Rosemary\n Raju, Ms.Ajunee Singh, Mr.Ranveer\n Talwar, Advs.\n\n CORAM:\n HON'BLE MS. JUSTICE REKHA PALLI\n REKHA PALLI, J\n JUDGMENT1. The right of privacy claimed by the husband vis-à-vis the prayer of\n the wife to seek assistance of the Court for production of records to\n substantiate her charge of adultery levelled against the husband in her\n petition seeking divorce is the question before this Court.2. The present petition underArticle 226of the Constitution of India,\n preferred by the husband, who is the respondent in HMA No. 1724/2022,\n instituted by the wife, seeks to assail the orders dated 04.07.2022 and\n\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 1 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n 14.12.2022 passed by the learned Family Court. Vide its order dated\n 04.07.2022, the learned Family Court allowed the application preferred by\n the respondent seeking preservation of the CCTV footage of Hotel Fairmont,\n Jaipur for the period between 29.04.2022 to 01.05.2022. However, after it\n was reported that CCTV footages were not preserved for more than 30 days\n and were therefore not available at that stage, the respondent moved an\n application under Order XVI of the Code of the Civil Procedure (hereinafter,\n CPC) seeking summoning of the record regarding room No. 219 of Hotel\n Fairmont Jaipur for the period between 29.04.2022 to 01.05.2022 as also the\n Call Detail Records (CDRs) of the petitioner's two mobile nos. 9811484848\n and 9310484848 for the period between 01.06.2021 to 30.06.2022. This\n application has been allowed by the learned Family Court vide its impugned\n order dated 14.12.2022 and the record in terms of the application was\n directed to be sent to the Court in a sealed cover.3. Before dealing with the rival submissions of the learned counsel for\n the parties, the brief factual matrix, as is necessary for adjudication of the\n present petition, may be noted.4. The marriage between the parties, having been solemnized on\n 04.12.1998 according to Hindu rites and rituals, they were on 15.07.2000,\n blessed with a daughter. Even while both the parties continued to reside in\n the same shared household, disputes arose between them and the respondent\n served a legal notice upon the petitioner on 24.05.2022 wherein she besides\n alleging cruelty and domestic violence on the part of the petitioner, stated\n that he had indulged in adulterous acts with a woman outside their marriage.\n The respondent thereafter filed a petition seeking divorce underSection\n 13(1)(i)of the Hindu Marriage Act on the ground of adultery and cruelty on\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 2 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n the part of the petitioner. It was the respondent's specific case that, the\n petitioner between 29.04.2022 to 01.05.2022 was staying with a lady along\n with her daughter in the same room at Hotel Fairmont, Jaipur.5. In order to substantiate her allegations of adultery against the\n petitioner, the respondent approached Hotel Fairmont, Jaipur with a request\n to provide her with the booking details of room no.219 between 29.04.2022\n to 01.05.2022 where the respondent claims, the petitioner was residing with\n the lady whose particulars are not known to her, alongwith the identity\n proofs (ID) of persons staying therein as also the details of the mode of\n payment of the room rent. Upon the said request being denied by the hotel\n authorities, the respondent preferred an application before the learned\n Family Court seeking preservation of the CCTV footage of room no.219 by\n the hotel authority for the aforesaid period. The learned Family Court, while\n allowing the said application on 04.07.2022, granted liberty to the\n respondent to move a fresh application for summoning the CCTV footage,\n booking details and reservation records of room no.219, Hotel Fairmont.6. The respondent then preferred an application before the learned\n Family Court under Order XVI, CPC read withSection 14of the Family\n Courts Act, seeking a direction to Hotel Fairmont, Jaipur to produce the\n booking details, reservation records and ID proofs of persons staying in\n Room No. 219 or of any other room in which the petitioner stayed during\n the period between 29.04.2022 to 01.05.2022. The respondent also sought\n directions to the concerned mobile agencies for preservation of CDRs of the\n petitioner's mobile nos.9310484848, 9811484848 for a period of one year.\n In support of her application, the respondent relied on certain photographs of\n\n\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 3 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n the petitioner with the said lady in the hotel. The prayers made by the\n respondent in her application read as under:-"A. Direct the Fairmont Hotel, Jaipur to produce the booking\n details of Room No. 219 of the hotel from 29.04.202201.05.2022of\n the Fairmont Hotel, Jaipur or any such room the respondent\n stayed in.B. Direct the Fairmont Hotel, Jaipur to produce the reservation\n details such as the check-in check out register at the reception and\n copies of ID cards submitted with Hotel Fairmont, Jaipur for\n Room No. 219 for 29.04.202201.05.2022by all the occupants or\n any such other room the respondents stayed in.C. Direct the Fairmont Hotel, Jaipur to produce the payment\n made for Room No. 219 of the hotel from 29.04.202201.05.2022of\n the Fairmont Hotel, Jaipur or any such room the respondent\n stayed in.D. Summon and direct the Nodal Officer of the Airtel and\n Vodafone Company to preserve and furnish the Mobile Call\n Records of the Number bearing 9811484848, 9310484848of the\n Respondent for the period of 1 year."7. In his reply to the application, the petitioner besides refuting the\n allegations of adultery and cruelty levelled against him, contended that he\n merely met one of his friends who along with her daughter, was at the same\n time, coincidently staying at the same Hotel Fairmont where he was staying.\n Furthermore, the photographs relied upon by the respondent only showed\n that the petitioner had met his friend in the public area of the hotel in broad\n daylight and therefore, the allegations of adultery levelled against him on the\n basis of these photographs, were liable to be rejected. It was further averred\n that the application preferred by the respondent, if allowed, would amount to\n infringement of the right to privacy not only of the petitioner but also of the\n\n\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 4 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n lady, who was happily married to a third party as also of her minor daughter\n who were both not connected to the disputes between the parties.8. After considering the rival submissions of the parties, the learned\n Family Court, passed the impugned order dated 14.12.2022 directing Hotel\n Fairmont, Jaipur to preserve the documents relating to the reservation\n details, payment details and ID proofs of room no.219 for the period\n between 29.04.2022 to 01.05.2022 and send the same to the Court in a\n sealed cover. A direction was also issued to the concerned mobile agencies\n to preserve all the CDRs in respect of mobile nos.9811484848 and\n 9310484848 for the period between 01.06.2021 to 30.06.2022 and send the\n same to the Court in a sealed cover. While passing the impugned order, the\n learned Family Court opined that the documents being sought by the\n respondent were necessary to prove the charges of adultery and cruelty\n levelled against the petitioner by her.9. Being aggrieved, the petitioner has approached this Court by way of\n the present petition. On 17.01.2023, when the petition was taken up for\n preliminary consideration, this Court, while issuing notice in the petition,\n had stayed the operation of the impugned orders to the extent it directed\n Hotel Fairmont to send the reservation details of Room No. 219 and the\n mobile agencies to send the CDRs to the learned Family Court. The Court,\n however directed the aforesaid hotel as also the concerned mobile agencies\n to ensure that records in terms of the impugned orders are preserved.\n Consequently, the records in terms of the impugned orders have been duly\n preserved in accordance with this Court's directions.10. In support of the petition, Ms. Preeti Singh, learned counsel for the\n petitioner begins by contending that the learned Family Court has failed to\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 5 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n appreciate that no prima facie case of adultery against the petitioner was\n made out thereby warranting issuance of directions to Hotel Fairmont to\n send the reservation details of the petitioner's stay or to the mobile agencies\n for sending his CDRs in sealed cover. She contends that the learned Family\n Court has proceeded to pass the impugned order solely on the basis of bald\n allegations of adultery and cruelty levelled by the respondent against the\n petitioner without appreciating the fact that no material was brought on\n record by the respondent to establish adultery on the petitioner's part. The\n petitioner went to Jaipur for some official work and happened to co-\n incidentally meet his friend, who was also staying in Hotel Fairmont at the\n same time when the petitioner visited Jaipur. Merely because the petitioner\n was found sitting with his friend in the common areas of the hotel could not,\n in any manner, be construed as adultery being committed by him. She\n contends that it was incumbent upon the respondent to first establish a prima\n facie case for adultery, which she failed to do. The learned Family Court has\n passed the impugned orders without even discussing as to a how a prima\n facie case was made out against the petitioner and has gone ahead to accept\n the respondent's meritless plea that these documents were necessary for\n proving the charge of adultery and cruelty against him. In support of her\n plea that such directions could not have been passed without the respondent\n establishing a prima facie case she seeks to rely on a decision of the Apex\n Court in Sharda v. Dharampal, (2003) 4 SCC 3450.11. By drawing my attention to the prayers sought by the respondent in\n her application, she contends that vide the said application, the respondent\n had sought directions to preserve the reservation details and CDRs of Room\n 219 or of any such room the petitioner stayed in. This, she contends, was\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 6 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n indicative of the fact that respondent herself was not sure about the\n petitioner staying in Room No. 219 or of his staying with his friend in the\n hotel and indulging in adulterous acts with her. The respondent clearly failed\n to conclusively demonstrate that the petitioner was staying with his friend in\n Room No. 219. Furthermore, the photographs, on which heavy reliance has\n been placed by the respondent, itself showed that the petitioner was in the\n company of his friend and her daughter in public areas of the hotel and that\n too in broad daylight. She thus contends that once there was no proof that\n the petitioner had been staying in the hotel room with his lady friend, the\n Court could ought not to have directed a roving and fishing enquiry so as to\n collect evidence for the respondent. In support of her plea, she seeks to place\n reliance on the decisions of the Apex Court in Sharda (supra)andMartin\n Burn Ltd. v. R.N. Banerjee(1958) SCR 514.12. Ms. Singh next submits that directions issued by the learned Family\n Court for preserving the CDRs in respect of mobile nos. 9811484848 and\n 9310484848 for the period between 01.06.2021 to 30.06.2022 were also\n wholly without any basis. She submits that no useful purpose would be\n achieved by calling for the CDRs as same cannot in any manner, establish\n that the petitioner had indulged in acts of adultery and cruelty. Adultery, she\n contends is an offence punishable by law wherein a person indulges in\n sexual intercourse outside marriage and in order to prove the said offence,\n there has to be conclusive proof of the person indulging in such sexual acts.\n The same would therefore require much more than summoning of the CDRs.\n Calling for the records of the aforesaid mobile nos. of the petitioner would,\n at best, reflect his tower location, individuals whom the petitioner contacted\n either in the regular course or for the purposes of his business as also the\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 7 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n duration of his calls. Furthermore, even if it were to be found that the\n petitioner had contacted his friend during the course of his stay at Hotel\n Fairmont, Jaipur, the same would not, by any stretch of imagination, be\n construed as indulging in an act of adultery by him.13. She further submits that the directions issued by the learned Family\n Court also amount to infringement of the right to privacy, not only of the\n petitioner but also of his friend and her daughter, who are not at all\n connected with the lis between the parties. If the prayer of the respondent\n were to be allowed by this Court, the same would cast grave aspersions not\n only on the repute and character of the woman whom the petitioner co-\n incidentally met at the hotel but would also put a question mark on the\n legitimacy and paternity of the minor child, which she contends should not\n be permitted in any manner. Furthermore, as perSection 112read withSection 4of the Indian Evidence Act, 1872, the birth of a child during the\n continuance of valid marriage is treated as conclusive proof of the child\n being legitimate. The object of the said provision is to accord undisputed\n legitimacy to a child born out of a valid marriage and to prevent an\n unwarranted inquiry into the paternity of the child whose parents, at the\n relevant time, had access to each other. Such a presumption can be rebutted\n only by strong, conclusive and clear evidence to the contrary. She,\n therefore, contends that once there is neither any dispute regarding the\n validity of the marriage of the woman whom the petitioner met at Hotel\n Fairmont, Jaipur nor has any evidence been led by the respondent to show\n that the marriage of the woman with her husband was invalid, the child born\n out of that marriage would, by virtue ofSection 112of the Evidence Act, in\n itself be considered as a legitimate child of that woman. However, the\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 8 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n respondent has repeatedly, without any basis, sought to urge that the child\n was born out of an adulterous relation between her mother and the\n petitioner. This she contends, is wholly impermissible and would cause\n grave and irreparable loss to the child as there would be a lifelong stigma on\n her existence. Such aspersions regarding the legitimacy of the child should\n not be permitted by the Court in any manner. In support of her plea, she\n seeks to place reliance on the decision of the Apex Court inAparna Ajinkya\n Firodia vs. Ajinkya Arun Firodia,(2023) SCC Online SC 161.14. Her next submission is that the details of the CDRs sought to be\n summoned by the respondent would not serve any purpose but would\n instead arm the respondent with information regarding the petitioner's\n business deals and would therefore be used as a tool to defame him and\n tarnish his reputation in the society. The only aim and motive of the\n respondent is to defame the petitioner and his family members as is evident\n from her past conduct wherein she had filed numerous complaints against\n the petitioner and his family members. In fact, even as on date, 8 criminal\n complaints are pending adjudication, causing grave hardship not only to the\n petitioner but also his family members who are being unnecessarily harassed\n by the respondent. The petitioner has been socially boycotted from the\n society which has resulted in a situation whereby he has been left with no\n household staff to take care of his aged parents and look after the daily\n chores. She, therefore, submits that the learned Family Court has failed to\n appreciate that the issuance of directions as sought by the respondent would\n only be used to defame the petitioner and tarnish the reputation not only of\n the petitioner but also of his family members.Signature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 9 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:319715. Ms. Singh further submits that merely because the petitioner is\n assailing the directions issued by the learned Family Court to preserve the\n reservation details and CDRs on the ground that the same amounts to\n infringement of his privacy, an adverse inference cannot be drawn against\n him. She submits that as perSection 114of the Indian Evidence Act, if a\n man refuses to answer a question, which he is not compelled by law to\n answer but the answer to it might cause loss to him in matters unconnected\n with the matter in relation to which it is asked, the Court may not draw an\n adverse inference against him. In the present case, if the directions issued by\n the learned Family Court are allowed to stand, the same would have far\n reaching consequences for the petitioner as the same would not only amount\n to infringement of his privacy but will also gravely affect his relationship\n with his friend, his business colleagues and with every individual associated\n with him in life. She, therefore, submits that merely because the respondent,\n in the present case which is purely civil in nature, has approached the Court\n contending that the petitioner had indulged in acts of adultery without\n leading any prima facie evidence whatsoever in this regard, no adverse\n inference against the petitioner for assailing the directions issued by the\n learned Family Court ought to be drawn by the Court.16. In support of the aforesaid submissions, learned counsel for the\n petitioner has additionally sought to place reliance on the following\n decisions:(i)A.L. Kannan vs. Panjavarnam(2018) SCC Online Mad 12071- The\n necessity and relevance for getting the call detail records must first be\n ascertained by the Court and summons to a third party must only be\n\n\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 10 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n issued when the Court is satisfied that production of a document is\n material and relevant.(ii) Rayala M. Bhuvaneswari vs. NagaphanenderRayala (2007) SCC\n Online AP 892.The telephone conversations are an important facet of a person's private\n life and therefore, the right to privacy would certainly include telephone\n conversations in the privacy of one's home or office.(iii)Surjit Singh Thind vs. Kanwaljit Kaur2003 SCC Online P&H 555,Vishal Vashisht v. Natasha Sharma CR No4408/2022, order dated\n 10.11.2022 of the Punjab and Haryana High Court,Vishwas Shetty vs.\n Preethi K Rao and Anr. W.P.(C) 13165/2019 order dated 30.11.2022 of\n the Karnataka High Court and Harpreet Singh and Gurpreet Kaur CR\n No. 5092/2022, order dated 11.11.2022 of the Punjab and Haryana\n High Court- Privacy of a third party cannot be permitted to be violated on\n the basis of a suspicious plea of a party that her/his spouse is involved in\n an illicit relationship. An order which directs tower details of a party to be\n placed before a Court in a proceeding in which he is not involved would\n amount to violation of his informational privacy. Furthermore, the same\n would amount to the petitioner leaning on the Court for collecting\n evidence which is not permissible.(iv) Veeraman v. Shaitan Bai FA No.355/2004, judgment dated\n 13.10.2022 of the Madhya Pradesh High Court andJayantibhai\n Shravanbhai Rajput v. Minor Nayra Jayantibhai Rajput Crl Rev. Appl.\n No.1213/2022 Gujarat High Court\n Merely roaming around with any male/female other than one's own\n husband/wife would not lead to a presumption of adultery and mere\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 11 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n production of photographs before the Court to this effect would not be\n sufficient to show adultery.(v)Neha and Ors. vs. Vibhor Garg, 2021 SCC Online P&H 4571.\n Merely because the Family Court is not bound by the strict rules of\n evidence does not imply that it would be at liberty to accept a CD in\n evidence which would amount to clear violation of the right to privacy of\n an individual.(vi) Sangeeta vs. Shushil and Anr.- 2016 SCC Online Bom 13928\n The charge of extra marital relationship is a serious charge that casts\n aspersion on the character of a spouse and therefore the charge needs to\n be proved beyond reasonable doubt with the help of cogent evidence that\n would lead to an irresistible conclusion that the spouse had indulged in\n voluntary sexual intercourse with person of opposite sex.(vii) Gayatri @ Gadigevva v. Vijay W.P. No. 102933/2021, order\n dated 03.12.2021 of the Karnataka High Court\n Divorce proceedings being adversarial in nature, the Courts must exercise\n their power to direct the medical/legal practitioners to divulge secrets only\n in rare and exceptional circumstances. The endeavour of the Court should\n be to protect the families from being broken rather than igniting issues in\n settled families.17. She, therefore, prays that the impugned orders be set aside.18. Per contra, Mr. Prabhjit Jauhar, learned counsel for the respondent,\n while supporting the impugned orders submits that once the respondent was\n able to establish a strong prima facie case against the petitioner indulging in\n acts of adultery and cruelty, the learned Family Court was justified in\n\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 12 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n issuing the directions for preservation of booking details, payment receipts\n and ID proofs of the stay in Room No. 219 as also the CDRs of the\n petitioner's mobile phones. He contends that the respondent had approached\n the learned Family Court not on the basis of mere speculations as alleged by\n the petitioner but with conclusive proof of her husband staying in Hotel\n Fairmont, Jaipur with another woman outside their marriage for a specific\n period, i.e., from 29.04.2022 to 01.05.2022 and had also filed photographs to\n show that her husband was in the close company of another woman during\n the said period. The establishment of a prima facie case against the\n petitioner is also evident from the fact that the petitioner has neither denied\n staying in the said hotel with his friend from 29.04.2022 to 01.05.2022 nor\n has till date, willingly produced the hotel booking records which are in his\n possession. He, therefore, submits that the learned Family Court was\n justified in issuing the directions for sending the reservation details and call\n detail records to the Court in a sealed cover.19. He next submits that while issuing the impugned directions, the\n learned Family Court was well aware of the fact that the reservation details\n and call detail records being sought by the respondent were necessary for\n adjudication of the lis pending between the parties. The respondent has filed\n the petition for divorce against the petitioner on the grounds of adultery and\n cruelty and the documents being sought would be crucial in establishing the\n said charges against him. The petitioner deliberately made hotel reservations\n with the intention of indulging in adulterous activities with his friend and as\n per the respondent's information stayed in the same room with her in Hotel\n Fairmont, Jaipur from 29.04.2022 to 01.05.2022. The summoning of the\n reservation details would therefore be necessary to establish the charge of\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 13 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n adultery. Furthermore, the call detail records would also be relevant to prove\n the proximity of the relationship between the petitioner and his female\n friend; the frequency and duration of the calls made by the petitioner to his\n friend would be instrumental in determining the degree of closeness between\n them. Moreover, in his written statement filed before the learned Family\n Court, the petitioner had taken a totally contrary stand claiming that he had\n gone to Jaipur on an official trip along with his female colleague for which\n purpose two rooms were reserved in Hotel Fairmont. This in itself, he\n contends is sufficient to prima facie show that the petitioner in order to\n conceal his adulterous acts is trying to take contradictory stands before the\n learned Family Court to somehow prevent disclosure of the details regarding\n his stay in the hotel being well aware that this disclosure would in itself\n show adultery on his part. In support of his plea, he seeks to place to\n reliance on a decision of the Andhra Pradesh High Court in Civil Revision\n Petition No.2385 and 2466 of 2018 titledK Srinivas Rao vs Nalam Naga\n Kamala.20. Mr. Jauhar next submits that even otherwise, underSection 14of the\n Family Courts Act, the learned Family Court is vested with powers to\n receive as evidence any report, statement, documents etc. which, in its\n opinion, may assist it in effectively dealing with a dispute irrespective of\n whether the same would be relevant or admissible under theIndian Evidence\n Act. The only threshold required to be met is that in the opinion of the\n Family Court, the evidence sought to be summoned would help in the\n effective adjudication of the matter. Whether the evidence would ultimately\n be accepted as a proof of fact is irrelevant at this stage. He submits that, in\n the present case, the reservation details and the Call detail records being\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 14 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n summoned by the learned Family Court are quintessential in adjudicating\n the disputes between the parties and would certainly help the respondent in\n proving the charges of adultery and cruelty. The summoning of this record\n therefore squarely falls within the ambit ofSection 14of the Family Courts\n Act.21. He further submits that the petitioner's plea that the summoning of the\n reservation details and the call detail records amounts to infringement of his\n right to privacy, is wholly misconceived and without any merit. Even\n though the right to privacy of an individual is an intrinsic part of right to life\n and personal liberty underArticle 21of the Constitution of India, the said\n right is not an absolute one and is subject to certain reasonable restrictions in\n cases where public interests are involved. By placing reliance on the\n decision of the Apex Court inMr.X v. Hospital Z(1998) 8 SCC 296, he\n submits that in cases where there is a clash between the right to privacy and\n a right that would advance public morality or public interests, the right to\n privacy should pave way for the latter as moral considerations cannot be\n ignored by the Courts. He further submits that the Courts must ensure that\n right to fair trial, which involves public justice and has wider ramifications\n should not suffer at the expense of right to privacy and therefore a proper\n balance is required to be struck between the two rights. In the present case,\n the offence being alleged is that of adultery, which involves public morality\n and a legitimate/larger public interest. The petitioner, therefore, cannot take\n defence of infringement of his right to privacy so as to curtail the\n respondent's right to fair trial as the cause of public justice would suffer if\n the petitioner's prayers are allowed. In support of his plea, he seeks to place\n reliance on the decisions of the Apex Court in Diapnwita Roy v. Ronobroto\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 15 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n Roy, (2015) 1 SCC 365,Joseph Shine v. Union of India(2019) 3 SCC 39\n and of a Co-ordinate Bench of this Court inDeepti Kapur v. Kunal Julka,\n (2020) SCC Online Del 672. He, therefore, submits that the respondent\n should be accorded a fair chance to seek the documents which would be\n necessary for her to establish the charge of adultery against the petitioner.22. Mr. Jauhar next submits that the petitioner cannot be permitted to\n take defence of plea that the directions to summon the reservation details\n and call detail records amounts to infringement of privacy of his friend or\n would bring the legitimacy of the minor child in question. By drawing my\n attention to the reply filed by the petitioner to application filed by the\n respondent, he submits that the petitioner had stated that the directions\n issued by the learned Family Court would be perceived as a doubt upon the\n character and chastity of the petitioner's friend. This, he contends, is\n indicative of the fact that the petitioner is himself pre-supposing that he\n stayed with his friend in the same room in the hotel and indulged in\n adulterous acts with her. The petitioner is well aware of the consequences\n that the documents summoned would disclose the true state of affairs and is\n therefore, taking a bald defence that the summoning of the documents would\n infringe his friend's right to privacy. In support of his plea, he seeks to place\n reliance on a decision of a Coordinate Bench inLinda Constance Edwards\n v. William Edwards &Anr., (2000) SCC OnLine Del 933.23. He further submits that the plea that the directions issued by the\n learned Family Court would cast aspersions on legitimacy of the minor child\n is equally without any merit. Neither before the learned Family Court nor\n before this Court has the respondent sought a declaration to the effect that\n the minor child be declared as an illegitimate child nor is she seeking a\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 16 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n paternity test of the minor child. Infact, the respondent is till date not even\n aware of the name of either the lady or of the minor child. He, therefore,\n submits that once the respondent has not sought any declaration regarding\n the legitimacy of the minor chid, the directions issued by the learned Family\n Court would not, in any manner, cast aspersions on the paternity of the child\n as is sought to be contended by the petitioner. Furthermore, the respondent\n is not seeking any details of the room where the petitioner's lady friend\n stayed but only of the room where the petitioner stayed between 29.04.2022\n to 01.05.2022 and therefore, there is no question of infringement of privacy\n of the petitioner's lady friend.24. He, therefore, prays that the petition be dismissed.25. Before dealing with the rival submissions of the parties, it would be\n apposite to note the statutory provisions relating to this specialised branch,\n i.e., Family Law which specifically provide that the Family Courts are not\n bound by the restrictions imposed by theIndian Evidence Act. I may,\n therefore, first note the Statement and Objects of Reasons (SOR) of the\n Family Courts Act which lay down the very purpose of the enactment. The\n same reads as under:-"several associations of women, other organizations and\n individuals have urged, from time to time, that Family Courts\n be set up for the settlement of family disputes, where\n emphasis should be laid on conciliation and achieving\n socially desirable results and adherence to rigid rules of\n procedure and evidence should be eliminated. The Law\n Commission in its 59th report (1974) had also stressed that in\n dealing with disputes concerning the family, the Court ought\n to adopt an approach radically different from that adopted\n ordinary civil proceedings and that it should make\n reasonable efforts at settlement before the commencement of\n\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 17 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n the trial.""26. I may now refer toSection 14of the Family Courts Act which reads\n as under:-"14.Application of Indian Evidence Act, 1872.-A Family\n Court may receive as evidence any report, statement,\n documents, information or matter that may, in its opinion,\n assist it to deal effectually with a dispute, whether or not the\n same would be otherwise relevant or admissible under theIndian Evidence Act, 1872 (1 of 1872). -A Family Court may\n receive as evidence any report, statement, documents,\n information or matter that may, in its opinion, assist it to deal\n effectually with a dispute, whether or not the same would be\n otherwise relevant or admissible under theIndian Evidence\n Act, 1872 (1 of 1872).""27. These provisions have been extensively dealt by a Coordinate Bench\n of this Court in Deepti Kapur (supra) wherein the Court was dealing with\n the question of admissibility of evidence before the Family Court which\n evidence was perhaps not admissible before the regular Civil Court. The\n Court opined thatSection 14creates a special dispensation to the Family\n Court receiving evidence to effectively decide dispute before it. It was also\n emphasised that the proceedings before a Family Court stand on a different\n footing from a proceeding before a regular Civil Court where the provisions\n of theIndian Evidence Actare fully applicable. It would therefore, be\n useful to refer to the observations in Deepti Kapur (supra) as contained in\n paragraph nos.34, 35 and 36 (c) of the decision which reads as under:34. To address the aspect whether ethical and moral\n considerations should be factored-in to decide admissibility of\n evidence, attention may be drawn to the observation of the\n Supreme Court in Pooran Mal (supra), where the court said that\n when there is no express or specifically implied prohibition in the\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 18 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n Constitution, it is uncalled for and unwarranted to invoke the\n spirit of the Constitution to exclude evidence. Equally so, in the\n face of the settled rule of evidence as augmented bysection 14of\n the Family Courts Act, it would be unwarranted to bring into the\n picture subjective and undefined ethical and moral values or\n considerations, to decide if evidence should even be receivable\n by a Family Court. Without at all denigrating the importance of\n ethical and moral considerations, in the opinion of this court, to\n say that a Family Court should shut-out evidence at the very\n threshold on the basis of how it is collected, would be (i) in\n breach ofsection 14which unequivocally expresses the intention\n of the Legislature; (ii) in breach of settled principles of evidence;and (iii) in breach of the enunciation by the Supreme Court that\n though the right to privacy is a fundamental right, it is not\n absolute and must be placed in the context of other rights and\n values. Such construction would have more potential for mischief\n than possible salutary effect.35. If it were to be held that evidence sought to be adduced\n before a Family Court should be excluded based on an objection\n of breach of privacy or some other cognate right, then in many a\n case the provisions ofsection 14would be rendered nugatory\n and dead-letter. It must be borne in mind that Family Courts\n have been established to deal with what are essentially sensitive,\n personal disputes relating to dissolution of marriage, restitution\n of conjugal rights, legitimacy of children, guardianship, custody,\n and access to minors; which matters, by the very nature of the\n relationship from which they arise, involve issues that are\n private, personal and involve intimacies. It is easily foreseeable\n therefore, that in most cases that come before the Family Court,\n the evidence sought to be marshalled would relate to the private\n affairs of the litigating parties. Ifsection 14is held not to apply\n in its full expanse to evidence that impinges on a person's right to\n privacy, thensection 14may as well be effaced from the statute.\n And yet, falling back upon the general rule of evidence, the test\n of admissibility would only be relevance; and accordingly, even\n ignoringsection 14, fundamental considerations of fair trial and\n public justice would warrant that evidence be received if it is\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 19 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n relevant, regardless of how it is collected. No purpose would\n therefore be served by emasculating the salutary provisions ofsection 14of the Family Courts Act by citing breach of privacy.\n Looking at it dispassionately, even assuming evidence is\n collected in breach of privacy, at best and at worst, it is\n the process of collection of evidence that would be tainted not the\n evidence itself.36. The sequitur to the aforesaid constitutional and legal\n landscape is that:(c) The limited threshold test of „relevance‟ ensures that the right\n of a party to bring evidence to court, and thereby to a fair trial,\n is not defeated. What weight is to be given to evidence so\n brought-in, and whether or not the court ultimately relies upon\n such evidence for proof of a fact-in-issue or a relevant fact, is\n always in the discretion of the court. This, a court may do on\n other considerations, including considerations of justice and fair\n play. We must be clear that the test of admissibility is only a\n „threshold test‟, which opens the doors of the court, as it were, so\n that relevant evidence brought by a litigating party is permitted\n entry into the court records. It does not bind the court to treat\n such evidence as proof of a fact-in-issue or relevant fact.Section\n 14of the Family Courts Act makes this threshold test even less\n stringent, in that the Family Court may receive evidence, whether\n or not it would otherwise be relevant or admissible under theEvidence Act, provided in its opinion such evidence would assist\n it in effectively dealing with the dispute;28. Since learned counsel for the petitioner has placed heavy reliance onSection 112of the Indian Evidence Act, I may also note the provisions\n thereof at this stage. The same read as under:-"112. Birth during marriage, conclusive proof of\n legitimacy.--The fact that any person was born during the\n continuance of a valid marriage between his mother and\n any man, or within two hundred and eighty days after its\n dissolution, the mother remaining unmarried, shall be\n conclusive proof that he is the legitimate son of that man,\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 20 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n unless it can be shown that the parties to the marriage had\n no access to each other at any time when he could have\n been begotten."29. The aforesaid provision undoubtedly declares that the factum of a\n child being born during the continuance of a valid marriage between his/her\n mother and a man would be conclusive proof of the legitimacy of him/her\n being a legitimate child of the man. However, in the facts of the present case\n nothing turns upon this provision. As rightly contended by the learned\n counsel for the respondent, the paternity of the child is not at all being\n assailed by the respondent, who has infact, not even given her particulars\n either in the petition seeking divorce or in the application leading to the\n impugned orders. All that has been alleged by the respondent is that her\n husband is in an adulterous relationship with a lady from which relationship,\n they have an illegitimate child. At the cost of repetition, it may be noted that\n there is no prayer whatsoever regarding the legitimacy of the child or\n regarding the validity of the marriage between her mother and the man with\n whom she is stated to be presently married.30. Having dealt with the statutory provisions, I may now proceed to deal\n with the other contentions of the parties. The primary plea of the petitioner,\n as noted hereinabove is that the respondent has not been able to establish a\n prima facie case of the petitioner indulging in acts of adultery and the\n documents sought by her would not at all be relevant to prove her baseless\n allegations of cruelty and adultery. The petitioner has also urged that the\n disclosure of this information would amount to infringement of not only his\n right to privacy but also that of his friend and her minor daughter who are\n not connected with the lis in any manner. On the other hand, the plea of the\n\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 21 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n respondent is that the documents being sought by her are crucial for her to\n prove adultery on her husband's part and this information as summoned by\n the learned Family Court, would fall within the ambit ofSection 14of the\n Family Courts Act. It is her case that from the photographs placed on record,\n she has been able to clearly prove a prima facie case against the petitioner\n and if this information was not called for, she may not be able to prove the\n serious charges of adultery against the husband. Furthermore, she was\n seeking information only about her legally wedded husband and not about a\n third party as she had neither sought the details of the room where the lady\n was staying, nor asked for the paternity test of the minor child; her prayer\n being simply for collecting all the details regarding the room where her\n husband was staying between 29.04.2022 to 01.05.2022 at Hotel Fairmont,\n Jaipur. It is her plea that even if this information were to incidentally\n disclose the details of the room where the lady was staying, the respondent's\n right to seek this information about her husband's whereabouts for this\n period could not be curtailed.31. From these rival submissions of the parties, it emerges that two\n primary issues arise for consideration of this Court. The first being as to\n whether the respondent has been able to make out a prima facie case and the\n information sought by her can be said to be relevant for determining the lis\n between the parties. The second question which needs to be answered is as\n to whether the information sought by the respondent would amount to\n infringement of the right to privacy of the petitioner or of his lady friend or\n that of the minor child and in the event the answer to this question is in the\n affirmative, whether this right must give way to the respondent's right to fair\n\n\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 22 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n trial by seeking to procure evidence which would fall within the ambit ofSection 14of the Family Courts Act.32. Having noted the two issues which arise for my consideration, I may\n begin by dealing with the first issue. The petitioner has vehemently urged\n that the respondent has not been able to make out a prima facie case against\n him and the information sought by her is not at all relevant for proving the\n charge of adultery. I am, however, unable to agree. It is an admitted position\n that the respondent has not only placed a number of photographs showing\n the petitioner in close proximity with his lady friend but has also provided\n the details of the room and the dates on which according to her, her legally\n wedded husband was staying with the lady. Even though, learned counsel\n for the petitioner is right in urging by relying on Jayantibhai Shravanbhai\n Rajput (supra) and Veeraman (supra) that the photographs produced by the\n respondent where the petitioner is seen sitting in public area with his friend,\n do not by themselves establish adultery, it cannot be said that they do not\n even point towards a prima facie case. Furthermore, what needs to be noted\n that the petitioner has taken contradictory stands regarding the presence of\n his lady friend in the hotel. While in his written statement he has stated that\n he was on an official trip to Jaipur, along with his female colleague and\n therefore, two rooms were booked for them in Hotel Fairmont, in response\n to the application he has claimed that he met the lady friend by chance in the\n hotel as she was also co-incidentally staying there. The respondent is the\n estranged wife of the petitioner who obviously does not has any direct\n evidence of her husband indulging in acts of adultery. By resort toSection\n 14of the Family Courts Act, she is, only trying to seek production of\n evidence which she reasonably believes will prove her charge of adultery\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 23 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n which by its very nature can be inferred only from circumstances. In this\n regard, reference may be made to the observations of the Coordinate Bench\n of this Court in Linda Constance Edwards (supra)which reads as under:-"20. It is said that the adultery is committed in darkness and\n secrecy and, therefore, it is difficult to provide a direct proof.\n Rather eyewitness account or photographic account of\n evidence of intercourse is taken as offending. A celebrated\n jurist Raydon in Raydon on Divorce observes that a direct\n evidence is rather apt to be disbelieved as it smacks of\n manipulation. It is rare that the parties are surprised in direct\n act of adultery. In the opinion of Sir William Scott in Lovedon\n v. Lovedon, 2 Hagg Con, 1810 Australian Family Law 455),\n "the only general rule that can be laid down upon the subject\n is that the circumstances must be such as would lead the\n guarded discretion of a reasonable and just man to the\n conclusion, for it is not to lead a harsh and intemperate\n judgment, moving upon appearances that are equally capable\n of two interpretations, neither is it to be a matter of artificial\n reasoning, judging upon such things differently from what\n would strike the careful and cautious consideration of a\n discreet man."21. Thus the adultery is to be inferred from circumstances\n which must indicate inclination, guilty intention and\n opportunity to commit adultery. Bed room evidence is one of\n such strong circumstances as way back in 1909 inKerr v.\n Kerr, 114 App. Div. 1421, it was observed that where man\n and a woman who are not husband and wife have bed room\n privacy, there is strong inference of adultery as they do not\n sing prayers there"33. There can therefore be no gainsaying that direct evidence of adultery\n can rarely be available. I am therefore of the considered opinion that the\n respondent has not only been able to make out a prima facie case against the\n petitioner but also that the information which she is seeking would definitely\n be relevant for proving the charge of adultery which she has levelled against\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 24 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n her husband. The payment and reservations details along with the ID proofs\n of the occupants of the room will surely throw light on this crucial issue as\n to whether the petitioner was indeed staying with a lady other than his wife\n in the same room. Similarly, the call details will surely be indicative of the\n fact as to whether the conversations of the petitioner with the lady were of\n such duration and frequency as is not expected between colleagues. The\n respondent is seeking to prove the charge of adultery against the petitioner\n and therefore, it cannot be said that this information would not be relevant.\n In A.L.Kanan (supra), on which heavy reliance has been placed by the\n petitioner, the Court was dealing with a situation where adultery was not\n even a ground for divorce and therefore, the said decision is not applicable\n to the facts of the present case, where adultery is a specific ground urged by\n the respondent. On the other hand, the decision of the Andhra Pradesh High\n Court in K Srinivas Rao (supra) relied upon by the respondent deals with a\n similar situation wherein the High Court allowed a similar application under\n Order XVI, CPC, preferred by the husband for production of records from\n the hotels where he had claimed his wife was staying with her paramour.\n The relevant extract of the said decision reads as under:Further, when the petitioner-husband specifically sought divorce on\n the ground of adultery, the subject documents may be crucial to\n establish the alleged adulterous relationship between the first\n respondent-wife and the second respondent. Though photocopies\n seem to have been procured by the petitioner husband of some of\n the incriminating documents, the original record summoned from\n the hotels concerned would be important primary evidence.\n Therefore, the learned Family Court Judge ought not to have\n brushed aside the plea of the petitioner-husband for summoning of\n these documents despite his power to do so under Order 16 Rule 6\n CPC.Signature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 25 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n The orders under revision are accordingly set aside and the civil\n revision petitions are allowed. The learned Judge, Family Court,\n Ranga Reddy District at L.B.Nagar, shall issue summons to the\n management of both the hotels concerned for production of the\n documents sought by the petitioner-husband and thereafter proceed\n in the matter in accordance with law.34. At this stage, I may also refer to the decisions in Vishal Vashisht\n (supra) and Harpreet Singh (supra) relied upon by the petitioner to contend\n that it is not permissible for a party to lean on the Court to collect evidence\n as it is for the party to prove his/her case by leading cogent evidence. There\n can be no quarrel with the well settled principle that generally it is for the\n party approaching the Court to lead evidence in support of its case but what\n needs to be appreciated is that when the Court is dealing with this special\n law relating to family matters,Section 14of the Family Courts Act is carved\n in a slightly different manner giving very wide powers to the Family Court\n in matters of receiving evidence. It is therefore, open for the Family Court to\n receive any evidence which may assist the Court to effectively deal with the\n dispute irrespective of whether the said evidence is relevant or admissible\n under theIndian Evidence Act. As held in Deepti Kapur (supra), the\n proceedings before a Family Court stand on a different footing from the\n proceedings before a regular Civil Court where the provisions of theIndian\n Evidence Actare fully applicable. In the present case, once the learned\n Family Court was satisfied that the respondent had been able to make out a\n prima facie case, it was justified in directing the production of the records\n sought by her which will definitely assist the Court in coming to a correct\n conclusion as to whether the petitioner, as alleged by the respondent, had\n\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 26 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n indulged in adultery. I am, therefore, of the view that the decisions in Vishal\n Vashisht (supra)and Harpreet Singh(supra), relied upon by the petitioner\n are not applicable to the facts of the present case.35. I have also considered the petitioner's plea that the direction to\n produce the records sought by the respondent would amount to roving and\n fishing inquiry by the Court but do not find any merit in the same. At the\n cost of repetition, I may observe that it is not as if the respondent is seeking\n information about any stranger staying in the hotel, her plea is only for\n records pertaining to her legally wedded husband, who she has a reason to\n believe is indulging in adultery with a particular lady in a particular room.\n The respondent has sought details of her husband's stay in a particular hotel\n during a specific time period and not of his friend or the friend's daughter.\n Similarly she has also sought the call details of her husband alone, whose\n phone numbers she has provided. Once the respondent is seeking specific\n information regarding her husband's stay during a specific period at a\n specific hotel, it cannot be said that the respondent is indulging in any\n roving and fishing inquiry. None of the respondent's prayers, therefore,\n seek any information about any stranger or about any vague incident or\n period. The decision in Sharda (supra) relied upon by the petitioner is,\n therefore, not applicable to the facts of the case.36. Now coming to the petitioner's plea that the divulgence of this\n information to the respondent, even though, initially being sought in a sealed\n cover would be violative of his right to privacy or the right of his lady friend\n or that of her minor child. While Ms. Singh is correct in urging that even a\n legally wedded wife may not have a fundamental right to know every minor\n detail about her husband or to seek information as to with whom he talks on\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 27 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n his mobile phone and therefore the production of information as directed\n under the impugned order may amount to infringement of privacy of the\n petitioner husband, what cannot be ignored is that the respondent is the\n legally wedded wife who has a reasonable apprehension that her husband is\n indulging in adultery for which she has filed a petition seeking divorce\n underSection 13(1)(i)of the Hindu Marriage Act. She has pleaded before\n the learned Family Court that she has no other means to prove except by\n securing information from the hotel and the mobile agencies, which plea has\n been accepted by the learned Family Court. Can it be said that the learned\n Family Court, in the light of the documents already placed on record, was\n unjustified in coming to her aid, is the question which needs to be answered\n by this Court. As held in Linda Constance Edwards (supra) rarely would\n there be direct evidence of adultery. I am therefore of the considered view\n that when in a case like the present, when a wife seeks the help of the Court\n for procuring evidence which would go a long way to prove adultery on the\n part of her husband, the Court must step in; this would be in consonance\n withSection 14of the Family Courts Act which gives a leeway to the Court\n to consider evidence which may be not admissible or relevant under theIndian Evidence Act.37. What therefore needs to be determined is as to whether, in the facts of\n the present case, the right of privacy claimed by the petitioner/husband\n should be permitted to prevail over the right of the respondent/wife to seek\n redressal under the provisions of theHindu Marriage Act. Notably, the\n petitioner, who is harping on his right to privacy, as on date, continues to be\n in a subsisting marital relationship with the respondent, having a grown-up\n daughter out of the said wedlock. As held by the Constitution Bench in K.S.Signature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 28 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n Puttuswamy vs. Union of India, (2017) 10 SCC 1 the right to privacy,\n though a constitutionally protected right, is not an absolute right. This right\n of privacy underArticle 21of the Constitution of India, has to be necessarily\n subject to reasonable restrictions especially when the restrictions are in\n public interest.The Hindu Marriage Actspecifically recognises adultery as a\n ground for divorce and therefore, it would not at all be in public interest that\n the Court should on the ground of right to privacy, come to the aid of a\n married man who, during the subsistence of his marriage, is alleged to have\n indulged in sexual relationships outside his marriage. In this regard,\n reference may be made to the observations of the Coordinate Bench in\n paragraph nos.22 to 24 of its decision in Deepti Kapur (supra). The same\n read as under:-22. It is crucial to note however, that at the time that the\n decisions inM.P. Sharma v. Satish Chandraand\n subsequently in Pooran Mal (supra) were rendered, privacy\n was not recognised as a fundamental right under the\n Constitution, as indeed no such right had been expressly\n enunciated by our Founding Fathers. Today however, in\n Puttaswamy (supra), our Supreme Court has recognised\n privacy as a fundamental right, while qualifying it to say\n that the right to privacy is not absolute but is subject to\n exceptions, limitations and contours; and must be placed in\n the context of other rights and values. However, even at the\n time of M.P.Sharma (supra) and Pooran Mal (supra),\n Articles 14, 19(1)(f), 19(1)(g), 20(3) and 31, under which\n these cases arose, were very much in Part-Ill of the\n Constitution dealing with fundamental rights; and yet the\n Supreme Court opined that merely because a search or\n seizure was illegally conducted and may amount to breach\n of a fundamental right, that would not make the search or\n seizure invalid in law. Applying the same principle, this\n court is of the view that although today, privacy is\n\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 29 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n recognised as a fundamental right, that alone would not\n make evidence collected in breach of that right,\n inadmissible. Muchless would it negate the specific\n statutory dispensation contained insection 14of the Family\n Courts Act, which says that evidence would be admissible,\n whether or not the same is otherwise relevant or admissible\n under theEvidence Act.23. While a litigating party certainly has a right to privacy,\n that right must yield to the right of an opposing party to\n bring evidence it considers relevant to court, to prove its\n case. It is a critical part of the hallowed concept of fair trial\n that a litigating party gets a fair chance to bring relevant\n evidence before court. It is important to appreciate that\n while the right to privacy is essentially a personal right, the\n right to a fair trial has wider ramifications and impacts\n public justice, which is a larger cause. The cause of public\n justice would suffer if the opportunity of fair trial is denied\n by shutting-out evidence that a litigating party may wish to\n lead at the very threshold.24. Since no fundamental right under our Constitution is\n absolute, in the event of conflict between two fundamental\n rights, as in this case, a contest between the right to privacy\n and the right to fair trial, both of which arise under the\n expansiveArticle 21, the right to privacy may have to yield\n to the right to fair trial. Reference in this regard may be\n made to the observations of a 5-Judge Constitution Bench\n decision of our Supreme Court inSahara India Real Estate\n Corporation Limited v. Securities and Exchange Board of\n India25, where the court observes thus:"..... It must not be forgotten that no single value, no\n matter exalted, can bear the full burden of upholding a\n democratic system of government. Underlying our\n constitutional system are a number of important values,\n all of which help to guarantee our liberties, but in ways\n which sometimes conflict. Under of Constitution,\n probably, no values are absolute. All important values,\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 30 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n therefore, must be qualified and balanced against other\n important, and often competing, values. This process of\n definition, qualification and balancing is as much\n required with respect to the value of freedom of\n expression as it is for other values. Consequently, free\n speech, in appropriate cases, has got to correlate with\n fair trial. It also follows that in an appropriate case one\n right (say freedom of expression) may have to yield to\n the other right like right to a fair trial. Further, even\n Articles 14 and 21 are subject to the test of\n reasonableness after the judgement of this Court inManeka Gandhi v. Union of India."38. At this stage, it would be useful to also refer to the decision in Joseph\n Shine (supra) wherein the Constitution Bench emphasised that the freedom\n to have a consensual sexual relationship outside marriage by a married\n person does not warrant protection underArticle 21of the Constitution of\n India. The relevant observations of the Apex Court as contained in\n paragraph no.278 of the said decision read as under:-"278. The petitioners have contended that the right to privacy\n underArticle 21would include the right of two adults to enter\n into a sexual relationship outside marriage. The right to\n privacy and personal liberty is, however, not an absolute one;\n it is subject to reasonable restrictions when legitimate public\n interest is involved. It is true that the boundaries of personal\n liberty are difficult to be identified in black and white;\n however, such liberty must accommodate public interest. The\n freedom to have a consensual sexual relationship outside\n marriage by a married person, does not warrant protection\n underArticle 21."39. From the aforesaid, it is evident that it has been repeatedly held by the\n Apex Court that the right to privacy, as enshrined underArticle 21, is not an\n absolute right. In the present case, the Court has on the one side, a husband\n\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 31 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n who is taking contradictory stands in his pleadings and has, for the reasons\n best known to him, not come forward to voluntarily disclose the details\n about the occupants of Room no.219 in Hotel Fairmont, where his legally\n wedded wife has reason to believe that he was staying with a lady friend. On\n the other hand, is the wife who is already before the Court seeking divorce\n on the ground of adultery and cruelty against her husband pleading that\n unless the information as directed by the learned Family Court is brought on\n record, she may not be able to prove adultery on the part of her husband.\n This Court, therefore, has to necessarily strike a balance between these two\n conflicting rights. Should the Court discard the respondent's plea as being\n those of a suspicious wife and accept the petitioner's plea of his right to\n privacy, is what needs to be determined.40. In this regard, I may refer to the decision in Hospital Z (supra)\n wherein the Apex Court while dealing with a conflict between fundamental\n rights of two parties, the right to privacy of one and the right to healthy life\n of the other, held as under:-"44. Ms „Y‟, with whom the marriage of the appellant was\n settled, was saved in time by the disclosure of the vital\n information that the appellant was HIV(+). The disease\n which is communicable would have been positively\n communicated to her immediately on the consummation of\n marriage. As a human being, Ms „Y‟ must also enjoy, as she\n obviously is entitled to, all the Human Rights available to any\n other human being. This is apart from, and in addition to, the\n Fundamental Right available to her underArticle 21, which,\n as we have seen, guarantees "right to life" to every citizen of\n this country. This right would positively include the right to\n be told that a person, with whom she was proposed to be\n married, was the victim of a deadly disease, which was\n sexually communicable. Since "right to life" includes right to\n\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 32 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n lead a healthy life so as to enjoy all the faculties of the human\n body in their prime condition, the respondents, by their\n disclosure that the appellant was HIV(+), cannot be said to\n have, in any way, either violated the rule of confidentiality or\n the right of privacy. Moreover, where there is a clash of two\n Fundamental Rights, as in the instant case, namely, the\n appellant's right to privacy as part of right to life and Ms „Y‟s\n right to lead a healthy life which is her Fundamental Right\n underArticle 21, the right which would advance the public\n morality or public interest, would alone be enforced through\n the process of court, for the reason that moral considerations\n cannot be kept at bay and the Judges are not expected to sit\n as mute structures of clay in the hall known as the courtroom,\n but have to be sensitive, "in the sense that they must keep\n their fingers firmly upon the pulse of the accepted morality of\n the day". (See: Allen: Legal Duties)"41. Having given my thoughtful consideration as to whose right should\n prevail in the facts of the present case, I am inclined to accept the\n respondent's plea. The petitioner's claim is based solely on the right to\n privacy which, as held in K.S. Puttuswamy (supra) and Joseph Shine\n (supra) is not an absolute right; on the other hand, the respondent's prayer is\n based not only on morality but also on specific rights granted under theHindu Marriage Actand theFamily Courts Act. I, therefore, have no\n hesitation in holding that the respondent's right must prevail and therefore,\n find no reason to interfere with the impugned orders. The learned Family\n Court by way of the impugned orders has sought records which pertain only\n to the respondent's husband and not to his friend or her daughter. There is,\n therefore, no question of their right of privacy being violated in any manner.42. Before I conclude, I may also refer to the decisions in Surjit Singh\n (supra) and Vishwas Shetty (supra) but find that the same are not applicable\n\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 33 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n to the facts of the present case. In Surjit Singh (supra), the Punjab and\n Haryana High Court, after noting that the virginity of wife was not in issue\n in the matter, declined to interfere with the Family Court's order rejecting\n the husband's prayer to get his wife medically examined to prove her\n virginity by holding that this would amount to holding a roving inquiry. In\n the present case, the respondent has not only raised a specific plea of\n adultery against the petitioner but even otherwise, she has sought only\n specific information regarding the details of the room where her husband\n was staying during a specific period as also his call records alone. The\n decision in Surjit Singh (supra) would therefore not be applicable to the\n facts of the present case. In Vishwas Shetty (supra), the Court was dealing\n with the husband's prayer seeking call details not only of his wife but also of\n her alleged paramour. The Court rejected the prayer seeking call details of\n the wife's paramour by holding that the same would amount to infringing\n his right to privacy. In the present case, the respondent has admittedly not\n sought any details regarding the petitioner's friend or her daughter and\n therefore this decision would also not forward the case of the petitioner in\n any manner.43. I have also considered the decision in Sangeeta (supra), relied upon\n by the petitioner and find that the same would also not be applicable to the\n present case. In Sangeeta (supra), the Bombay High Court was dealing with\n a standard of proof required to establish the charge of adultery. The\n impugned orders passed by the learned Family Court only pertain to the\n production of records and do not in any manner deal with the question as to\n whether the said record would in itself be sufficient to prove the charge of\n adultery against the petitioner. In the present case, the stage to determine the\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 34 of 35Signing Date:10.05.2023\n15:46:39\n Neutral Citation No. 2023:DHC:3197\n\n\n\n\n sufficiency of evidence is yet to arrive. The decision in Sangeeta (supra) is\n therefore clearly distinguishable.44. For the aforesaid reasons, I find no merit in the petition which is,\n accordingly, dismissed with all pending applications. Consequently, all\n interim orders stand vacated.(REKHA PALLI)\n JUDGE\n\n MAY 10, 2023\n Acm/kk\n\n\n\n\nSignature Not Verified\nDigitally Signed\nBy:GARIMA MADANCM(M) 64 of 2023 Page 35 of 35Signing Date:10.05.2023\n15:46:39 |
56978c65-1d77-5988-bfeb-29fadd6b38d1 | court_cases | Telangana High CourtJambula Ganesh Reddy vs Jambula Anjan Reddy on 27 November, 2020Author:M.S.Ramachandra RaoBench:M.S.Ramachandra RaoTHE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO\n\n AND\n\n THE HONOURABLE SRI JUSTICE T. AMARNATH GOUD\n\n\n\n Civil Miscellaneous Appeal Nos.342 and 343 of 2020\n\n\nCOMMON JUDGMENT:Since these two appeals arise between the same parties out of\n\nthe same suit, they are being disposed off by this common order.2. These Civil Miscellaneous Appeals are preferred against\n\nthe separate orders and decrees dt.06.02.2018 passed in Interlocutory\n\nApplication No.904 of 2018 in O.S.No.1008 of 2018 and\n\nInterlocutory Application No.903 of 2018 in O.S.No.1008 of 2018 on\n\nthe file of XIV Additional District Judge, Ranga Reddy District, at\n\nL.B. Nagar.3. The appellant herein is plaintiff in the above suit.\n\n\nThe case of the appellant/plaintiff4. The appellant/plaintiff filed the said suit against respondents to:(i) declare a registered Sale Deed dt.04.06.1988 executed by husband\n\nof 2nd defendant - Yadagiri Reddy and 3rd defendant in favour of\n\nrespondent nos.4 and 5 in respect of land admeasuring Acs.7.39 gts.which is part and parcel of the suit Schedule property, as not binding\n\non him to the extent of his 1/4th share; (ii) declare another registered\n ::2:: MSR,J & TA,J\n cma_342&343_2020\n\n\n\n\nSale Deed dt.22.08.1988 executed by 1st respondent in favour of 4th\n\nrespondent in respect of land admeasuring Acs.2.20 gts. which is part\n\nand parcel of the suit Schedule property, as not binding on the\n\nplaintiff to the extent of his 1/4th share; and (iii) to declare the\n\nregistered General Power of Attorney dt.20.12.2006 executed by 5th\n\nrespondent in favour of 4th respondent and two registered Sale Deeds\n\ndt.08.01.2007 bearing Document Nos.477 and 478 of 2007 executed\n\nby respondent nos.4 and 6 to 9 in favour of respondent nos.10 to 12 in\n\nrespect of the suit schedule property, as null and void and not binding\n\non him.5. The case of appellant is that he is one of the sons of late Kashi\n\nReddy; that respondent nos.1, 3 and one Yadagiri Reddy are his\n\nbrothers; that Yadagiri Reddy died, and the 2nd respondent is the\n\nwidow of the said Yadagiri Reddy.6. It is the contention of appellant that the suit schedule property is\n\na portion of the larger extent of Acs.33.37 gts. in Survey Nos.38, 39,\n\n49 and 50 of Dasarapally Village which was owned by his father and\n\nhis father's two brothers; that the plaint Schedule property is an extent\n\nof Acs.10.18 gts.; that Kashi Reddy died in the year 1980 leaving\n\nbehind Acs.15.18 gts. which fell to his share; that Acs.5.00 gts. in\n\nSurvey No.50 out of this extent was sold under a registered Sale Deed\n\ndt.24.11.1982 by the appellant's mother, the appellant and his 3\n\nbrothers under a registered Sale Deed dt.24.11.1982, and the\n\nremaining land left was Acs.10.18 gts. in which the appellant has joint\n ::3:: MSR,J & TA,J\n cma_342&343_2020\n\n\n\n\nownership and possession; and that the remaining land was not\n\ndivided by metes and bounds between appellant and his brothers.7. It is contended by the appellant that in February, 2018, the\n\nappellant came to know that respondent nos.11 and 12 claiming to be\n\npartners of 10th respondent-Firm and purchasers of the suit Schedule\n\nproperty from respondent nos.4 to 9 started interfering with the joint\n\npossession and enjoyment of the appellant over the suit Schedule\n\nproperty; that he was informed by respondents about the above\n\nreferred Ex.P.4 - General Power of Attorney dt.08.12.2006 and Sale\n\nDeeds Exs.P.5 and P.6 dt.08.12.2007, executed by 4th respondent\n\nalong with respondent nos.6 to 9 in favour of respondent nos.10 to 12.8. He contended that these Sale Deeds Exs.P.5 and P.6 indicated\n\nthat the 3rd respondent executed Ex.P.2 Sale Deed dt. 4.6.1988 for\n\nAcs.7.39 gts. in favour of respondent nos.4 and 5, and the 1st\n\nrespondent executed Ex.P.3 Sale Deed dt.22.08.1988 for an extent of\n\nAcs.2.20 gts. in favour of 4th respondent; and that these Sale Deeds\n\nare not binding on appellant and he is deemed to be in joint possession\n\nand enjoyment thereof.9. The appellant further contended that respondent nos.1, 3 and\n\nLate Yadagiri Reddy had no exclusive right to deal with the suit\n\nSchedule property; that respondent nos.10 to 12 have grabbed the\n\nentire suit schedule property in June, 2018 under the guise of Exs.P.5\n\nand P.6 Sale Deeds dt.8.1.2007 even though the appellant had 1/4th\n ::4:: MSR,J & TA,J\n cma_342&343_2020\n\n\n\n\nundivided share therein; that the said respondents even got mutated\n\ntheir names in the Revenue Records without notice to appellant; and\n\nthat respondent nos.10 to 12 were trying to alienate the property by\n\nobtaining a lay-out.Interlocutory Application Nos.903 of 2018 and 904 of 201810. Making these averments, the appellant / plaintiff filed\n\nI.A.No.903 of 2018 under Order XXXIX Rules 1 and 2 of Civil\n\nProcedure Code, 1908 restraining the respondents 11 to 13 from\n\nalienating, transferring or conveying title of the suit Schedule\n\nproperty; and I.A.No. 904 of 2018 under Order XXXIX Rules 1 and 2\n\nof Civil Procedure Code, 1908 restraining the respondents 11 to 13\n\nfrom changing or altering the nature of the suit Schedule property.\n\n\nThe stand of the respondent nos. 10-1211. The 11th respondent filed counter-affidavit on his behalf and\n\nalso on behalf of respondent nos.10 and 12 opposing grant of any\n\nrelief to appellant in I.A. Nos.903 of 2018 and 904 of 2018.12. The 11th respondent contended that there was no joint\n\nownership and possession of appellant, and respondent nos.1 and 3\n\nand Late Yadagiri Reddy; that purchasers under Exs.P.2 and P.3 have\n\nbeen in exclusive possession of the suit schedule property ever since\n\ntheir purchase on 04.06.1988 and 22.08.1988; and respondent nos.11\n\nand 12, representing 10th respondent, had purchased the same from\n\nrespondent nos.4 to 9 under Exs.P.5 and P.6 registered Sale Deeds\n ::5:: MSR,J & TA,J\n cma_342&343_2020\n\n\n\n\ndt.8.1.2007 on the basis of Ex.P.4 - General Power of Attorney\n\ndt.8.12.2006; and that the said purchase is valid in law.13. According to them, after the execution of Exs.P.2 and P.3 -\n\nSale Deeds and after the death of Laxmamma, mother of appellant,\n\nthere was a partition between appellant and his brothers' families, and\n\nthe appellant was allotted more land in lieu of lands sold by\n\nrespondent nos.1 to 3 amount to Acs.27.25 gts. According to them, the\n\n1st respondent got Acs.22.37 gts., Late Yadagiri Reddy's family got\n\nAcs.16.17 gts., and 3rd respondent got Acs.18.5 gts.14. They contended that basing on this partition, the appellant and\n\nrespondent nos.1, 3 and Late Yadagiri Reddy approached the Revenue\n\nAuthorities, and the Recording Authority accordingly passed orders\n\non 26.03.1992 (Ex.R-1 to R-4) for mutation of their names in the\n\nRevenue Records; and the appellant, with oblique motive and seeing\n\nthe development of suit Schedule property by respondent nos.10 to 12,\n\nwith an evil intention to extract money from them, filed the above\n\nsuits.15. They alleged that Sale Deed Exs.P.2 and P.3 executed by\n\nbrothers of appellant in 1988 had never been questioned and\n\nchallenged by appellant; that the appellant had knowledge of Exs.P.2\n\nand P.3 Sale Deeds being executed in favour of respondent nos.4 and\n\n5 in 1988 itself, and so the appellant's suit is barred by limitation and\n\nis misconceived.::6:: MSR,J & TA,J\n cma_342&343_2020\n\n\n\n\nThe orders of the Court below16. Before the Court below, the appellant marked Exs.P.1 to P.12,\n\nwhile respondent nos.10 to 12 marked Exs.R.1 to R.10.17. By separate orders dt.06.02.2020, both the I.A.s were dismissed\n\nby the Court below.18. The Court below, while noting that 4th respondent is the elder\n\nbrother of 5th respondent and respondent nos.6 to 9 are family\n\nmembers of respondent nos.4 and 5, held that Kashi Reddy died in the\n\nyear 1980 and thereafter Ex.R.5 - Sale Deed was executed by\n\nLaxmamma and her four sons including appellant for Acs.5.00 of land\n\n(Exs.R.5 dt.24.11.1982); that after that sale deed was executed\n\nLaxmamma also died, and Yadagiri Reedy, the husband of 2nd\n\nrespondent, also died.19. It then referred to the contention of appellant about the\n\nappellant noticing in 2nd week of February, 2018 the activities of\n\ndefendant nos.10 to 12 and his plea that they grabbed the suit\n\nSchedule property in June, 2018, and held that respondent nos.4 and 5\n\nhad acquired title to Acs.2.20 gts. in Acs.7.39 gts. under Ex.P.3 - Sale\n\nDeed dt.04.06.1988 and Ex.P.2 - Sale Deed dt.22.08.1988; and that\n\nthe 5th respondent executed Ex.P.4 - General Power of Attorney on\n\n08.12.2006 in favour of 4th respondent.20. The Court below then went on to hold that the appellant was\n\nalso resident of the same Dasarapally Village where the suit schedule\n ::7:: MSR,J & TA,J\n cma_342&343_2020\n\n\n\n\nproperty was also located, and it is unbelievable for him to say that for\n\nthe first time he came to know about the execution of Exs.P.2 and P.3- Sale Deeds in 1988 and other subsequent Sale Deeds which are\n\nregistered documents in the 2nd week of February, 2018.21. It held that Exs.R.1 to R.4 - Mutation Proceedings, relied upon\n\nby respondent nos.10 to 12 pointed out that mutation proceedings\n\nissued to the family members of Late Kashi Reddy including the\n\nappellant and his three sons, and in the said proceedings, except the\n\nsuit Schedule land, all other lands were covered.22. It concluded therefore that there was a partition between the\n\nbrothers of appellant and the appellant; that appellant cannot be said\n\nto be ignorant of the occupation of suit Schedule property purchased\n\nunder Exs.P.5 and P.6 - registered Sale Deeds; and that the appellant\n\nwas feigning ignoring of these facts until the recent past.23. It therefore held that the appellant did not approach the Court\n\nwith clean hands and was not entitled to equitable relief of injunction.\n\n\nThe present Appeals24. Assailing the same, the present Civil Miscellaneous Appeals are\n\nfiled.25. It is the contention of Sri Koppula Gopal, counsel for appellant\n\nthat the order passed by the Court below is erroneous; that the Court\n\nbelow erred in disbelieving the plea of appellant that he had a 1/4th\n ::8:: MSR,J & TA,J\n cma_342&343_2020\n\n\n\n\nshare in the suit Schedule property; that respondent nos.1 and 3 and\n\nthe husband of 2nd respondent could not have alienated the suit\n\nschedule properties by excluding the appellant; that the said\n\ntransactions under Exs.P.2 and P.3 do not bind the appellant and he is\n\nentitled to ignore them; and that the Court below erred in holding that\n\nappellant did not approach it with clean hands.26. Sri Srinivas Velagapudi, counsel appearing for respondent\n\nnos.10 to 12, refuted the said contentions and supported the order\n\npassed by the Court below. He also pointed out that the transactions\n\nunder Exs.P.2 to P.6 are registered transactions, and as per\n\nExplanation No.1 toSection 3of the Indian Registration Act,1908\n\nregistration of a document is constructive notice and the appellant\n\ncannot plead ignorance of the transactions which took place in 1988.27. He relied upon the decisions in Hyderabad Co-operative\n\nUrban Bank Limited, Hyderabad represented by its Person In-\n\nCharge, Manoj Kumar and another vs. Andhra Pradesh Co-\n\noperative Tribunal, Hyderabad, represented by Chairman and\n\nothers1,Bina Murlidhar Hemdev vs. Kanhaiyalal Lokram\n\nHemdev2, Janardhanam Prasad vs. Ramdev3, and Sakuntalamma\n\nv. K.V. Govindaswamy and others4.1(2017) 6 A.L.T. 1992(1999) 5 S.C.C. 2223(2007) 15 S.C.C. 17442015 (4) A.L.T. 696\n ::9:: MSR,J & TA,J\n cma_342&343_202028. We may point out that the suit Schedule lands are located in\n\nDasarapally Village and the appellant admittedly resides in the same\n\nvillage.29. Ex.P.2 - registered Sale Deed dt.04.06.1988 was executed by\n\nYadagiri Reddy, the husband of 2nd respondent and 3rd respondent\n\ntogether in favour of respondent nos.4 and 5 in respect of\n\nAcs.7.39 gts in Sy.No.38,39,49 and 50 of Dasarlapally village.30. Likewise, Ex.P.3 - registered Sale Deed dt.22.08.1988 was\n\nexecuted by 1st respondent in favour of 4th respondent in respect of\n\nAcs.2.20 gts. in Sy.No.38 of Dasarlapally village.31. Respondent nos.4 to 9 executed Ex.P.5 - registered Sale Deed\n\non 08.01.2007 in favour of 10th respondent; and Ex.P.6 - Sale Deed\n\nalso on 08.01.2007 in favour of 10th respondent; and these two sale\n\ndeeds cover the entire suit Schedule property.32. All these transactions are registered under theRegistration\n\nAct,1908.33. UnderSection 3of the Transfer of Property Act, "a person is\n\ndeemed to have notice" of a fact when "he actually knows that fact or\n\nwhen, but for wilful abstention from an enquiry or search which he\n\nought to have made, or gross negligence, he would have known it".\n\nExplanation I thereto says:"Explanation I.--Where any transaction relating to\n immovable property is required by law to be and has been\n ::10:: MSR,J & TA,J\n cma_342&343_2020\n\n\n\n\n effected by a registered instrument, any person acquiring\n such property or any part of, or share or interest in, such\n property shall be deemed to have notice of such instrument as\n from the date of registration...." ( emphasis supplied)34. In Janardhanam Prasad (3 supra), the Supreme Court\n\nadverted to Explanation 1 toSection 3of Transfer of Property Act and\n\nobserved that registration of a document is deemed to be constructive\n\nnotice, and possession would also be constructive notice as per\n\nExplanation 2 toSection 3of the Registration Act.35. This principle has been reiterated inBina Murlidhar Hemdev(2 supra) as under :"40. Now the rectification deed is a registered document. The\n agreement by the Sankhalas with the builder is dated 16-7-1994 and it\n specifically refers to the deed of rectification (dated 18-6-1992). The\n Jains' agreement of sale dated 19-8-1994 with the builder no doubt\n omits to refer to the rectification deed and says that there are only\n some "claims" of the Lokrams. But the Sankhalas were obviously\n more truthful. Now if the agreement of the Sankhalas had put the\n builder on notice of the rectification deed specifically, as stated\n earlier, it is prima facie clear that the builder had actual notice and\n was obliged to enquire into its details. Thus there is actual notice.\n There is also constructive notice inasmuch as the rectification deed is\n a registered deed andSection 3of the Transfer of Property Act comes\n into play.41. ...42. Inasmuch as the rectification deed is a registered deed, it is\n deemed to be notice to the builder in view ofSection 3of the Transfer\n of Property Act." (emphasis supplied)\n ::11:: MSR,J & TA,J\n cma_342&343_202036. I had also taken a similar view in Hyderabad Co-operative\n\nUrban Bank Limited (1 supra).37. In Sakuntalamma (4 supra), I have followed the decisions in\n\nJanardhanam Prasad (3 supra) and Hyderabad Co-operative\n\nUrban Bank Limited (1) supra, and held that when there is a\n\nregistered deed there is constructive notice of it as per Explanation 1\n\ntoSection 3of the Registration Act, 1908.38. This legal position is not disputed by the counsel for appellant.39. The counsel for appellant however sought to rely onArticle 110of theLimitation Actwhich states the limitation period is 12 years for\n\na plaintiff to file a suit when he is excluded from joint family property\n\nand when who intends to enforce his right to a share therein.40. The applicability of the said provision would, no doubt, have to\n\nbe considered in the suit.41. But, in our opinion, it may not even apply prima facie, having\n\nregard to Exs.R.1 to R.4, which indicate that there was already a\n\npartition among the appellant and his brothers by 1992 itself, after\n\nExs.P.2 and P.3 - Sale Deeds were executed in 1988, and more\n\nproperty appears to have been allotted to appellant probably on\n\naccount of sale of the property under Exs.P.2 and P.3 by respondent\n\nnos.1 to 3.::12:: MSR,J & TA,J\n cma_342&343_202042. Even otherwise, if Exs.P.2 and P.3 - Sale transactions which\n\nwere registered in 1988 are taken into account, since the appellant\n\ncannot be said to be in joint possession as on date of filing of this suit,\n\neven if the 12 year period of limitation mentioned inArticle 110is\n\ntaken into account, the right of appellant to enforce his right in joint\n\nfamily property stood extinguished by the year 2000, when the 12\n\nyear period expired.43. The instant suit had been filed by appellant to enforce his\n\nalleged right in the joint family property in 2018, therefore appears\n\nprima facie to be barred by limitation as well.44. In addition, we also agree with finding of the lower court that\n\nthe appellant must have been aware of all these events having\n\ncontinued to live in Dasarapally Village where the plaint Schedule\n\nproperties are located and would definitely have knowledge about the\n\nsale of the suit Schedule property by his brothers to respondent nos.4\n\nand 5 and also by respondent nos.4 and 1 to respondent nos.10 to 12,\n\nand possession as on date of filing of the suit by the respondent 10,\n\nand that he suppressed the said facts and came to the Court with\n\nunclean hands.45. We therefore find no valid reason to interfere with the order\n\npassed by the Court below refusing to grant temporary injunctions\n\nsought by appellant pending suit, either to restrain respondents 10 to\n\n13 from changing the nature of the suit schedule property or to\n ::13:: MSR,J & TA,J\n cma_342&343_2020\n\n\n\n\nrestrain them from alienating, transferring or conveying the suit\n\nschedule property46. Accordingly, the Civil Miscellaneous Appeals fail and are\n\ndismissed. No order as to costs.47. As a sequel, miscellaneous applications pending if any, in these\n\nAppeals, shall stand closed.__________________________________\n JUSTICE M.S.RAMACHANDRA RAO\n\n\n _____________________________\n JUSTICE T. AMARNATH GOUD\n\nDate: 27.11.2020\nNdr |
d637491d-9668-5f0b-995f-ae332c04c73c | court_cases | Chattisgarh High CourtPurshottam Patwar vs State Of Chhattisgarh And Ors on 16 June, 2021Author:Sanjay K. AgrawalBench:Sanjay K. Agrawal1\n\n AFR\n\n HIGH COURT OF CHHATTISGARH, BILASPUR\n\n Writ Petition (S) No.1142 of 2008\n\n Purshottam Patwar, S/o Shri M.P. Patwar, Aged about 36 years,\n Presently working as Steno/Typist, O/o Secretary, Department of\n Public Health Engineering, Mantralaya, D.K.S. Bhawan, Raipur (C.G.),\n R/o Sector-1, H/19, Kashiram Nagar, Raipur (C.G.)\n ---- Petitioner\n\n Versus\n\n 1. State of Chhattisgarh, Through its Secretary, General Administration\n Department, Mantralaya, D.K.S. Bhawan, Raipur (C.G.)\n\n 2. State of Chhattisgarh, Through its Secretary, Department of Public\n Health Engineering, Mantralaya, D.K.S. Bhawan, Raipur (C.G.)\n\n 3. The State Level Caste Certificate Scrutiny Committee, Chhattisgarh,\n Raipur (C.G.)\n\n 4. The Commissioner, Scheduled Tribe, Scheduled Caste, Other\n Backward Classes & Minority Development Department, Raipur (C.G.)\n\n 5. The Collector, Tribal Welfare, Koriya, District Koriya (C.G.)\n ---- Respondents\n\n AND\n\n Writ Petition (S) No.4971 of 2008\n\n Purshottam Patwar, S/o Shri M.P. Patwar, Aged about 36 years,\n Steno/Typist, Office of Secretary, Department of Public Health\n Engineering, Mantralaya, D.K.S. Bhawan, Raipur (C.G.), R/o Sector-1,\n H/19, Kashiram Nagar, Raipur (C.G.)\n ---- Petitioner\n\n Versus\n\n 1. State of Chhattisgarh, Through its Secretary, General Administration\n Department, Mantralaya, D.K.S. Bhawan, Raipur (C.G.)\n\n 2. State of Chhattisgarh, Through its Secretary, Department of Public\n Health Engineering, Mantralaya, D.K.S. Bhawan, Raipur (C.G.)\n ---- Respondents\n\n------------------------------------------------------------------------------------------------------For Petitioner: Mr. Aman Pandey, Advocate.For Respondents/State: Mr. Animesh Tiwari, Deputy Advocate General.------------------------------------------------------------------------------------------------------Hon'ble Shri Justice Sanjay K. Agrawal\n\n Order On Board216/06/20211. Since common question of law and fact is involved in both the writ\n\n petitions, they were clubbed together and heard together and are\n\n being disposed of by this common order.2. The petitioner was issued caste certificate by the District Coordinator\n\n in Scheduled Tribe (ST) category on 18-1-1993 and thereafter, he was\n\n appointed as Steno-Typist under the ST category on 9-12-1997.\n\n Thereafter, the Caste Scrutiny Committee verified the caste of the\n\n petitioner and on 9-4-2002, after issuing notice to the petitioner held\n\n that the petitioner is Kevat by caste and he does not belong to ST\n\n category and accordingly annulled the caste certificate granted in\n\n favour of the petitioner. Subsequently, on the basis of that order, the\n\n Additional Collector, Distt. Koriya, on 26-10-2004, also cancelled the\n\n caste certificate dated 18-1-1993 issued in favour of the petitioner.\n\n Challenging legality, validity and correctness of the order declaring\n\n him to be non-ST category, the petitioner filed W.P.(S)No.1142/2008\n\n and thereafter, his services have been terminated by order dated 23-\n\n 8-2008 which has been challenged in W.P.(S)No.4971/2008.3. Mr. Aman Pandey, learned counsel appearing for the petitioner in both\n\n the writ petitions, would submit that the caste scrutiny committee did\n\n not grant proper opportunity to the petitioner to adduce oral evidence\n\n in terms of the decision of the Supreme Court in the matter ofKumari\n\n Madhuri Patil and another v. Addl. Commissioner, Tribal Development\n\n and others1 and also the Caste Scrutiny Committee did not consider\n\n the notification of the State Government dated 7-9-1998 in which the\n\n State of M.P. has clearly directed that coercive action should not be\n\n taken against the persons who belong to Majhi caste and caste\n1 (1994) 6 SCC 2413certificate has been issued in their favour.Even the notice issued to\n\n the petitioner by the Caste Scrutiny Committee was not in accordance\n\n with the decision of the Supreme Court inKumari Madhuri Patil(supra) which has been followed by the Supreme Court in the matter\n\n ofState of Maharashtra and others v. Ravi Prakash Babulalsing\n\n Parmarand another2. As such, the impugned order declaring the\n\n petitioner not belonging to ST category and the order dated 26-10-\n\n 2004 cancelling the caste certificate deserve to be set aside and\n\n consequently, the order of termination of the petitioner dated 23-8-\n\n 2008 also deserves to be set aside.4. Mr. Animesh Tiwari, learned State counsel, would submit that the\n\n order of the Caste Scrutiny Committee as well as the order cancelling\n\n the caste certificate, dated 26-10-2004 was questioned by the\n\n petitioner before this Court in W.P.No.4347/2004 and this Court has\n\n dismissed the said petition filed by the petitioner on 16-12-2004\n\n declaring him not belonging to ST category and thus, cancellation of\n\n his caste certificate has been found to be in accordance with law and\n\n therefore the petitioner is bound by that order. As such, these writ\n\n petitions are barred by the principle of res judicata / constructive res\n\n judicata and the petitioner cannot be allowed to raise the point again\n\n which has already been concluded by the earlier decision of this\n\n Court. Accordingly, both the writ petitions deserve to be dismissed on\n\n that ground only.5. I have heard learned counsel for the parties and considered their rival\n\n submissions made herein-above and also went through the records\n\n with utmost circumspection.6. It is not in dispute that the petitioner was issued caste certificate on\n\n2 (2007) 1 SCC 80418-1-1993 that he belongs to ST category and he was appointed on\n\n the post of Steno-Typist under the ST category. The Caste Scrutiny\n\n Committee thereafter declared that the petitioner does not belong to\n\n ST category and further on the basis of the said recommendation of\n\n the committee, on 26-10-2004, his caste certificate has also been\n\n revoked by the competent authority and on the basis of revocation of\n\n caste certificate, his services have also been terminated on 23-8-2008\n\n which has been challenged in W.P.(S)No.4971/2008.7. It is also not in dispute that earlier, the petitioner herein filed a\n\n substantive writ petition namely, W.P.No.4347/2004 before this Court\n\n questioning the order of the Caste Scrutiny Committee / the order of\n\n the Additional Collector dated 26-10-2004 cancelling his caste\n\n certificate on the basis of the order of the Caste Scrutiny Committee.\n\n A copy of the order dated 16-12-2004 passed by this Court in W.P.\n\n No.4347/2004 has been placed on record in both the present writ\n\n petitions {Annexure P-13 at page 53 in W.P.(S)No.1142/2008 and\n\n Annexure P-14 at page 55 in W.P.(S)No.4971/2008}, which states as\n\n under: -"16/12/2004\n\n Shri C.S. Kanoje, Counsel for the petitioner.Smt. Fouzia Mirza, Panel Lawyer for the State.Heard on admission as well as on M.W.P.\n No.4700/2004.\n\n Petitioner in the year 1993 obtained a CasteCertificate from the District Organizer Tribal Welfare,\n Ambikapur wherein his caste was mentioned as "Manzhi".Thereafter, the said certificate on the application of the\n petitioner himself was enquired and in that enquiry show\n cause notice was issued and in reply to that notice, the\n petitioner admitted that in all the records the caste of his\n father has been mentioned as "Kewat" and that is also5correct. He simply advanced that Kewat also includes\n "Manzhi". On the basis of decision of High Power\n Committee, Additional Collector, Dist. Korea, cancelled the\n caste certificate obtained by the petitioner in the year 1993\n vide his order dated 26/10/2004. Petitioner has challenged\n that order.Whether any person belongs to Scheduled Caste or\n Scheduled Tribe that can be determined only in\n accordance with theArticles 341and342of the\n Constitution of India and if any caste has not been included\n therein to be listed as Scheduled Caste or Scheduled\n Tribe, that whatever the arguments may be, cannot be\n accepted as Scheduled Caste or Tribe.Admittedly, when the petitioner himself admits that\n his father has been recorded as "Kewat". In that case,\n prima facie, the caste of the petitioner will be treated as\n "Kewat" and the Commission coming to the conclusion\n neither erred nor the Additional Collector on the basis of\n the report of Commission, cancelling the caste certificate\n vide impugned order violates his jurisdiction or committed\n any error or passed any order causing any miscarriage of\n justice.In my opinion, there is no material to invoke the writ\n jurisdiction, therefore, petition filed by the petitioner is liable\n to be dismissed and is accordingly dismissed summarily.Consequently, M.W.P.No.4700/2004 and I.A.\n No.8799/2004 stand disposed of."8. A careful perusal of the aforesaid order would show that this Court has\n\n clearly held that the order of the Caste Scrutiny Committee declaring\n\n the petitioner not belonging to Scheduled Tribe as well as that of the\n\n competent authority cancelling his caste certificate has been held to\n\n be valid and finding no merit in the writ petition, the writ petition has\n\n been dismissed summarily. It is stated at the Bar that the order\n\n passed in the writ petition has attained finality as it has not been\n\n questioned further by availing further remedy available under the law.\n\n Since the order of the Caste Scrutiny Committee and the order\n\n cancelling the caste certificate of the petitioner, both, have been\n\n affirmed by this Court in a duly constituted proceeding, that will6operate as res judicata for the petitioner in subsequent proceeding\n\n and raising further argument / additional argument is also barred by\n\n the principle of constructive res judicata and accordingly, W.P.(S)\n\n No.1142/2008 deserves to be dismissed on that sole ground alone.W.P.(S)No.4971/20089. It is the contention of the petitioner that merely because he has not\n\n been found to be member belonging to Scheduled Tribe category and\n\n his caste certificate has been cancelled, he could not have been\n\n terminated from service. This submission is no longer available to the\n\n petitioner in view of the authoritative judgment rendered by the\n\n Supreme Court in the matter ofChairman and Managing Director\n\n Food Corporation of India and others v. Jagdish Balaram Bahiraand\n\n others3 in which their Lordships of the Supreme Court have clearly\n\n held that if a person had been appointed to a reserved post on the\n\n basis of caste certificate granted in his or her favour and thereafter the\n\n caste certificate is annulled, as a necessary consequence, his / her\n\n service is liable to be terminated. In paragraph 48 of the report, it has\n\n been observed as under: -"48. The regime postulated in the judgment of this Court\n inMadhuri Patil(supra) took effect from 2-9-1994, which\n was the date of the judgment. Eventually in the State of\n Maharashtra, these directions received legislative\n recognition upon the enactment of theMaharashtra Act23\n of 2001 which came into force in the State on 18-10-2001.However, it is important to notice that even before the State\n Legislature stepped in to confer a statutory form to the\n directions which were issued by this Court inMadhuri Patil(supra) the regime, as it then obtained prior to the\n enactment of the law, also envisaged consequences upon\n a caste or tribe claim being found to be false upon a\n verification by the Scrutiny Committee. The cancellation of\n a certificate would, as a necessary consequence, involve\n the invalidation of the appointment to a post or admission\n\n3 (2017) 8 SCC 6707to an educational institution. Where a candidate had been\n appointed to a reserved post on the basis of the claim that\n he or she was a member of the group for which the\n reservation is intended, the invalidation of the claim to\n belong to that group would, as a necessary consequence,\n render the appointment void ab initio. The rationale for this\n is that a candidate who would otherwise have to compete\n for a post in the general pool of unreserved seats had\n secured appointment in a more restricted competition\n confined to the reserved category and usurped a benefit\n meant for a designated caste, tribe or class. Once it was\n found that the candidate had obtained admission upon a\n false representation to belong to the reserved category, the\n appointment would be vitiated by fraud and would be void\n ab initio. The falsity of the claim lies in a representation\n that the candidate belongs to a category of persons for\n whom the reservation is intended whereas in fact the\n candidate does not so belong. The reason for depriving\n the candidate of the benefit which she or he has obtained\n on the strength of such a claim, is that a person cannot\n retain the fruits of a false claim on the basis of which a\n scarce public resource is obtained. The same principle\n would apply where a candidate secures admission to an\n educational institution on the basis of a false claim to\n belong to a reserved category. A candidate who does so\n causes detriment to a genuine candidate who actually\n belongs to the reserved category who is deprived of the\n seat. For that matter, a detriment is caused to the entire\n class of persons for whom reservations are intended, the\n members of which are excluded as a result of an admission\n granted to an imposter who does not belong to the class.The withdrawal of benefits, either in terms of the revocation\n of employment or the termination of an admission was\n hence a necessary corollary of the invalidation of the claim\n on the basis of which the appointment or admission was\n obtained. The withdrawal of the benefit was not based on\n mens rea or the intent underlying the assertion of a false\n claim. In the case of a criminal prosecution, intent would\n be necessary. On the other hand, the withdrawal of civil\n benefits flowed as a logical result of the invalidation of a\n claim to belong to a group or category for whom the\n reservation is intended. This was the position under the\n regime which prevailed following the decision inMadhuri\n Patil(supra)."10. The aforesaid decision has been followed by the Supreme Court\n\n subsequently in the matter ofChief Regional Officer, Oriental8Insurance Company Limited v. Pradipand another4.11. In the light of the aforesaid decisions of the Supreme Court, the\n\n argument that the petitioner's services could not have been terminated\n\n on the basis of annulling of caste certificate, deserves to be rejected.12. As a fallout and consequence of the aforesaid discussion, both the\n\n writ petitions deserve to be and are accordingly dismissed, leaving the\n\n parties to bear their own cost(s).Sd/-(Sanjay K. Agrawal)\n Judge\nSoma\n\n\n\n\n 4 (2020) 11 SCC 144 |
c4fe44a5-6971-5619-b8d6-c4d0615fe637 | court_cases | Calcutta High Court (Appellete Side)And Rural Development Bank Ltd vs The State Of West Bengal & Anr on 25 September, 2023Form No.J(2)\n\n\n IN THE HIGH COURT AT CALCUTTA\n CONSTITUTIONAL WRIT JURISDICTION\n APPELLATE SIDE\nPresent:\n\nThe Hon'ble Justice Raja Basu Chowdhury\n\n\n WPA 23522 of 2022\n\n Burdwan Co-operative Agriculture\n And Rural Development Bank Ltd.\n Versus\n The State of West Bengal & Anr.\n\n\nFor the petitioner : Mr. Saikat Banerjee\n Mr. Arnab Ray\n\nFor the State : Mr. Jayanta Samanta\n Mr. Manas Kumar Sadhu\n\nFor the respondent : Mr. Indranath Mitra\nNo. 4 Mr. Saukha Biswas\n\nHeard on : 25th August, 2023.\n\nJudgment on : 25th September, 2023.\n\n\nRaja Basu Chowdhury, J:\n\n\n1. The present writ application has been filed, inter alia, challenging\n\n the order passed by the Appellate Authority under thePayment of\n\n Gratuity Act, 1972(hereinafter referred to as the "said Act").\n\n\n2. The petitioner claims that the petitioner is a Primary Co-operative\n\n Agriculture and Rural Development Bank which is having co-\n\n operative credit structure entity within the meaning ofSection\n 2134B(1)(a)of the West Bengal Co-operative Societies Act, 2006.\n\n The respondent no.4 was employed by the petitioner on 4th May,\n\n 1979. After serving the petitioner for approximately 33 years 8\n\n months and 27 days, the respondent no.4 retired from service as\n\n Head Assistant and Loan Officer on 31st January, 2013.\n\n\n3. It is the petitioner's case that immediately upon the respondent\n\n no.4 having retired, the petitioner had disbursed the retiral\n\n benefits to the respondent no.4, which, inter alia, included\n\n gratuity amounting to Rs.6,00,000/-.\n\n\n4. Despite the respondent no.4, having accepted the said amount,\n\n on the following day, the respondent no.4 had applied before the\n\n petitioner for disbursal of the balance amount, inter alia,\n\n complaining short payment.\n\n\n5. By a communication, in writing, dated 11 th February, 2013, the\n\n petitioner while rejecting the respondent no.4's claim had clarified\n\n that the payment of gratuity was made as per the guidelines\n\n provided in the agreement governing the parties.\n\n\n6. Feeling aggrieved, the respondent no.4 had filed a writ petition\n\n before this Hon'ble Court which was registered as WP No.5916 (W)\n\n of 2013.\n\n\n7. By an order dated 2nd April, 2013, a Co-ordinate Bench of this\n\n Hon'ble Court while granting liberty to the respondent no.4 to\n 3\n\n\n\n\n accept all payments made by the petitioner without prejudice to\n\n his rights and contentions, directed both the respondent no.4 and\n\n the petitioner to approach the Competent Authority under the\n\n provisions of the said Act.\n\n\n8. The petitioner, however, did not accept the said order and had\n\n filed an intra-court appeal, which was registered as MAT 1330 of\n\n 2013.\n\n\n9. In the interregnum, the respondent no.4 had, however, in\n\n compliance of the directions passed by the Co-ordinate Bench of\n\n this Court had applied before the Controlling Authority under the\n\n said Act for determination of the amount payable to him towards\n\n gratuity. The said proceeding was contested by the petitioner. By\n\n an order dated 21st November, 2013, the Controlling Authority\n\n after determining the quantum of gratuity payable to the\n\n respondent no.4 by a notice in Form 'R' of the even date, had\n\n called upon the petitioner to make payment of the differential\n\n amount of gratuity to the respondent no.4, along with interest.\n\n\n10. Challenging the aforesaid order, an appeal was filed by the\n\n petitioner before the Appellate Authority within the meaning of\n\n the said Act, by complying with the provisions as regards the\n\n mandatory pre-deposit for filing of the appeal.\n\n\n11. In the meantime, by an order dated 5th October, 2015, the\n\n Hon'ble Division Bench of this Court was, inter alia, pleased to set\n 4\n\n\n\n\n aside the order passed by the Co-ordinate Bench and remanded\n\n the matter with a request to expeditiously dispose of the same, if\n\n possible.\n\n\n12. Pursuant to the aforesaid direction, a Co-ordinate Bench of\n\n this Court was, inter alia, pleased to hear out the said matter and\n\n by an order dated 11th March, 2019 was pleased to dismiss the\n\n said writ petition.\n\n\n13. Being aggrieved, the respondent no.4 had filed an intra-court\n\n appeal, being MAT 534 of 2019. By an order dated 3rd July, 2019,\n\n the Division Bench of this Hon'ble Court while granting liberty to\n\n the respondent no.4 to approach the Controlling Authority within\n\n the meaning of the said Act, disposed of the said appeal.\n\n\n14. Pursuant to the aforesaid order, the respondent no.4 once\n\n again applied in Form 'N' before the Controlling Authority under\n\n the said Act. Such application was filed on 30 th July, 2019.\n\n\n15. The aforesaid proceeding was once again contested by the\n\n petitioner whereupon by an order dated 7th September, 2021, the\n\n Controlling Authority was pleased to determine the gratuity\n\n payable in favour of the respondent no.4 and by a notice in Form\n\n 'R' of even date had called upon the petitioner to make payment of\n\n the balance amount towards unpaid gratuity with interest.\n 5\n\n\n\n\n16. Being aggrieved, an appeal was filed before the Appellate\n\n Authority by complying with the provisions as regards mandatory\n\n pre-deposit. The Appellate Authority, by an order dated 31 st\n\n August, 2022, which is impugned in the present writ application,\n\n was, inter alia, pleased to dispose of the said appeal by observing\n\n that the matter had been rightly decided by the Controlling\n\n Authority and by such order also directed the Controlling\n\n Authority to initiate the process of recovery from the appellant\n\n taking into account the interest due on principal amount, which\n\n has accrued, by making a fresh calculation.\n\n\n17. By an order dated 21st November, 2022, this Hon'ble Court\n\n while entertaining the said petition and while recording that a\n\n sum of Rs.3,48,620/- and a sum of Rs.2,99,527/- had been\n\n deposited by the petitioner with the Controlling Authority,\n\n restrained the respondent no.4 from realizing the balance amount\n\n till disposal of the present writ application.\n\n\n18. Mr. Ray, led by Mr. Banerjee, learned advocate appearing in\n\n support of the aforesaid application, by placing reliance on the\n\n provisions ofSection 5of the said Act submits that the petitioner\n\n is competent to enter into an agreement or contract with its\n\n employees with regard to payment of gratuity. By drawing\n\n attention of this Court to an agreement dated 30th November,\n\n 2011, it is submitted that the respondent no.4 had been paid\n 6\n\n\n\n\n gratuity in terms of the agreement, executed between the\n\n petitioner on one hand and the employees' association on the\n\n other. The respondent no.4 is a signatory to the said agreement in\n\n his capacity as the Secretary of the Co-operative Employees'\n\n Association. The respondent no.4 cannot be permitted to retract\n\n from the said agreement. The amount of gratuity had been\n\n computed on the basis of the said agreement, which is not only\n\n binding on the respondent no.4 but other employees of the\n\n petitioner as well.\n\n\n19. By placing reliance on the judgment delivered by the Hon'ble\n\n Supreme Court in the case of Beed District Central Coop. Bank\n\n Ltd. v. State of Maharashtra and Others, reported in (2006) 8\n\n SCC 514, he submits that the employer has a right to make\n\n payment of gratuity in terms of the scheme/agreement entered\n\n into by and between the employees and the employer.\n\n\n20. By placing reliance on another judgment delivered by the\n\n Hon'ble Supreme Court in the case of High Court of Punjab &\n\n Haryana v. Jagdev Singh, reported in (2016) 14 SCC 267, he\n\n submits that the petitioner having accepted the gratuity in terms\n\n of the agreement to which he is the signatory, cannot be\n\n permitted to disown the said agreement. The Hon'ble Supreme\n\n Court in paragraph 11 of the judgement has recognized that once,\n\n an officer furnished an undertaking while opting for revised pay\n 7\n\n\n\n\n scale, he is bound by such undertaking. In this case, the\n\n respondent no.4, having accepted the agreement and having\n\n opted out the provisions of thePayment of Gratuity Act, is bound\n\n by the said agreement. This aspect was not taken into\n\n consideration either by the Controlling Authority or by the\n\n Appellate Authority. The maximum permissible gratuity, payable\n\n to the respondent no.4, under the said agreement had already\n\n been disbursed. No further amount is payable to the respondent\n\n no.4.\n\n\n21. In the given facts, this Court may be pleased to quash the\n\n orders passed both by the Controlling Authority as also by the\n\n Appellate Authority and direct the refund of the amount lying in\n\n deposit with the Controlling Authority.\n\n\n22. Per contra, Mr. Mitra, learned advocate representing the\n\n respondent no.4, has taken this Court through the provisions of\n\n theWest Bengal Cooperative Societies Act, 2006, (hereinafter\n\n referred to as the "2006 Act"), and the Rules framed thereunder\n\n and submits thatSection 84of the 2006 Act, mandates payment\n\n of gratuity to be made to the employees of the cooperative\n\n societies in accordance with the provisions of thePayment of\n\n Gratuity Act, 1972.\n\n\n23. By referring to Section 157 of the said 2006 Act, he submits\n\n that the statute empowers the State Government to make rules.\n 8\n\n\n\n\n In terms of the powers conferred by Section 157 of the 2006 Act,\n\n rules have been framed. By placing reliance on Rule 106(19)(2) of\n\n the West Bengal Cooperative Societies Rules, 2011 (hereinafter\n\n referred to as the "said Rules"), it is submitted that the said Rule\n\n 106(19)(2) categorically provides that the employees of the\n\n Cooperative Society shall be eligible for payment of gratuity as per\n\n the provisions of thePayment of Gratuity Act, 1972.\n\n\n24. By referring to the said agreement dated 30th November, 2011,\n\n it is submitted that the said agreement is not a settlement within\n\n the meaning ofSection 2(p)of the Industrial Disputes Act, 1947\n\n and is not binding on the workmen since, the said agreement has\n\n not been arrived at as per the provisions set forth inSection 2(p)of the Industrial Disputes Act, 1947.\n\n\n25. In the factual backdrop as aforesaid, it is submitted that there\n\n is no irregularity on the part of the respondent no.4 in claiming\n\n gratuity in terms of the provisions contained in thePayment of\n\n Gratuity Act, or in the Controlling Authority and the Appellate\n\n Authority directing the disbursal of the gratuity in terms of the\n\n provisions contained in the said Act.\n\n\n26. While distinguishing the judgment delivered by the Hon'ble\n\n Supreme Court in the case of Beed District Central Coop. Bank\n\n Ltd. (supra), it is submitted that the Hon'ble Supreme Court in\n\n the said case was considering a scheme whereby the employees of\n 9\n\n\n\n\n the concerned cooperative bank were required to be paid gratuity.\n\n In this case, there is no such scheme, excepting the agreement\n\n providing for an upper limit. The aforesaid agreement was entered\n\n into on 30th November, 2011 when admittedly the upper limit of\n\n the payment of gratuity as per the provisions of the said Act had\n\n already been amended so as to raise it to Rs.10,00,000/-. He says\n\n that the aforesaid agreement is contrary to the provisions of the\n\n said Act as alsoSection 23of the Indian Contract Act, 1872 and\n\n is not lawfully enforceable, in the light of the provisions contained\n\n in the said Act. The orders impugned do not call for interference\n\n and the writ petition deserve to be dismissed with cost.\n\n\n27. In reply, Mr. Ray submits that since, the petitioner is a\n\n primary cooperative credit structure entity, Rule 106 of the said\n\n Rules is not applicable to the petitioner. By referring to the\n\n provisions of theIndustrial Disputes Act, 1947, it is submitted\n\n that the agreement may not partake the character of a settlement\n\n within the meaning ofSection 2(p)of the saidIndustrial Disputes\n\n Act, 1947, however the same can certainly be enforced by and\n\n between the parties.\n\n\n28. Heard the learned advocates appearing for the respective\n\n parties and considered the materials on record. In this case, it is\n\n noticed that the admitted facts are that the respondent no.4 was\n\n employed by the petitioner on 4th May, 1979. The said respondent\n 10\n\n\n\n\n after serving the petitioner for approximately 33 years 8 months\n\n and 27 days, retired from service as Head Assistant and Loan\n\n Officer on 31st January, 2013. Immediately on his retirement, the\n\n petitioner disbursed the retiral benefits in favour of the\n\n respondent no.4, which, inter alia, included gratuity amounting to\n\n Rs.6,00,000/-. Despite the respondent no.4 accepting the said\n\n amount, on the following day the respondent no.4 applied before\n\n the petitioner for disbursal of the balance amount, inter alia,\n\n complaining short payment. By communication in writing dated\n\n 11th February, 2013 the petitioner while rejecting the respondent\n\n no.4's claim had clarified that the payment of gratuity was made\n\n as per the guidelines provided in the said agreement. Feeling\n\n aggrieved, a writ application was filed and ultimately by an order\n\n passed by the Division Bench of this Hon'ble Court on 3rd July,\n\n 2019, the respondent no.4 was granted liberty to approach the\n\n Controlling Authority within the meaning of the said Act.\n\n\n29. Pursuant to the aforesaid order, the respondent no.4 had\n\n applied in Form 'N' before the Controlling Authority under the\n\n said Act on 30th July, 2019. On contest the Controlling Authority\n\n by an order dated 7th September, 2021 was pleased to determine\n\n the gratuity in favour of the respondent no.4 and by a notice of\n\n even date in Form 'R' had called upon the petitioner to make\n\n payment of the balance amount towards unpaid gratuity with\n\n interest.\n 11\n\n\n\n\n30. Being aggrieved although an appeal was filed under the said\n\n Act, by an order dated 31st August, 2022, which is impugned in\n\n the writ application, the Appellate Authority had dismissed the\n\n said appeal. By placing reliance on the provisions ofSection 4(5)of the said Act, it is submitted that the employer has a legal right\n\n to enter into an agreement with the employees for payment of\n\n gratuity. However, a perusal of theSection 4(5)of the said Act\n\n would make the position clear. To morefully appreciate the same,\n\n the aforesaid Section is extracted herein below:\n\n\n "4. Payment of Gratuity.- (1) Gratuity shall be\n payable to an employee on the termination of his\n employment after he has rendered continuous service\n for not less than five years,-\n\n (a) on his superannuation, or\n\n (b) on his retirement or resignation, or\n\n (c) on his death or disablement due to accident or\n disease:\n\n Provided that the completion of continuous service of\n five years shall not be necessary where the\n termination of the employment of any employee is\n due to death or disablement:\n\n 1[Provided further that in case of death of the\n employee, gratuity payable to him shall be paid to his\n nominee or, if no nomination has been made, to his\n heirs, and where any such nominees or heirs is\n minor, the share of such minor, shall be deposited\n 12\n\n\n\n\n with the Controlling Authority who shall invest the\n same for the benefit of such minor in such bank or\n other financial institution, as may be prescribed, until\n such minor attains majority].\n\n ....................................................(5) Nothing in this section shall affect the right\n of an employee to receive better terms of\n gratuity under any award or agreement or\n contract with the employer....................................................."31. As would appear from the above, the right is not with the\n\n employer but with the employee to receive better terms of gratuity\n\n under any award or agreement or contract with the employer.\n\n However, a perusal of the memorandum of settlement dated 28th\n\n November, 2007 and the subsequent settlement dated 30th\n\n November, 2011 in no uncertain terms provides the upper limit\n\n for payment of gratuity to be Rs.6,00,000/-. Incidentally, when\n\n the aforesaid agreement was entered into, in terms of the said\n\n Act, the upper limit for payment of gratuity was Rs.10,00,000/-.\n\n Although, by placing reliance on the judgment delivered by the\n\n Hon'ble Supreme Court in the case of Beed district Central\n\n Coop. Bank Ltd. (supra), it has been submitted that the\n\n employer has a right to make payment of gratuity in terms of the\n\n scheme/agreement, I am, however, unable to subscribe to the\n\n reasoning given by the petitioner that notwithstanding the13Payment of Gratuity Actproviding for upper limit of gratuity to be\n\n Rs.10,00,000/-, the petitioner could have entered into any\n\n settlement, dehors the provisions of the said Act, so as to reduce\n\n the upper limit for payment gratuity to its employees. The\n\n aforesaid agreement, in my view, is contrary toSection 4(5)of the\n\n said Act and cannot override the provisions of the said Act. The\n\n judgment delivered in the case of Beed district Central Coop.\n\n Bank Ltd, (supra) cannot assist the petitioner as in the said case\n\n the Hon'ble Supreme Court was concerned, as has been rightly\n\n pointed out by Mr. Mitra, with regard to implementation of a\n\n particular scheme for payment of gratuity. In the settlement/\n\n agreement at hand, there is no such scheme, only the upper limit\n\n for payment of gratuity has been provided. The said agreement,\n\n thus, cannot override the said Act. The only other point\n\n canvassed by the petitioner is that although, the aforesaid\n\n agreement might not partake the character of a settlement within\n\n the meaning ofSection 2(p)of the Industrial Disputes Act, 1947,\n\n yet the said agreement is binding insofar as the respondent no.4\n\n is concerned, since, the respondent no.4 is signatory to the same.32. I am, however, unable to accept the aforesaid contention, in as\n\n much as the aforesaid settlement/agreement only provides for a\n\n upper limit for payment of gratuity. The said agreement is directly\n\n contrary to and is in conflict withSection 4(5)of the said Act. The\n\n said agreement does not provide for any better terms, on the14contrary the same provides for inferior terms than provided for in\n\n the said Act. The case of Jagdev Singh (supra), thus, does not\n\n assist the petitioner. The same is clearly distinguishable on facts\n\n and cannot assist the petitioner.33. Having regard to the aforesaid, I am of the view that the\n\n petitioner cannot be permitted to deny payment of gratuity in\n\n terms of the provisions contained in the said Act, by citing in the\n\n aforesaid agreement/settlement, which also is not in consonance\n\n with the provisions ofSection 4(5)of the said Act. Independent of\n\n the provisions of the 2006 Act, gratuity is payable as per the said\n\n Act.34. In the facts as noted hereinabove, no case for interference has\n\n been made out. The writ petition fails and the same is accordingly\n\n dismissed.35. There shall, however, be no order as to costs.36. Urgent photostat certified copy of this order, if applied for, be\n\n given to the parties upon compliance of necessary formalities.(Raja Basu Chowdhury, J.)\n\n\nsb. |
0919fb87-f11c-5a15-a3e2-b19b0865c2d6 | court_cases | Bombay High CourtKetan Amratlal Joshi And 18 Ors vs The Chief Officer And 3 Ors on 2 November, 2023Author:G.S. PatelBench:G.S. Patel2023:BHC-OS:13015-DB 909-OSWP-746-2023+.DOC\n\n\n\n\n Sumedh\n\n\n\n IN THE HIGH COURT OF JUDICATURE AT BOMBAY\n ORDINARY ORIGINAL CIVIL JURISDICTION\n WRIT PETITION NO. 746 OF 2023\n\n\n Manish Digambar Sawant & Ors ...Petitioners\n Versus\n The Chief Officer MBR and R Board MHADA &\n Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 1088 OF 2023\n\n Ketan Amratlal Joshi & Ors ...Petitioners\n Versus\n The Chief Officer & Ors ...Respondents\n\n\n Mr Piyush Shah, with Dishang Shah, for the Petitioner in\n WP/746/2023.\n Mr Mayur Khandeparkar, with Omar Shaikh, for the Petitioner in\n WP/10882/2023.\n Mr Amit Shastri, AGP, for the Respondent - State.\n Mr Venkatesh Shinde, i/b Manisha Jagtap, for the Respondent -\n MHADA.\n Mr Tejas Vora, with Varun Shivhane i/b T Mooman, for Respondent\n No. 3.\n\n\n CORAM G.S. Patel &\n Kamal Khata, JJ.DATED: 2nd November 2023\n PC:-Page 1 of 112nd November 2023::: Uploaded on - 03/11/2023 ::: Downloaded on - 04/11/2023 04:29:02 :::909-OSWP-746-2023+.DOC1. Our order of 25th October 2023 reads as follows:"1. Mr Vora states that an amount of Rs. 1,70,57,200/-\n was deposited in Court on Saturday 21st October 2023\n pursuant to our order of 6th October 2023. To that order,\n we annexed two charts given by Mr Vora showing the\n amounts that according to the developer were admittedly\n payable as arrears of transit rent. The first chart has seven\n names. The second chart has 18 names. For two of the 18\n names, the amount shown as due is zero in terms of arrears\n till 30th September 2023.2. In both cases, the developer has agreed to deposit\n the advance transit rent for October to December 2023 by\n 30th November 2023.3. Yet, according to Mr Shah and Mr Khandeparkar for\n the Petitioners in the two matters, these amounts are not\n correct. Larger amounts are yet due as arrears of transit rent\n and the present Petitioners do not constitute the entire\n body of persons to whom transit rent is due. Mr Vora may\n well say that with others there has been a settlement.\n Details of that settlement are presently unavailable.4. Today we only permit the 23 persons (7 + 16 out of18) to withdraw the amounts as per the two charts annexed\n to our order dated 6th October 2023. The Advocates on\n record will furnish copies of the previous order and the\n charts to the registry along with the respective bank account\n details of each of these persons and the registry will, within\n one week from today ensure that the remittances are made\n to those bank accounts.5. After this is done, we will then hear Mr Shah and Mr\n Khandeparkar on their claim of the additional amount\n allegedly due as also Mr Vora as to how the amount\n computed represents the totality of the arrears of transit\n rent. Much will depend on that decision, including whetherPage 2 of 112nd November 2023::: Uploaded on - 03/11/2023 ::: Downloaded on - 04/11/2023 04:29:02 :::909-OSWP-746-2023+.DOC\n\n\n\n\n we will then permit Maharashtra Housing Area and\n Development Authority ("MHADA") to proceed to\n process any applications for further development\n permissions from the developer. But that will be done only\n after the present deposits are withdrawn. The reason we\n structure it like this is that these occupants and tenants,\n among others, have gone for a very long time without any\n form of relief. It is our intention that at least some relief\n must be given to them as quickly as possible.6. Until the next date MHADA is not to accept any\n application from the developer. No permissions are to be\n granted to the developer until further orders of the Court.7. Mr Khandeparkar and Mr Shah give to Mr Vora a\n copy of their computation of the amounts that are as yet\n due. This takes into account the annual increase in transit\n rent as provided in the Permanent Alternate\n Accommodation Agreements ("PAAA") filed with\n MHADA. The submission is that these annual increases\n were paid up to a time and then altogether stopped. Mr\n Vora will need to take instructions. We will address this\n issue on the next date.8. List the matter on 2nd November 2023."2. Today, in regard to the 19 Petitioners in Writ Petition No\n 1088 of 2023, Mr Vora tenders an additional list. This list is taken\n on record and marked 'V3' for identification with today's date. This\n list shows the total rent that is said to have been paid, the rent that\n was deposited in this Court pursuant to the order of 6th October\n 2023, the aggregate paid/deposit and a computation of the amount\n that according to Mr Vora is unpaid. This is stated to be Rs\n 77,93,338/-.Page 3 of 112nd November 2023::: Uploaded on - 03/11/2023 ::: Downloaded on - 04/11/2023 04:29:02 :::909-OSWP-746-2023+.DOC3. Some of these items need clarification. Against Serial Nos 2,\n 8, part of 9, 17 and 19, the developers claim to have paid in excess.\n Mr Khandeparkar for the Petitioners contests the correctness of the\n computation of the figures of Rs 77,93,338/-. He states that the\n actual amount is significantly higher. We are not in a position to\n reconcile these conflicting claims in our writ jurisdiction but we will\n make alternative arrangements and issue directions so that this can\n be more efficiently and effectively done by the public authority\n concerned, namely, Maharashtra Housing and Development\n Authority ("MHADA"). For the present, we clarify that we are\n neither accepting nor rejecting the correctness of Mr Vora's client's\n claim of an excess paid. This will also be the subject matter of a\n determination by MHADA pursuant to the directions that we will\n include a little later in this order.4. The persons at Items Nos 1 (Ketan Amratlal Joshi), 6\n (Tukaram Chavan), 9 ( Jayantilal Solanki), 10 (Urmila Solanki) are\n said to have passed away. If, therefore, we are going to make a\n direction for the deposit by the developer of Rs 77,93,338/- or a\n direction to the developer to make payment, then we will need to\n clarify to which of the heirs or nominees of these deceased persons\n that remittance is required to be made.5. So far as Petitioner No 1, Ketan Amratlal Joshi (deceased) is\n concerned, his widow is Jayna. She is the nominee in the document.\n The disbursement is to be made in her name.Page 4 of 112nd November 2023::: Uploaded on - 03/11/2023 ::: Downloaded on - 04/11/2023 04:29:02 :::909-OSWP-746-2023+.DOC6. So far as to Tukaram Chavan is concerned, his widow, Kamal,\n Petitioner No 6. In the chart, Tukaram's name is shown because he\n is the recorded tenant.7. So far as Jayantilal and Urmila are concerned, the nominee is\n Nikunj Solanki and the amount is to be paid out to him.8. Mr. Vora states that this amount of Rs. 77,99,338/- will be\n paid out to the persons in this chart (subject to the clarifications\n regarding the nominees that we have mentioned earlier) by 30th\n November 2023. We accept that statement. All transfers are to be\n online. Mr Khandeparkar's attorneys will provide the necessary\n bank details to Mr Vora's attorneys by Monday 6th November 2023.9. There are some persons against whose names the amount\n shown is zero or there is a blank. These are subject to further\n determination by MHADA.10. These disbursements may be accepted by the Petitioners on a\n no equities and without prejudice basis because, as we have noted,\n Mr Khandeparkar has instructions to state that the amount that is\n due is significantly higher.11. The Chief Executive Officer of MHADA will designate an\n officer of sufficient seniority to assess the rival claims in regard to\n and only in regard to accumulated arrears of transit rent. This\n direction will apply to both Writ Petitions.Page 5 of 112nd November 2023::: Uploaded on - 03/11/2023 ::: Downloaded on - 04/11/2023 04:29:02 :::909-OSWP-746-2023+.DOC12. To avoid any controversy, we specify the sequence in which\n this is to proceed. We also set out timelines so that there is no delay.\n We make it clear that we are concerned only with the Petitioners\n who are before us. We have to clarify this because at some point we\n were told that there were several dozens of others who had claims.\n But if those persons have not cared to come to Court, we are unable\n to make any orders in their favour as this not a Writ Petition in a\n representative capacity or a PIL.13. The Petitioners in both matters must, by 2nd December\n 2023, through their Advocates, file with the officer of MHADA a\n statement of claims for accumulated arrears of transit rent after\n giving due credit (though on a without prejudice basis) for the\n amounts that have been received or withdrawn so far. These claims\n may include any claims for periodic increases in transit rent as well.\n A copy is to be furnished to Mr Vora's Advocates by 2nd December\n 2023.14. By 16th December 2023, the developer will file before the\n officer in MHADA with copies to the Advocates for the Petitioners,\n a response to the claim as also a statement showing the excess\n amounts paid, if any.15. We require the officer to hear both sides briefly. We are not\n contemplating a prolonged hearing but some exercise in\n reconciliation of the statements for these Petitioners alone will need\n to be undertaken by the officer. That is not an exercise this CourtPage 6 of 112nd November 2023::: Uploaded on - 03/11/2023 ::: Downloaded on - 04/11/2023 04:29:02 :::909-OSWP-746-2023+.DOC\n\n\n\n\n can reasonably be expected to do and most certainly not in its writ\n jurisdiction.16. This exercise is to be completed and the officer must render a\n final determination no later than by 12th January 2023. To clarify:the officer may hold that a certain additional amount is payable by\n the developer or that nothing further is payable by the developer or\n that for some person the amount is recoverable by the developers\n and may be adjusted against future transit rent as well.17. If there is an amount that is found due by the developer, then\n the officer must prescribe a period not less than three weeks after\n the date of this order for that amount to be deposited with\n MHADA.18. Any of the parties aggrieved are at liberty to pursue their\n remedies in regard to that determination including by approaching\n this Court by way of a fresh Writ Petition if required.19. In the event that the developer does not make the deposit as\n required by MHADA and which may be done again on a without\n prejudice and no equity basis, then necessary consequences must\n follow, including, by virtue of this order itself, an immediate\n stoppage of all work on site. This does not mean that MHADA is\n then required to issue a fresh stop work notice. If there is non-\n compliance by non-deposit in the circumstances we have set out\n above there will instantly be an injunction against the developerPage 7 of 112nd November 2023::: Uploaded on - 03/11/2023 ::: Downloaded on - 04/11/2023 04:29:02 :::909-OSWP-746-2023+.DOC\n\n\n\n\n from doing any further work of any kind on site and from receiving\n any further permissions whatsoever until that deposit is made.20. This is of course necessarily subject to any proceedings that\n may be adopted by the parties concerned in regard to the\n determination order by the officer of MHADA.21. As regards ongoing transit rent, we require this to be paid\n quarterly irrespective of any statement in any No Objection\n Certificate or any agreement. The first quarter to be paid in this\n fashion is October to December 2023. The amount is to be paid by\n 15th December 2023 irrespective of any calculations in regard to a\n claim for excess rent paid. In other words, there will be no\n adjustments at this stage until there is a final determination by the\n officer concerned. Thereafter, quarterly payments of transit rent will\n be made by the middle of the quarter until possession is delivered\n with an Occupation Certificate ("OC").22. To ensure that there is a minimal disruption so that parties\n need not come back to Court each time, we will exercise our\n discretion and grant the developer a grace or cure period of four\n banking days if there is a default in payment of any quarterly\n payment. All payments are to be made online.23. If there is a default beyond the cure period for any quarterly\n payment of transit rent, then the same consequences of stoppage of\n work will immediately apply and MHADA will then issue aPage 8 of 112nd November 2023::: Uploaded on - 03/11/2023 ::: Downloaded on - 04/11/2023 04:29:02 :::909-OSWP-746-2023+.DOC\n\n\n\n\n cancellation of its NOC on account of a default in payment of that\n transit rent.24. This is of course subject to any orders that may be passed in\n regard to any adjustment that is claimed by the Petitioner in a\n challenge against the MHADA officers' final determination of the\n amounts that are found due or found to have been paid in excess.25. So far as the persons at 12, 13, 14 and 15 are concerned,\n MHADA has certified the names of the heirs of the original tenants.\n The names of the heirs are shown in the chart that is marked today.\n MHADA is said to have certified the names of the persons who are\n entitled to the benefits in place of the original deceased tenant.26. Mr Vora is correct that the developer must be fully\n indemnified against claims by any other heirs in regard to the\n original tenant, Sharda Pilankar, Petitioners 12 and 13 and Arvind\n Arvind Chindarkar, Petitioners 14 and 15 as also the nominees noted\n above. Mr Khandeparkar has instructions to state that rather than\n delay the matter by requiring formal indemnity this order may itself\n serve as a sufficient damnification of the developers against all\n claims that may be made for any of the deceased original tenants\n against the developer.27. If there is one thing on which all are agreed, it is that\n construction itself now needs to progress.Page 9 of 112nd November 2023::: Uploaded on - 03/11/2023 ::: Downloaded on - 04/11/2023 04:29:02 :::909-OSWP-746-2023+.DOC28. Mr Vora submits that apart from the issue of transit rent,\n which he maintains has at least partially if not substantially been\n addressed by deposits and assurances or payment, permissions now\n need to be issued by MHADA or the MCGM. These have been\n withheld because of the question of the arrears and mounting\n arrears of transit rent. Now that we have addressed that aspect and\n provided at least some relief to the tenants, we direct MHADA and\n the MCGM to expeditiously process all applications including\n applications for fresh permissions, revalidations, reassurances, or\n amendments of all permissions for the entire project including the\n free sale component.29. It is clarified that a default by the developer in performance of\n its obligations or in adherence to the terms that we have set out in\n this order will necessarily result in a suspension or even a\n cancellation of any of these permissions.30. Mr Vora has instructions to state that other things remaining\n equal, the project should be completed by December 2024. We\n understand this to mean that at some point in December 2024,\n construction will have sufficiently progressed to enable the\n developer to at least apply for an OC. We do not expect the\n developer to commit a date when the OC will be obtained. That is\n not in the hands of the developer but certainly we can note the\n submission that the application for an OC will be made within that\n time. This means that subject to resolving the question of\n accumulated arrears of transit rent and payment of ongoing transitPage 10 of 112nd November 2023::: Uploaded on - 03/11/2023 ::: Downloaded on - 04/11/2023 04:29:02 :::909-OSWP-746-2023+.DOC\n\n\n\n\n rent of five quarters, the project should be satisfactorily completed\n by December 2024.31. In view of this, Mr Khandeparkar does not press Writ Petition\n No 1088 of 2023 at this stage. Mr Shah also does not press Writ\n Petition No 746 of 2023. Both Petitions are disposed of in these\n terms, read with the previous orders. No costs.(Kamal Khata, J) (G. S. Patel, J)Page 11 of 112nd November 2023::: Uploaded on - 03/11/2023 ::: Downloaded on - 04/11/2023 04:29:02 ::: |
824d3352-1fc8-5fd1-a88b-11d5035311a3 | court_cases | Rajasthan High CourtBalveer Singh vs State Of Rajasthan And Anr ... on 9 January, 2024Author:Mahendar Kumar GoyalBench:Mahendar Kumar Goyal[2024:RJ-JP:1357]\n\n HIGH COURT OF JUDICATURE FOR RAJASTHAN\n BENCH AT JAIPUR\n\n S.B. Criminal Miscellaneous (Petition) No. 2763/2013\n\n Balveer Singh S/o Shri Niranjan Singh, aged 36 years, R/o\n Khutipuri Jatan, Thana Mursan, Distt. Hathras, Uttar Pradesh\n ----Accused/Petitioner\n Versus\n 1. State Of Rajasthan Through PP\n Proforma Respondent2. Jyoti W/o Shri Balveer Singh D/o Shri Gyan Singh, aged\n 30 years, R/o Mohalla Namak Katra, Vasangate,\n Kumhergate, Bharatpur Rajasthan----Complainant/Respondent\n\n\n For Petitioner(s) : None present\n For Respondent(s) : Mr. Riyasat Ali, P.P.\n\n\n\n HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL\n\n Judgment / Order\n\n 09/01/2024\n\n Learned Public Prosecutor has submitted the status report\n\n dated 01.05.2023 furnished by the Station House Officer, Mahila\n\n Thana, Bharatpur which reflects that after investigation, Negative\n\n Final Report No.211 dated 21.12.2013 was submitted in the\n\n jurisdictional Court on 30.12.2013 which was accepted by the\n\n learned trial Court.In view thereof, this criminal miscellaneous petition filed for\n\n quashing the subject FIR is rendered infructuous and is dismissed\n\n accordingly.(MAHENDAR KUMAR GOYAL),J\n\n Manish/65(Downloaded on 09/01/2024 at 08:55:36 PM)Powered by TCPDF (www.tcpdf.org) |
44d7a3e9-cf5a-5a46-b4f5-5d7665550bfc | court_cases | Jammu & Kashmir High Court - Srinagar BenchMrs. Nowshaba Rashid vs Mr. Pawan Kotwal And Anr on 20 November, 2020Author:Ali Mohammad MagreyBench:Ali Mohammad MagreyAfter notice VC\n Sr. No. 267\n\n IN THE HIGH COURT OF JAMMU AND KASHMIR AT\n SRINAGAR\n\n CPSW No. 564/2017\n\n Mrs. Nowshaba Rashid\n ... Petitioner(s)\n\n Through: - Mr. Altaf Haqani, Advocate\n V/s\n Mr. Pawan Kotwal and Anr.\n ... Respondent(s)\n\n Through: Mr. Shah Aamir, AAG with Ms.\n Sharaf Wani, Assisting counsel\n\n\n Hon'ble Mr Justice Ali Mohammad Magrey, Judge\n ORDER20.11.2020\n\n Need for asking the Financial Commissioner, Heath and Medical\n\n Education Department, to appear in person, had arisen on noticing the delay\n\n in implementation of the Judgment passed by the writ Court on 11.03.2016,\n\n in SWP No. 1021/2013 titled Dr. (Mrs.) Nowshaba Rashid Vs. State and\n\n Ors. Further noticing that the contempt petition is also on the board for the\n\n last about four years, without showing any results.Mr. Atul Duloo, Financial Commissioner, Heath and Medical\n\n Education Department present in the Court by virtual mode, submits that due\n\n to non-availability of requisitioned papers by the Empowered Committee,\n\n the matter got delayed, as such, the implementation has remained pending.\n\n The officer present in the Court, submits that there is no deliberate and\n\n intentional delay in implementation of the Judgment of this Court, but same\n\n is due to some administrative reasons, as explained in the status reports filed\n\n from time to time and examined by this Court. He further submits that the\n\n matter will be taken up back with the Empowered Committee, apprising\n them the reasons for non-availability of the papers as also to bring into the\n\n notice of Empowered Committee the observations made by this Court. He\n\n seeks further three months' time to ensure implementation of the Judgment.\n\n During interaction, the officer present in the Court made reference to the\n\n repealment of special provisions of Act of 2010, and wanted to apprise the\n\n Empowered Committee about the same. The Court made it clear to the\n\n officer that notwithstanding the repealment of special provisions of Act of\n\n 2010, the Judgment passed by this Court will not become unenforceable\n\n under law as the repealment has prospective effect and the case of the\n\n petitioner will be considered in accordance with special provisions of the\n\n Act of 2010, and in terms of the Judgment passed by the writ Court on\n\n 11.03.2016.In view of above, further consideration in the contempt petition is\n\n deferred for three months with direction to the respondents to ensure\n\n implementation of the Judgment dated 11.03.2016 in letter and spirit without\n\n compelling the Court to adhere to the coercive method. Before the next date\n\n of hearing, the respondents shall file compliance with copy in advance to\n\n other side.List on 24.02.2021.Copy of the order be provided to learned appearing counsel for the\n\n parties under the seal and signature of the Bench Secretary today itself.(Ali Mohammad Magrey)\n Judge\n Srinagar\n 20.11.2020\n Mohammad Yasin DarMOHAMMAD YASIN DAR2020.11.19 23:18I attest to the accuracy andintegrity of this document |
04d1eefd-76b0-56bc-ac5d-be01b881ec00 | court_cases | Andhra Pradesh High Court - AmravatiVuchi Bhuvaneswari Prasad vs The State Of Andhra Pradesh on 9 April, 2021Bench: Arup Kumar Goswami, C.Praveen KumarHIGH COURT OF ANDHRA PRADESH : AMARAVATI\n\nMAIN CASE: W.P.No.7909 of 2021\n\n PROCEEDINGS SHEET\n\nSl. DATE ORDER OFFICE\n NOTE\nNo.\n\n\n1.09.04.2021 (Taken up through video conferencing)\n\n Mr. Unnam Sravan Kumar, learned counsel for the\n petitioners, is present.On the request of Mr. S. Vivek Chandra Sekhar,\n learned counsel appearing for the State Election\n Commission, list this case on 16.04.2021.Mr. S. Vivek Chandra Sekhar, on instructions, submits\n that no further action will be taken by the State Election\n Commission before the next date fixed.ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J\n IBL |
65b953a2ab84c7eca86e8df7 | acts |
State of Himachal Pradesh - Act
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The Himachal Pradesh Minor Canals Rules, 1977
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HIMACHAL PRADESH
India
The Himachal Pradesh Minor Canals Rules, 1977
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Rule THE-HIMACHAL-PRADESH-MINOR-CANALS-RULES-1977 of 1977
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* Published on 8 November 1977
* Commenced on 8 November 1977
The Himachal Pradesh Minor Canals Rules, 1977
Published vide R.H.P. Notification No. 4-4/69-PWD dated 4/8th November 1977 Pages 1147-1160.
HP62
Part I – Preliminary
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### 1. Short title and commencement.
(1) These rules may be called the Himachal Pradesh Minor Canals Rules, 1977.
(2) These shall extend to the whole of Himachal Pradesh.
(3) These shall come into force at once.
### 2. Definitions.
- In these rules, unless there is anything repugnant in the subject or context-
(a) "act" means the Himachal Pradesh Minor Canals Act, 1976, (42 of 1976);
(b) "annexure" means annexure appended to these rules;
(c) "section" means the section of the Act;
(d) all other words and expressions used herein but not defined in these rules shall have the same meanings assigned to them in the Act.
Part II – Construction and Maintenance of Works and Supply of Water
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### 3. Application for permission to construct a canal intended to be fed from any source of supply notified.
- Any person, desiring to construct a canal intended to be fed from any source of supply, which has been notified by the State Government, under section 4, shall apply, in writing, to the Collector for his permission, in the form as per Annexure-I.
### 4. Circumstances in which the permission to extend to construct a canal to be fed from any notified source can not be accorded.
- Water shall not ordinarily be granted to the lands,-
(a) where the length of the water course from its head to its point of contact with field exceeds 3 kilometres; or
(b) where the water supply or water in the canal, distributary, or water course is already fully utilised; or
(c) where, in the opinion of the Collector loss from wastage is likely to occur.
### 5. Closure or discontinuance of water courses.
(1) Whenever the Collector is satisfied that the due distribution of water from the source of water is not possible, or the water course, sluice or outlet is not maintained in proper repairs or is subject to wilful damage or wrongful enlargement, or supply of water is not possible due to obstructions/interruptions caused by the natural forces, he may order the closure or discontinuance of the supply of water for a period so long such exigency on which the water supply is ordered to be closed of discontinued remains.
(2) Whenever the Collector, on the receipt of a written declaration by the Medical Officer of Health, is satisfied that the water course situated within the jurisdiction of any local authority is in such a defective sanitary conditions as to be a menace to public health, he may order the closure or discontinuance of water course till such time the defects are not set right and the water supply is not declared to be in hygienic and good sanitary condition.
(3) The order, under sub-rule (1) or (2) shall be in writing under hand of the Collector and a copy of the same shall be conveyed by the authorities in-charge of the Canal with due expedition to reach local authority and delivered to the responsible officer of such local authority, namely in case of villages to the Sarpanch of the village concerned and in case of Municipal Committees/Notified Area Committees to the President of the Municipal Committee or the Notified Area Committee, concerned. The receipt of each person to whom a copy of the order is delivered shall be affixed to a Schedule prepared for the purpose, which shall be maintained in the office of the Collector.
(4) It shall be duty of the person, who receives the order referred to in sub-rule (3), to affix it at once at a conspicuous place in the village or town and to make its purport generally known to all concerned, by beat of drum.
### 6. Application for transfer of existing water course.
- The person, desiring that an existing water course should be transferred from its present owner to himself shall apply to the Collector in the form as given at annexure II to these rules and shall make the deposit of such amount as the Collector considers necessary to defray the cost of the preliminary proceedings and the amount of compensation that may be come due under the provisions of section 19 in respect of such transfer.
### 7. Preparation of demand statements.
(1) The village Patwari or any other Officer authorised by the Collector shall prepare the demand statement and shall submit the same for the approval of the Collector or any other authority appointed by him in this behalf.
(2) As soon as the demand statements is prepared and approved under sub-rule (1) the same shall be kept open for inspection by the persons liable to pay the charges under the Act and these rules, in the office of the Patwari concerned.
(3) As soon as the demand statements of a Patwar Circle are completed the Patwari shall inform the Lambardars of the dates on which the demand statement will be distributed in each village. The Lambardars shall call upon the irrigators to attend and receive demand statements from the Patwari. Undistributed demand statements shall be entrusted to the Lambardars of the villages concerned. The Patwari shall in every case endorse the date of distribution of the demand statement.
(4) If the irrigator desires to raise any objection about the correctness of the entries made against him in the demand statement,-
(a) whether as to the fact of the land having been irrigated; or
(b) of its being charged "Flow" or "Lift"; or
(c) as to the measurement and entries of class of crop; or
(d) if he has been charged without having done any irrigation from the canal during the harvest under assessment; or
(e) if no demand notice has been delivered either to him or to the Lambardar, he may prefer the objection, in writing, to the Collector within twenty-one days from the date on which the demand of statement was served on him or in the case of clause (e) within ten days of the date on which he first became acquainted with the claim against him.
(5) The objections raised under sub-rule (4) shall be investigated through any agency, as the Collector may deem fit, on spot within 15 days of their receipt and promptly disposed of by the Collector. The orders of the Collector in such cases shall be communicated to the objector and the orders as passed and communicated to the objector shall be final and binding on the objector.
### 8. Method of dealing with alternations in the demand statement.
- If after the service of the demand statement any addition is made to the demand, or any reduction is allowed as a consequence of the decision taken by the Collector under sub-rule (5) of rule (7) or on account remission granted under rule 22 or under sub-section (6) of section 28, such addition or deduction shall be communicated to the irrigator as well as to the Collector by means of the supplementary demand statement. The demands shall be shown in black and remissions in red letters.
Water Rates
### 9. Charges for use of water.
- Subject to the provisions contained in this Chapter the charges for the use of water shall be made on the basis of the class of crops cultivated and area irrigated and on the rates as specified in schedule of rates at annexure III to these rules.
### 10. Charges leviable for a preliminary watering (Paleve) when no crop is sown.
(1) When a field receives the first or preliminary watering and afterwards no crop is sown, the lowest rate of charge for the 'Lift' or 'Flow' Irrigation, as the case be, will be levied.
(2) When a field receives the first or preliminary watering and afterwards a crop is sown there shall, subject to the provisions of sub-rule (3), be payable in respect of watering the full rate specified in the schedule of rates to be charged for canal water supplied for the irrigation of the Crop.
(3) When a provision is made in the schedule for a special rate being charged for a single watering followed by a crop on the land irrigated from a channel to which the State Government has declared the special rate to be applicable, the rate to be charged for watering shall be such special rate and not the full rate which would otherwise be payable under sub-rule (2).
### 11. Charges for mixed crop.
(1) Mixed crops, which have no specific mention in the schedule of rates shall be assessed at the highest rate leviable on any of them.
(2) Crops grown separately in the same field shall be treated as mixed crop unless the division between them has been clearly marked by a well defined boundary.
### 12. Charges leviable for field resown.
- When the original crop sown in a canal irrigated field fails and is ploughed up, and a fresh crop is sown in the same season, the water rate to be levied shall be the same as specified in the schedule of rates for the crop which comes to maturity.
### 13. Water rate for fields partly irrigated.
- If only a portion of field be irrigated the water rate shall be chargeable on the whole field unless such portion has been clearly demarcated by a well defined boundary.
### 14. Charges leviable in fields partly irrigated from canals partly from wells or other sources.
- When a portion of a field has been irrigated with canal water and a portion with water from a private well or any other source, the whole field will be treated as irrigated with canal water. Where the boundary demarcated by a well defined boundary exists between the two portions, enquiry will be made whether the use of water from a well or any other source was owing to deficiency in the supply of canal water in which case the canal charge on the portion irrigated by well or other source shall be exempted.
### 15. Use of Canal Water courses, for conveyance of water from a well or any other sources.
- If water from a private well or from any other private source is conveyed in the same channel as those of canal water in the same season, the whole of irrigation from that channel/channels shall be treated as irrigation from the canal.
### 16. Charges leviable for irrigation from escapes, channels.
- When a natural drainage or channel or reservoir not being part of the canal is used as an escape channel, and if it is so used at the request of persons desired of irrigation from it, they shall be levied water rates as follows:-
(a) when the supply is permanent, the rates shall be governed by the rules as if the irrigation is from other parts of canal.
(b) when the supply is intermittent, the rates may be allowed at such reduced rates as shall, from time to time, be fixed by the Collector in each case:
Provided that the area, if any irrigated from natural drainage or channel or reservoir prior to the introduction of canal water, shall not be liable to water rate, the amount in lieu thereof in such areas shall be determined by the Collector. In all cases in which water is supplied under this rule a written contract shall be executed setting forth the terms on which it is supplied.
### 17. Owner's rate.
(1) Where any irrigation scheme has come into operation for anyone of the following purposes, namely: -
(a) extension of irrigation to new areas from any existing or projected canal, or
(b) extension of irrigation to areas situated within the approved irrigation boundary of an existing canal system;
the Government shall levy owner's rate recoverable from the owners of the lands in addition to water rate, for areas so irrigated as under:-
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(i) Perennial irrigation
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Rs. 3/. per acre matured
|
|
(ii) Restricted perennial irrigation
|
Rs. 2/- per acre matured
|
|
(iii) Non-perennial (Kharif) irrigation
|
Rs. 1.50 per acre matured
|
(2) The amount of owner's rate shall be shown separately in the demand statement of water rates and shall be realized from the land owners in the same manner as prescribed for the recovery of occupier's rates.
(3) When on a land, water rates have been remitted under provisions of rule 22, the owner's rate in respect of that land shall be deemed to be remitted automatically and the land-owner concerned need not put in, an application for the same separately.
### 18. Charges leviable for taking water from canal without permission or at times prohibited by a proper authority.
(1) Persons taking water from a canal without permission of or at the time prohibited by the proper authority, shall be chargeable with a special rate as below, in respect of all lands on which water has flowed:-
(a) Culturable land. - equal to six times and in addition to ordinary water rate leviable on the crop standing at the time in the area;
(b) Unculturable land. - equal to six times the highest rate prescribed as occupier's rate given in the schedule of rates for anyone crop;
(c) Ponds. - equal to six times the bulk rate provided for the time being in these rules:
Provided that in each case the Collector may levy for the reasons, to be recorded in writing, a lower charge if he thinks fit:
Provided further that this charge may be made for each district and on separate occasions on which water is so taken.
(2) If the person or persons taking water from a canal in an unauthorised manner cannot be identified, the persons chargeable shall be determined in accordance with the provisions of section 29; provided the water is conveyed through a water course.
(3) For the purpose of this rule, the area shall be measured up as soon as possible and the persons chargeable with the special rate having been determined, notice shall at once be given to them on each such occasion that they will be charged accordingly in the demand statement for the area thus watered.
(4) The special rate under this rule, shall be recovered in addition to the penalties which may be imposed on account of such use or waste of water.
### 19. No water rate is to be enhanced or levied.
(1) Notwithstanding anything contained in these rules, no enhancement of the water rate/rates levied under this chapter.shall be made in consequence of the change of the class of lands from un-irrigated to irrigated land, for Rabi/Kharif harvests.
(2) Water rate shall not be levied,-
(a) on crops grown merely with the aid of percolation and not actually irrigated;
(b) on crops seriously damaged by swampings and deposits or other harmful action of bonds.
### 20. Persons from whom rates leviable.
(1) The rates prescribed, under these rules for the use in an authorised manner of water of canals shall be leviable from the occupiers of land. For this purpose the following persons shall be deemed "Occupiers" namely: -
(a) where the land owner is in actual cultivating occupancy such land-owner;
(b) where the land is in the actual cultivating occupancy of a tenant or sub-tenant and the rent is not paid through a contractor, the landlord and such tenant or sub-tenant;
(c) where land is in the actual cultivating occupancy of a tenant or sub-tenant but the rent is paid through a contractor, the landlord, contractor and such tenant or sub tenant;
(d) where the land is in actual cultivating occupancy of a mortgagee holding from a landlord, tenant, sub-tenant such mortgagee or mortgagor.
(2) In the cases referred to in clauses (b), (c) and (d) of sub-rule (1):-
(a) the landlord and the tenant or sub-tenant, or
(b) the landlord, the contractor and the tenant or sub-tenant, or
(c) the mortgagee and mortgagor, as the case may be:
shall be jointly and severally liable for the payment of occupier's rates.
(3) The expressions "Landlord" "Land-owner" and "tenant" in this rule shall have the meanings respectively, assigned to them in the Himachal Pradesh Land Revenue Act, 1954 (
6 of 1954
) and the Himachal Pradesh Tenancy Land Reforms Act, 1972 (8 of 1972).
### 21. Receipts and disposal of proceeds.
(1) Receipts shall be given by the Lambardar or other person making the collection to each irrigator on the payment of water rate.
(2) The proceeds of the water rate collected under sub-rule (1) after deduction of 3 per cent in case collection is made by the Lambardar, shall be credited to the general revenue under the Budget Head: l106-minor Irrigation Soil Conservation and Area Development
(a) Receipts from L.I.S. Water Rates.
(b) Receipts from Minor Irrigation works water rates.
(3) The Collector may withhold and credit to Government as a revenue by forfeiting the whole or any other portion of the sum payable to the Lambardar or any other agency under sub-rule (2) if the realization as the case may be not made in time, or if the Lambardars or any other agency has failed to render proper assistance for the distribution and control of water or in the assessment of irrigation charges.
### 22. Remissions.
(1) In the event of the failure of an irrigated crop owing to a deficiency with the water of canal or the failure of an irrigated crop owing to crop diseases or natural calamities such as hail, severe dust storms, floods, locusts or other pests, the rates assessable on the land upon which the crop was sown shall be remitted in accordance with the provisions contained in this rule.
(2) Whenever circumstances exist to appellant that the total produce of the land under irrigation in any cropping season is likely to be damaged to an extent of more than 10% of its normal produce, the irrigator or his agent in the form as given at Annexure IV shall issue a notice of such circumstances to the Collector in whose jurisdiction such damage is apprehended.
(3) Immediately on receipt of a notice under sub-rule (2) the Collector shall forward the same to the Tehsiidar/Naib Tehsildar, within 15 days of the receipt of notice. The Tehsildar/Naib Tehsildar shall inspect the damaged crop, mentioned in the notice and submit his report about the damage found to the Collector.
(4) The Collector after considering the report received under sub-rule (3) and after holding such further enquiry as he may consider necessary, shall order remissions of the water rate for that crop as under:-
| | |
| --- | --- |
|
(i) In case of damage exceeding 10% but not exceeding 33%
|
Not exceeding 15% of the water rate.
|
|
(ii) In case of damage exceeding 30% but not exceeding 50%
|
Not exceeding 25% of the water rate.
|
|
(iii) In case of damage exceeding 50% but not exceeding 75%
|
Not exceeding 50% of the water rate.
|
|
(iv) In case of damage exceeding 75%
|
100%
|
(5) Any person aggrieved by the order of the Collector made under sub-rule (4) may within a period of 30 days from the date of such order prefer an appeal to the Commissioner:
Provided that the Commissioner, may entertain the appeal even after the expiry of the said 30 days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal on the earliest day. The Commissioner may, after affording a reasonable opportunity of being heard to the applicant, pass such order as he deems fit and his order shall be final.
### 23. Notice to land owners under section 48.
- Soon after entering upon the land if any person under section 12 or taking possession of land under section 48(1) the Collector, or any Officer as authorised by him in this behalf, shall inform the land-owner about the fact that the land has been entered into, or taken possession of, as the case may be, in the public interest.
### 24. Procedure to acquired land after taking possession.
(1) In all cases where the Collector has taken possession under sub-section (1) of section 48, he shall also require the owner, or all other persons interested in the land, to file their claims with regard to compensation.
(2) After taking possession under sub-section (1) of section 48, the Collector shall forward the case to the Government along with necessary details of the land.
(3) If in the opinion of the government the possession of land in question has been taken in the public interest it shall declare that the land is required for a public purpose within the meaning of Land Acquisition Act 1894 (1 of 1894) and direct the necessary action to be taken thereunder.
### 25. [ Passing of Animals and Vehicles across water courses etc.
[Added vide The Himachal Pradesh Canals (First Amendment) Rules, 1980.]
- No person, without permission in writing of the Collector or any other authority authorised by him in this behalf shall pass or cause animals and vehicles to pass on or across any of the words, banks, channels, canals, or drainage works except through such bridges and ferries and their approaches as are specifically allowed by the Collector for use by general public.]
### 26. [ Preparation of warabandi statements.
[Added vide The Himachal Pradesh Canals (First Amendment) Rules, 1980.]
- The collector shall got the warabandi statements prepared for regulating the supply and distribution of the water to an from such canals, and the same shall be kept open for inspection in the office of the village Patwari or any other authority appointed for this purpose.]
In case any of the beneficiaries has attention to the Warabandi statement, he can apply in writing to the Collector for inspection of records leading to preparation of Warabandi statement. The Collector, shall allow such beneficiaries to inspect the record on the payment of Rs. 5/- which shall be deposited with the collector.
Any objection filed before the Collector by such beneficiaries with or without inspection of the record shall be disposed off by the Collector within 15 days from the receipt thereof and the decision of the Collector shall be final and binding:-
Annexure I
(See rule 3)
Form of Application for the Permission of the Collector to construct a canal intended to be Fed from any Source of Supply notified under section 4 of the Himachal Pradesh Minor Canals Act, 1976 (Act
No 42 of 1976
)
To
The Collector,......................................................
Sir,
In accordance with the provisions of sub-section (1) of section 5 of the Himachal Pradesh Minor Canals Act, 1976, I/We, whose particulars are given below, intend to effect the change or construction of a canal intended to be fed from any such channel, lake or other collection of water, the details of which are mentioned below:-
A. Particulars of the applicant:
| | | | |
| --- | --- | --- | --- |
|
Serial No.
|
Name with percentage
|
Address
|
Area of the land to be benefited
|
B. Particulars of the canal and proposed change:
### 1. Name of supply channel................................... ###
2. Proposed site of new outlet..............................
### 3. Number of pipes required..................................... ###
4. Approximate area of land to be irrigated.............................
### 5. Irrigation by overflow or lift................................ ###
6. Approximate length of water course...................................
### 7. Names of owners of land to be traversed by water course...................... ###
8. Land irrigable from any existing outlet or not.......................
### 9. Number and names of intending shareholders (if any) in the outlet applied for............................ Particulars to be filled by the office of the Collector.
### 10. Number of outlets now in supply channel............................ (a) Right Bank.................................
(b) Left Bank..................................
### 11. Width of bank including slopes and path way................................ ###
12. Number of outlets now allotted to village..................................
### 13. Culturable area - (a) Whole village.....................................
(b) Applicant's land............................
### 14. Area already provided with irrigation............................... ###
2. I/We have endeavoured unsuccessfully to acquire from the owners of the land through which I/We desire such water course to pass, a right to occupy so much of land as will be needed for such water course. So I/We desire that you, on my/our behalf and cost and do all things for acquiring such right. I/We, am/are able to, defray all cost involved in acquiring such right and constructing such water course to you satisfaction.
I/We certify that the information furnished above at serial Nos. (1) to (9) and para 2 above is true to the best of my/our knowledge and belief.
Signature of applicant orthumb impression, if illiterate
| | | | |
| --- | --- | --- | --- |
|
Serial No.
|
Name
|
Address
|
Signatures or thumb impression
|
Annexure II
(See rule 6)
Form of Application to the Collector for the transfer of the Existing Water Course under section 17 of the Himachal Pradesh Minor Canals Act, 1976 (Act
No 42 of 1976
)
To
The Collector,..................................................
Sir,
In accordance with the provisions of section 17 of Himachal Pradesh Minor Canals Act, 1976 (Act
No. 42 of 1976
) I/We whose particulars are given below request you that the ownership of water course....................being fed by......................source of water, being held by................may kindly be ordered to be transferred in my/our name(s) for the following reasons: -
### 1. ....................................
### 2. ....................................
The proposed transfer is necessary for the better management of the irrigation from the aforesaid water course. I/We have endeavoured unsuccessfully to procure such transfer from the above named present owner of the aforesaid water course and I/We desire you, on my/our behalf and cost, to do all things necessary for procuring such transfer. I/We, am/are able to defray the cost of such transfer and I/We have deposited the sum of Rs...............to meet the cost of preliminary proceedings and the amount of compensation that may become due under the provisions of section 19 in respect of such transfer. In the event such deposit runs short, I/We undertake to pay the,remaining balance well before the aforesid transfer is materialised.
Signature of applicant, or thumbimpression of illiterate.
| | | | |
| --- | --- | --- | --- |
|
Serial No.
|
Name
|
Address
|
Signatures or thumb impression
|
Annexure III
(See rule 9)
of Occupiers, Rates in Force on Minor Irrigation Canals in Himachal Pradesh
-----------------------------------------------------------------------------
| | | | |
| --- | --- | --- | --- |
|
Sl. No.
|
Name of Crop
|
Rate per acre\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
|
Flow Rs.
|
Lift Rs.
|
|
1
|
2
|
3
|
4
|
5
|
|
1.
|
(a) Sugarcane (on Kharif channels)
|
13.60
|
27.20
|
Per crop
|
|
|
(b) Sugarcane (except on Kharif channels)
|
16.63
|
33.26
|
-do-
|
|
2.
|
Water nuts
|
11.34
|
22.68
|
-do-
|
|
3.
|
Rice
|
9.82
|
19.64
|
-do-
|
|
4.
|
Indigo and other dyes, Tobacoo, poppy, spices and drugs
|
8.30
|
16.60
|
-do-
|
|
5.
|
Cotton
|
6.80
|
13.60
|
Per crop
|
|
6.
|
Melons fibre (other than Cotton) and all crops not otherwise
specified
|
6.80
|
13.60
|
-do-
|
|
7.
|
Maize
|
5.65
|
11.30
|
-do-
|
|
8.
|
Kharif oil seeds
|
6.42
|
12.84
|
-do-
|
|
9.
|
Barley and Oats (except on Kharif channels)
|
6.42
|
12.84
|
-do-
|
|
10.
|
Garden and Orchards (excluding rabi crops) and vegetables
|
8.30
|
16.60
|
Garden and orchards per half years and the rest
per crop.
|
|
11.
|
All Rabi crops (except wheat and grams) including garden,
orchards and vegetables
|
3.05
|
6.10
|
-do-
|
|
12.
|
Wheat and Grams (on Kharif channels)
|
2.78
|
5.65
|
Per crop
|
|
13.
|
Wheat and Grams (except on Kharif channels)
|
5.90
|
11.80
|
-do-
|
|
14.
|
Bajra, Masoor and Pulses
|
4.91
|
9.82
|
-do-
|
|
15.
|
Grams
|
4.50
|
9.00
|
-do-
|
|
16.
|
Jawar, Cheena, Grass which has received two or more watering
and all fodder crops including turnips
|
3.78
|
7.56
|
Grass per half year and the rest per crop.
|
|
17.
|
Grass single-watering
|
1.51
|
3.02
|
Per half year
|
|
18.
|
Watering for ploughing not followed by crops in same or
succeeding harvests.
|
1.51
|
3.02
|
-do-
|
|
19.
|
Villages, Municipal and District Boards, Plantatlors
|
1.51
|
3.02
|
-do-
|
|
20.
|
Paddock area as sanctioned by the local Government
|
8.25
|
16.50
|
Per half year in whole area irrespective
whether it be irrigated in part or whole of not at all.
|
|
21.
|
Any number of water in Kharif
|
1.51
|
3.02
|
Per Half year
|
|
22.
|
One water in Rabi
|
1.51
|
3.02
|
-do-
|
|
23.
|
Two or more watering in Kharif or Rabi (General Rate)
|
3.05
|
6.10
|
-do-
|
|
24. []
[Added by the H.P. Canals (First Amendment) Rules, 1980.]
|
Wheat
|
5.90
|
11.80
|
Per crop
|
|
25.
|
Brick making and pise wall building
|
0.30
|
0.60
|
Per hundred cubic feet.
|
|
26.
|
Laying concrete brick or stone masonery
|
0.20
|
0.40
|
Per hundred cubic feet.
|
|
27.
|
Metalling road
|
15.00
|
30.00
|
Per mile.
|
|
28.
|
Consolidation of Kacha service road.
|
45.00
|
90.00
|
per mile per annum or maximum or 8 enterings in
10 months December-September
|
|
29.
|
Water supplied in bulk
|
1.50
|
3.00
|
per 2500 Cubic feet.
|
|
30.
|
Watering road side on avenue trees.
|
3.75
|
7.50
|
per canal mile of 5000 ft. for Kharif crop Rs.
8.50/-Rs. 15/- per canal mile of 5000 ft. for rabi crop.
|
|
31.
|
Sprinkling water on roads in the Kharif season
|
7.50
|
15.00
|
per mile.
|
|
32.
|
Sprinkling water on roads in the rabi reason.
|
15.00
|
30.00
|
per mile.
|
|
33.
|
Opium
|
27.20
|
54.40
|
per crop.
|
Annexure IV
[See rule 22(2) ]
Form of Application giving Notice of Circumstances to the Collector for Ordering Remission under Section 29(6) of the Himachal Pradesh Minor Canals Act, 1976 (Act
No. 42 of 1976
)
To
The Collector,........................................................
Sir,
In accordance with the provisions of sub-rule (2) of rule 22 of the Himachal Pradesh Minor Canals Rules, 1976, I/We whose particulars are given below, give the notice of the following circumstances, the existence of which is likely to cause the damage to my/our crops, being irrigated by the water course.......................being fed by...................source of water:-
(a) ..............................
(b) ..............................
(c) ..............................
The estimated damage is..................%.............of the normal produce of the crop of the land under irrigation. The particulars of the produce of the last two crops is as under:-
| | | |
| --- | --- | --- |
|
Name of crop
|
Produce accrued
|
Money value of the produce
|
(a) ...............................
(b) ...............................
The particulars of the crop and its location are given as under:-
| | | |
| --- | --- | --- |
|
(a) |
Name of crop.......................
|
|
|
(b) |
Cropping season....................
|
|
|
(c) |
Location of the land on which the
|
Area..............
|
|
|
crop is standing (with Khasra No.
|
Khasra No..............
|
|
|
and village etc. with patwar circle)
|
Village..............
|
|
|
|
Patwar Circle.
|
|
(d) |
Name of supply channel.................................
|
|
|
(e) |
Irrigation by over flow or lift..........................
|
|
|
(f) |
Number and names of share-holders in the damaged
crop.....................
|
|
|
(g) |
Particulars of general remission/concession
|
|
|
|
extended by the State Government with regard to the same
damage (if any)..........
|
|
|
(h) |
Steps taken to reduce the apprehended damage to the
crop...............
|
|
I/We certify that the information furnished above is true to the best of my/our knowledge and belief.
Date.....................
Signature of applicant or thumbimpression, if illiterate.
| | | | |
| --- | --- | --- | --- |
|
Serial No.
|
Name
|
Address
|
Signatures or thumb impression
|
|
65b93b83ab84c7eca86e8ae0 | acts |
State of Odisha - Act
-----------------------
The Orissa Laws Regulation, 1936
----------------------------------
ODISHA
India
The Orissa Laws Regulation, 1936
==================================
Act 1 of 1936
---------------
* Published on 1 January 1936
* Commenced on 1 January 1936
The Orissa Laws Regulation, 1936
Orissa Regulation 1 of 1936
A Regulation to declare the law in force in the State of Orissa.
Whereas it is expedient to declare the law in force in the State of Orissa, it is hereby enacted as follows :
### 1. Short title, extent and commencement.
(1) This Regulation may be called the Orissa Laws Regulation, 1936.
(2) Sections 3, 3-A, 7 and 13 of this Regulation extend to the whole of the State of Orissa except the districts of Angul and the Khondmals. The remaining sections extend the whole of that State except the said districts and the territories mentioned under the headings "I-In Ganjam" and "II-In Vizagapatam" in Part I of the First Schedule to the Scheduled Districts Act, 1874 (V of 1874).
(3) It shall come into force on the 1st day of April, 1936.
### 2. Definition.
- ln this Regulation the expression "areas transferred to Orissa" means areas transferred to the Province of Orissa by the Government of India (Constitution of Orissa) Order, 1936.
### 3. Cesser of the Madras District Police Act, 1859 and extension of the Police Act, 1861.
(1) The Madras District Police Act, 1859 (XXIV of 1859) shall cease to have effect and the Police Act, 1861 (V of 1861) shall take effect in the areas transferred to Orissa from the Presidency of Madras.
(2) All appointments, rules and orders made, powers and duties conferred or imposed and all other things done under the Madras District Police Act, 1859 (XXIV of 1859) shall be deemed, so far as may be, to have been respectively made, conferred, imposed or done under the Police Act, 1861 (V of 1861).
### 3A. Cesser of the Madras Abkari Act, 1886 and extension of the Bihar and Orissa Excise Act, 1915.
(1) The Madras Abkari Act, 1886 (Madras Act I of 1886) shall cease to have effect and the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915) shall take effect in the areas transferred to Orissa from the Presidency of Madras.
(2) All appointments, rules and orders made, powers and duties conferred or imposed and all other things done under the Madras Abkari Act, 1886 (Madras Act I of 1886) shall be deemed, so far as may be, to have been respectively made, conferred, imposed or done under the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915).
### 4. Cesser of the Madras Civil Courts Act, 1873 and the Central Provinces Courts Act, 1917, and extension of Agra and Assam Civil Courts Act, 1887.
(1) The Madras Civil Courts Act, 1873, and the Central Provinces Courts Act 1917, shall cease to extend and the Bengal, Agra and Assam Civil Courts Act, 1887, shall extend to the areas transferred to Orissa from the Presidency of Madras and the Central Provinces.
(2) Ail Courts constituted, appointments, rules and orders made, jurisdiction and powers conferred and other things done under the Madras Civil Courts Act, 1873, or the Central Provinces Courts Act, 1917, shall, so far as may be, be deemed to have been respectively constituted, made, conferred or done under the Bengal, Agra and Assam Civil Courts Act, 1887.
### 5. Cesser of Central Provinces Local-Self-Government Act, 1920 and extension of the Central Provinces Local Self Government Act, 1883.
(1) The Central Provinces Local Self-Government Act, 1920, shall cease to extend and the Central Provinces Local Self Government Act, 1883, is hereby extended to the areas transferred to Orissa from the Central Provinces.
(2) All notifications, orders, schemes, rules forms and by-laws issued, made or prescribed under the Central Provinces Local Self-Government Act, 1883, are hereby extended so far as they are applicable to the areas transferred to Orissa from Central Provinces.
(3) (a)
The areas transferred to Orissa from the Central Provinces shall for the purposes of the Central Provinces Local Self-Government Act, 1883, be deemed to be part of the district of Sambalpur and to be under the control and administration of the Sambalpur District Council.
(b) The Governor may nominate not more than three persons to be members of the Sambalpur District Council to represent the aforesaid areas and the persons so nominated shall, notwithstanding anything contained in the Central Provinces Local Self-Government Act, 1883, or the rules made thereunder, be deemed to be members of the Sambalpur District Council and shall hold office as such members until representatives of the said areas are elected, in accordance with the Central Provinces Local Self-Government Act, 1883, and the rules made thereunder.
### 6. Repeal of Section 3 of the Madras Deputy Collectors Act, 1914.
- Section 3 of the Madras Deputy Collectors Act, 1914, is hereby repealed.
### 7. Construction of certain enactments in force in the State of Orissa.
- Subject to the provisions of paragraphs 16 and 17 of the Government of India (Constitution of Orissa) Order, 1936, all enactments other than enactments repeated by this regulation made by any authority in British India and all notifications, orders, schemes, rules, forms and by-laws issued, made or prescribed under such enactments, which were immediately before the 1st day of April, 1936, in force in any of the areas comprised in the State of Orissa, in their application to such areas, be construed, as if references therein by whatever form of words to the authorities, territory or Gazette mentioned in Column 1 of the First Schedule were references to the authorities, territory or Gazettes respectively mentioned or referred opposite thereto in Column 2 of the said Schedule.
### 8. Certain provisions of law to be inapplicable to notifications, orders, etc.
- Nothing in any law in force in the State of Orissa which requires that the draft of any notification, order, scheme, rule, form or bye-law shall, before being made by the State Government be laid on the table of, or be approved by the House or Houses of State Legislature or which requires that any objections or suggestions made in any manner whatsoever by such House or Houses with respect to any such draft shall be considered by the State Government or which confers on a House or Houses of a State Legislature the power to make any modifications in any such draft, shall apply to any notification, order, scheme, rule, form or bye-law made or issued by the Government of Orissa.
### 9. Repeal of certain enactments.
- The enactments specified in the Second Schedule are hereby repeated.
### 10. Amendments of certain enactments.
- The enactments specified in the Third Schedule are hereby amended to the extent and in the manner mentioned in the Fourth Column thereof.
### 11. Extension of the application of certain enactments.
- The enactments specified in the Fourth Schedule are hereby extended to the areas specified in Fourth Column thereof.
### 12. Extension of application of notifications, orders, etc.
- AII notifications, orders, schemes, rules, forms and by-laws issued, made or prescribed under any of the enactments mentioned in Column 3 of the Fourth Schedule, are hereby extended, so far as the said notifications, orders, schemes, rules, forms and by-laws are applicable, to the areas respectively mentioned against such enactment in Column 4 of the said Schedule.
### 13. Disposal of pending revenue proceedings.
- Without prejudice to any provisions made in this behalf by or under the Government of India (Constitution of Orissa) Order, 1936, revenue proceedings pending immediately before the 1st day of April, 1936 (including cases where an appeal lies or will lie from a decision made or to be made), in or in respect of any of the areas transferred to Orissa shall, unless the State Government otherwise directs in any case, be continued and disposed of as if the said Order had not been made.
### 14. Savings.
- Save as otherwise provided by this Regulation, the repeal by this Regulation or any enactment shall not affect any Act or Regulation, in which such enactment has been applied, incorporated or referred to, and this Regulation shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand or any indemnity already granted, or the proof of any past act or thing ; nor shall this Regulation affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed.
Nor shall the repeal by this regulation of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.
### 15. Provisions as to modification made under Article 372 (2) of the Constitution.
- References in this Regulation by whatever form of words, to any Law in force immediately before the commencement of the Constitution of India shall, after such commencement, be construed as references to that law as adapted or modified under Clause (2) of Article 372 of the said Constitution.
First Schedule
[Section 7]
Construction of enactments
| | | | |
| --- | --- | --- | --- |
|
1. (a) |
The Local or Provincial Government or the Local
or Provincial Government of Madras or the Local or Provincial
Government of Bihar and Orissa or except in connection with any
revenue matter the Local or Provincial Government of the Central
Provinces
|
1. (a) |
The State Government of Orissa.
|
|
(b) |
The Governor or the Governor of Madras or the
Governor of Bihar and Orissa or the Governor of the Central
Provinces
|
(b) |
The Governor of Orissa.
|
|
2.
|
All officers and official bodies not mentioned
in the foregoing clauses (except the Treasurer of Charitable
Endowments) whose authority extended (whether exclusively or not
immediately before the commencement of the Government of India
(Constitution of Orissa) Order, 1936, over the territories or any
part of the territories mentioned in the First Schedule to the
Order as well as over other territories
|
2.
|
The same officers or official bodies, or such
other officer or official bodies, as the Governor of Orissa may,
by notification in theOfficial Gazetteunder paragraph 17
of the Government of India (Constitution of Orissa) Order, 1936,
direct.
|
|
3.
|
(a) The Presidency of Madras
|
3. (a) |
The areas separated from the Presidency of
Madras and forming part of the Province of Orissa.
|
|
|
(b) The Province of Bihar and Orissa
|
(b) |
The areas separated from Orissa the Province of
Bihar and Orissa and forming part of the Province of Orissa.
|
|
|
(c) The Central Provinces
|
(c) |
The areas separated from the Central Provinces
and forming part of the Province of Orissa.
|
|
4.
|
TheOfficial Gazetteor theOfficial
Gazetteof the Government of Madras, or theOfficial
Gazetteof the Government of Bihar and Orissa, or theOfficial Gazetteof the Government of the Central
Provinces, or the DistrictGazettepublished in the
districts of Ganjam and Vizagapatam.
|
4.
|
TheOfficial Gazetteof the Government of
Orissa.
|
Second Schedule
[See Section 9]
Enactments repealed
| | | |
| --- | --- | --- |
|
Year
|
Number
|
Subject or short title
|
|
1
|
2
|
3
|
|
PART-I
Bengal Regulation
|
|
1812
|
XVIII
|
The Bengal Leases and Land Revenue Regulation, 1812.
|
|
PART-II
Madras Regulations
|
|
1812
|
XIX
|
The Indian Civil Service (Madras) Loans Prohibition
Regulation, 1802.
|
|
1819
|
II
|
The Madras State Prisoners Regulation, 1819.
|
|
1881
|
V
|
The Madras Stamp Penalties Regulation, 1881.
|
|
PART-III
Act of the Governor-General in Council
|
|
1912
|
II
|
The Co-operative Societies Act, 1912.
|
|
PART-IV
Bengal Acts
|
|
1864
|
VII
|
The Salt Act, 1864
|
|
1878
|
I
|
The Bengal Salt Act, 1878.
|
|
1880
|
VI
|
The Bengal Drainage Act, 1880.
|
|
1895
|
III
|
The Land Records and Maintenance Act, 1895.
|
|
PART-V
Bihar and Orissa Acts
|
|
1816
|
II
|
The Bihar and Orissa Medical Act, 1916.
|
|
1922
|
V
|
The Bihar and Orissa Private Irrigation Works Act, 1922.
|
|
1922
|
VI
|
The Bihar and Orissa Minor Irrigation Works Act, 1922.
|
|
PART-VI
Madras Acts
|
|
1988
|
I
|
The Local Authorities Loans Act, 1888.
|
|
1914
|
IV
|
The Madras Medical Registration Act, 1914.
|
|
1920
|
IV
|
The Madras Children Act, 1920.
|
|
1923
|
V
|
The Madras State Aid to Industries Act, 1922.
|
|
1926
|
V
|
The Madras Borstal Schools Act, 1925.
|
|
1929
|
XI
|
The Madras Services Commission Act, 1929.
|
|
1931
|
V
|
The Madras Government Roads Traffic Control Act, 1981.
|
|
1934
|
X
|
The Madras Co-operative Land Mortgage Banks Act, 1934.
|
|
PART-VII
Central Provinces Acts
|
|
1915
|
II
|
The Central Provinces Excise Act, 1915.
|
|
1916
|
I
|
The Central Provinces Medical Registration Act, 1916.
|
|
1916
|
II
|
The Central Provinces Land Alienation Act, 1916.
|
|
1920
|
III
|
The Central Provinces Primary Education Act, 1920.
|
|
1922
|
I
|
The Local Authorities Loans (Central Provinces Amendment)
Act, 1922.
|
|
1922
|
II
|
The Central Provinces Municipalities Act, 1922.
|
|
1922
|
III
|
The High School Education Act, 1922.
|
|
1923
|
V
|
The Nagpur University Act, 1923.
|
|
1928
|
IX
|
The Central Provinces Borstal Act, 1928.
|
|
1928
|
X
|
The Central Provinces Children Act, 1928.
|
|
1929
|
I
|
The Opium (Central Provinces Amendment) Act, 1929.
|
|
1930
|
VII
|
The Co-operative Societies (Central Provinces Amendment) Act,
1930.
|
|
1932
|
I
|
The Central Provinces Motor Vehicles Taxation Act, 1932.
|
|
1933
|
IX
|
The Central Provinces Local Fund Audit Act, 1933.
|
|
1933
|
XII
|
The Central Provinces State Aid to Industries Act, 1933.
|
Third Schedule
[See Section 10]
Enactments Amended
| | | | |
| --- | --- | --- | --- |
|
Year
|
Number
|
Subject or short title
|
Amendments
|
|
1
|
2
|
3
|
4
|
|
PART-I
Bihar and Orissa Acts
|
|
1930
|
II
|
The Bihar and Orissa Motor Vehicles Taxation Act, 1930
|
After Section 13 the following shall be inserted, namely :
|
|
|
|
|
"13-A. Notwithstanding anything contained in this act, a
tax paid in respect of any motor vehicle under the Madras Motor
Vehicles Taxation Act, 1931, in respect of which a licence has
been granted under Sub-clause (1) of Clause (a) of Sub-section
(3) of Section 5 of the Madras Motor Vehicles Taxation Act,
1931, by Licensing Officer appointed for the whole or any part
of the areas transferred to Orissa from the Presidency of Madras
shall be valid throughout the whole of Orissa and shall be
deemed, so far as may be, to have been paid under this Act."
|
|
PART-II
Madras Acts
|
|
1931
|
III
|
The Madras Motor Vehicles Taxation Act, 1931
|
After Section 7 the following section shall be inserted,
namely :
|
|
|
|
|
"8. Notwithstanding anything contained in this Act, a
tax paid in respect of any motor vehicle for which a receipt has
been granted under Section 11 of the Bihar and Orissa Motor
Vehicles Taxation Act, 1930, by a Taxing officer appointed under
that Act for the whole or any part of the areas transferred to
Orissa from the Province of Bihar and Orissa or transferred to
Orissa from the Central Provinces shall be valid throughout the
whole of Orissa and shall be deemed, so far as may be to have
been paid under this Act."
|
Fourth Schedule
[See Section 11]
Enactments the application of which is extended
| | | | |
| --- | --- | --- | --- |
|
Year
|
Number
|
Subject or short title
|
Areas to which extended
|
|
1
|
2
|
3
|
4
|
|
PART-I
Bengal Regulations
|
|
1793
|
XXXVIII
|
The Indian Civil Service (Bengal) Loans Prohibition
Regulation, 1793
|
The areas transferred to Orissa from the Presidency of Madras
and the Central Provinces
|
|
1818
|
III
|
The Bengal State Prisoners Regulation, 1818
|
The areas transferred to Orissa from the Presidency of Madras
|
|
1823
|
VII
|
The Indian Civil Service (Bengal) Loans Prohibition
Regulation, 1823
|
The areas transferred to Orissa from the Presidency of Madras
and the Central Provinces
|
|
PART-II
Bihar and Orissa Acts
|
|
1915
|
II
|
The Bihar, and Orissa Excise Act, 1915
|
The areas transferred to Orissa from the Central Provinces
|
|
1923
|
VI
|
The Bihar and Orissa State aid to Industries Act, 1923
|
The areas transferred to Orissa from the Presidency of Madras
and the Central Provinces.
|
|
1926
|
III
|
The Bihar and Orissa Highways Act, 1926
|
The areas transferred to Orissa from the Presidency of Madras
and the Central Provinces
|
|
1930
|
II
|
The Bihar and Orissa Motor Vehicles Taxation Act, 1930
|
The areas transferred to Orissa from the Central Provinces.
|
|
65ba7406ab84c7eca86eb67b | acts |
Union of India - Act
----------------------
The International Finance Corporation (Status, Immunities and Privileges) Act, 1958
-------------------------------------------------------------------------------------
UNION OF INDIA
India
The International Finance Corporation (Status, Immunities and Privileges) Act, 1958
=====================================================================================
Act 42 of 1958
----------------
* Published on 17 October 1958
* Commenced on 17 October 1958
The International Finance Corporation (Status, Immunities and Privileges) Act, 1958
ACT NO. 42 OF 1958
### 1354. The International Finance Corporation has been established by an International Agreement to which India is a signatory. Article V of that Argeement provides for the granting to the Corporation and its officials and employees certain status, immunities and privileges in the territories of each member country. Section 10 of this Article requires each member country to take such action as is necessary in its own territories for the purpose of making effective in terms of its own law, the principal set forth in the Article. In pursuance thereto several member countries have already enacted necessary legislation in this behalf. By this Bill, it is proposed to enact similar legislation to give effect to the provisions, of the said Article VI of the International Agreement. - Gazette of India, 1958, Ext., Pt. II, Section 2, page 986.
[17th October, 1958.]
An Act to implement the international agreement for the establishment and operation of the International Finance Corporation in so far as it relates to the status, immunities and privileges of that Corporation, and for matters connected therewith.
BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:--
### 1. Short title and extent.
(1) This Act may be called the International Finance Corporation (Status, Immunities and Privileges) Act, 1958.
(2) It [extends]
[Extended to the Union territory of Pondicherry by Act 26 of 1968, Section 3 and Schedule.]
to the whole of India.
### 2. Definitions.
- In this Act, unless the context otherwise requires,--
(a) "Agreement" means the Agreement for the establishment and operation of the international body known as the International Finance Corporation;
(b) "Corporation" means the International Finance Corporation established under the Agreement.
### 3. Conferment of status and certain immunities and privileges on the Corporation and conferment of certain immunities and privileges on its officers and employees.
(1) Notwithstanding anything to the contrary contained in any other law, the provisions of the Agreement set out in the Schedule shall have the force of law in India:
Provided that nothing in Section 9 of Article VI of the Agreement shall be construed as--
(a) entitling the Corporation to import into India goods free of any duty of customs without any restriction on their subsequent sale therein; or
(b) conferring on the Corporation any exemption from duties or taxes which form part of the price of goods sold; or
(c) conferring on the Corporation any exemption from duties or taxes which are in fact no more than charges for services rendered.
(2) The Central Government may, from time to time, by notification in the Official Gazette, amend the Schedule in conformity with any amendments duly made and adopted, of the provisions of the Agreement set out therein:
Provided that any notification issued under this sub-section shall be laid for not less than thirty days before each House of Parliament as soon as may be after it is issued and shall be subject to such modifications as Parliament may make during the session in which it is so laid or the session immediately following.
### 4. Power 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) All rules made under this Act shall be laid for not less than thirty days before each House of Parliament as soon as may be after they are made and shall be subject to such modifications as Parliament may make during the session in which they are so laid or the session immediately following.
Schedule 1
------------
PROVISIONS OF THE AGREEMENT WHICH SHALL HAVE FORCE OF LAW:
ARTICLE III
Section 1. Financing Operations.The Corporation may make investments of its funds in productive private enterprises in the territories of its members. The existence of a Government or other public interest in such an enterprise shall not necessarily preclude the Corporation from making an investment therein.
Section 2. Applicabilities of certain Foreign Exchange Restrictions.Funds, received by or payable to the Corporation in respect of an investment of the Corporation made in any member's territories pursuant to section 1-of this Article shall not be free, solely by reason of any provision of this Agreement, from generally applicable foreign exchange restrictions, regulations and controls in force in the territories of that member.
ARTICLE VI
STATUS, IMMUNITIES AND PRIVILEGES
Section 1. Purposes of Article.To enable the Corporation to fulfil the functions with which it is entrusted, the status, immunities and privileges set forth in this Article shall be accorded to the Corporation in the territories of each member.
Section 2. Status of the Corporation.The Corporation shall possess full juridical personality and, in particular, the capacity:
(i) to contract:
(ii) to require and dispose of immovable and movable property;
(iii) to institute legal proceedings.
Section 3. Position of the Corporation with regard to Judicial Process.Actions may be brought against the Corporation only in a Court of competent jurisdiction in the territories of a member in which the Corporation has an office, has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities. No actions shall, however, be brought by members or persons acting for or deriving claims from members. The property and assets of the Corporation shall, where so ever located and by whomsoever held be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the Corporation.
Section 4. Immunity of Assets from Seizure.Property and assets of the Corporation, wherever located and whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of seizure by executive or legislative action.
Section 5. Immunity of Archives.The Archives of the Corporation shall be inviolable.
Section 6. Freedom of Assets from Restrictions.To the extent necessary to carry out the operations provided for in this Agreement and subject to the provisions of Article III, section 5, and the other provisions of this Agreement, all property and assets of the Corporation shall be free from restrictions regulations, controls and moratoria of any nature.
Section 7. Privilege for Communications.The official communications of the Corporation shall be accorded by each members the same treatment that it accords to the official communications of other members.
Section 8. Immunities and Privileges of Officers and Employees.All Governors, Directors, Alternates, Officers and Employees of the Corporation-
(i) shall be immune from legal process with respect to acts performed by them in their official capacity;
(ii) not being local nationals, shall be accorded the same immunities from immigration restrictions, alien registration requirements and national service obligations and the same facilities as regards exchange restrictions as are accorded by members to the representatives, officials and employees of comparable rank of other members;
(iii) shall be granted the same treatment in respect of travelling facilities as is accorded by members to representatives; officials and employees of comparable rank of other members.
Section 9. Immunities from Taxation.(a) The Corporation, its assets, property, income and its operations and transactions authorised by this Agreement, shall be immune from all taxation and from all customs duties. The Corporation shall also be immune from liability for the collection or payment of any tax or duty.
(b) No tax shall be levied on or in respect of salaries and emoluments paid by the Corporation to Directors, Alternates, officials or employees of the Corporation who are not local citizens, local subjects, or other local nationals.
(c) No taxation of any kind shall be levied on any obligation or security issued by the Corporation (including any dividend or interest thereon) by whomsoever held-
(i) which discriminates against such obligation or security solely because it is issued by the Corporation; or
(ii) if the sole jurisdictional basis for such taxation is the place or currency in which it is issued, made payable or paid, or the location of any office or place of business maintained by the Corporation.
(d) No taxation of any kind shall be levied on any obligation or security guaranteed by the Corporation (including any dividend or interest thereon) by whomsoever held-
(i) which discriminates against such obligation or security solely because it is guaranteed by the Corporation: or
(ii) if the sole jurisdictional basis for such taxation is the location of any office or place of business maintained by the Corporation.
Section 10. Waiver.The Corporation in its discretion may waive any of the privileges and immunities conferred under this Article to such extent and upon such conditions as it may determine.
|
65b9cdb1ab84c7eca86ea058 | acts |
State of Madhya Pradesh - Act
-------------------------------
M.P. Civil Court Rules, 1961
------------------------------
MADHYA PRADESH
India
M.P. Civil Court Rules, 1961
==============================
Rule M-P-CIVIL-COURT-RULES-1961 of 1961
-----------------------------------------
* Published on 13 April 1961
* Commenced on 13 April 1961
M.P. Civil Court Rules, 1961
In exercise of the powers conferred by Article 227 of the Constitution of India read with Section 23 of the Madhya Pradesh Civil Courts Act, 1958, and all other powers enabling, and in supersession of the existing rules in force in Civil Courts in any part of the Madhya Pradesh, the following rules relating to Court-hours, Cause Lists, Pleadings, Petitions, Presentation, Registration etc., and Explanation of Plaints have, with the previous approval of the Governor, been made by the High Court of Madhya Pradesh, Jabalpur, and are published for general information.
### 2. These rules shall come into force on the 19th June, 1961.
Part I – Rules Relating To The Civil Procedure Code
-----------------------------------------------------
Chapter I
Court-Hours, Cause Lists, Pleadings, Petitions, Etc.
-------------------------------------------------------------------
### 1. General
### 1. (1) The ordinary hours of sitting, for all Courts shall be 11 a.m. to 5 pagem.
(2) There shall ordinarily be an interval (not exceeding half an hour) at about 2 p.m.
### 2. (a) The judicial work of the day shall be taken up punctually at 11 a.m. and shall have precedence over all other work. In no circumstances are presiding Judges to permit their administrative or departmental work to interfere with the strict observance of this rule.
(b) Administrative or departmental work shall be done either before the sitting or after the rising hour or after the disposal of the day's judicial work should it occur earlier. On days when the administrative work to be done heavy presiding Judges may rise half an hour earlier for the purpose.
### 3. Ordinarily no case should be taken up on a holiday without the consent of both parties where parties alone are concerned and without the consent of witnesses in attendance who are proposed by the parties to be examined on such a holiday. Summons for first hearing should never be for a holiday.
### 4. If Court work is commenced punctually at 11 a.m., it will seldom be necessary to continue the hearing of case after 5 p.m. When the examination of a witness is proceeding at 5 p.m. the Court should decide whether his examination should continue or be postponed till next day. Ordinarily, the examination of a fresh witness should not be begun after 5 p.m., but this may be done when it tends to the greater convenience of parties and witnesses in attendance or when the Court considers that the ends of justice will be served thereby. Addresses of legal practitioners should not be heard after 5 p.m. unless they desire it. In deciding what cases should have precedence in the day's proceedings, tire advisability of given precedence to cases in which parties and witnesses come from a distance should be taken into consideration.
### 5. (1) The working hours in every judicial office shall be from [10.30 a.m. to 5 p.m.]
[Amended vide Corrigendum vide Notification No. 3473-III-1-5-57, dated 13-4-61, published in M.P. Gazette, Part IV (Ga) dated 28-4-1961 at page 266.]
(2) It is the duty of every Judge to insist on the punctual attendance of all members of tire establishment at the hour prescribed by this rule, on the entry in the attendance register of the hour of arrival of each member, and on the prompt and regular despatch of all official business.
Note 1. - Permission should be given for one hour on Fridays to such Muhammadan officials as ask for it to say their Juma prayers on the clear understanding that they would work an extra hour to make up for this time.
[Government of Madhya Pradesh General Administration Department Memo No. 1650-CR-1703/1 (R) , dated the 8th March, 1958].
Note 2. - (a) At the headquarters of a civil district, the Clerk of Court and at outlying stations, the Reader to the senior Judge is generally responsible for seeing that ministerial officers attend punctually at the prescribed hour, and that they commence work promptly and do not leave before the hour fixed, or, if their work is not up-to-date, until they receive permission to leave. The attendance register should be submitted punctually at 11.10 a.m. to the Clerk of Court or Reader, as the case may be, who should mark in red ink any official's late attendance. The register shall then be laid every day before the senior Additional District Judge at Headquarters or the senior Judge at an outstation for his signature.
(b) The register shall be destroyed after one year from the date of last entry therein.
### 6. The following instructions shall be followed in making entries in the judicial diary prescribed under Rule 415 :
(1) Each case fixed for any day shall be entered in advance immediately upon a date or adjourned date being fixed, such entry showing the purpose for which it is set down on each date. The cases should be classified in such a manner as to show at a glance the nature of work fixed for the particular day. The classification might be-
A. Suits
(i) For final disposal at first hearing.
(ii) For ex-parte evidence.
(iii) For evidence after issues.
(iv) For settlement of issues.
(v) For delivery of judgement.
B. Executions
(i) Ordinary.
(ii) Objections.
C. Miscellaneous
(i) For first hearing.
(ii) For evidence.
(2) The progress made in each case during the day shall, immediately the hearing concludes, be briefly noted in the third column by the Judge or by the Court Reader as may be found convenient. The hours between which evidence was recorded and the number of witnesses examined should be noted in the second and third columns, respectively, against each case.
(3) On no account should any page of the diary be tom or any entry erased. Necessary corrections should be made in red ink.
(4) The diary shall be placed on the Judge's table as soon as the Court opens. The Judges shall, with his own hand, enter the time of sitting and rising and shall also record a brief note of explanation for late sitting or early rising. The diary shall be signed by the Judge every day after careful scrutiny when the entries therein are complete.
(5) When full, the diary shall be retained in Court and destroyed after two years from the date of the last entry therein.
### 7. (1) Each case must be entered in the cause list prescribed under Rule 415 as soon as a date is fixed for hearing. The cause list must show the date for which the case has been fixed and for what purpose. A separate cause list should be maintained for execution proceedings.
(2) The cause list must be written in the language of the Court and shall be fastened on a board, kept, during office hours, in a conspicuous place, either within or without the Court-room accessible to the general public so that all parties and their counsels may be able to see at a glance what cases are fixed for each day and for what purpose.
(3) There should be a separate list for every month. The paper should be ruled for the whole month. Sundays and gazetted holidays being noted and sufficient blank space being left for each working day for which no cases or a small number of cases have been fixed. Whenever a case is fixed for hearing, it will be inserted against the proper date. As each case is called and heard the entry relating to it will be scored out. The Reader of the Court will be held responsible that this is regularly done.
(4) In column 6 it must invariably be noted what was done in the case on the day appointed, so that every case may be traceable in the list from the first date fixed for hearing until the date of disposal. The result of the cases disposed of should also be clearly noted in that column.
(5) Completed cause lists should be preserved in Court for reference so that any inspecting officer may be able to see at a glance how the work was disposed of.
(6) The list shall be destroyed after one year from the date of the last entry therein.
### 8. (a) Hindi written in Devnagri script shall be the language of the Civil Courts, subject to such exemptions as may be notified by the State Government from time to time.
(Attention is drawn to Education Department Notification No. 2309-XX-CC dated the 31st July, 1958, in which the following, among other exemptions, have been mentioned as regards Civil Court-
(i) recording depositions of expert witnesses;
(ii) judgements and orders in all Civil Courts;
(iii) matters falling under sub-section (3) of Section 137 of the Code of Civil Procedure, 1908].
(b) With the permission of the presiding Judge any advocate or pleader may address the Court in English, when the opposite party is represented by a counsel or is acquainted with that language and consents to this being done.
### 9. For sealing writs, decrees, processes, sale certificates, certificates of non-satisfaction of decrees and copies, etc., the regular seal of the Court shall be used by all judicial officers.
[For description of seal, see Law Department Notification No. 8/7375-XXI-B, dated the 1st January, 1959, issued under Section 22 of the Madhya Pradesh Civil Courts Act, 1958 (Act III of 1958) read with High Court Memorandum No. 8890, dated the 25th July, 1959].
### 9A. In exercise of the powers conferred by sub-rule (4) of Rule 4 of Order III, First Schedule, to the Code of Civil Procedure, the High Court is pleased to direct that an advocate or pleader shall not accept a document of his appointment as such from a person who is unable to write his name, unless it is attested by a literate person in the following form :
"I, A.B. hereby attest the mark of C.D., who is known to me and who affixed this mark in my presence, declaring that he thereby appointed E.F. advocate/pleader, to act for him in the above named case.
Date......................
Signature........."
If the person is unable to have the document so attested it may be accepted in Court in the presence of the presiding Judge who should endorse thereon that the document was accepted in his presence.
### 9B. The use of rubber stamps in judicial orders for signatures required to be made by any law or rules is forbidden
### 2. Pleadings, Petitions and Affidavits A. - Pleadings, Petitions, Etc.
### 10. All pleadings, memoranda of appeal, petitions, affidavits, applications and papers of a similar nature to be presented to a Court shall
(i) written, type-written, or printed fairly and legibly on white foolscap size paper of reasonable quality. One side of the paper only shall be used, leaving a quarter margin on the left and at least one and a half inches of open space at the top and bottom of each sheet;
Note - Pleadings and other papers which do not conform with the above rule should be returned for rewriting.
(ii) verified strictly in the manner required by Order VI, Rule 15, Civil Procedure Code, where verification is required;
(iii) couched in proper language and in conformity with rules and in the forms prescribed, if any;
(iv) dated and signed by the person presenting and also, where necessary, by such other person as may by law be required to sign them;
(v) signed by the scriber or typist who shall state the capacity in which he writes or types them. If he is a licensed petition writer he shall affix his seal and also state the serial number which they bear in his register.
### 11. The registered address required to be filed under Rules 19 and 20 of Order VII and Rule 11 of Order VIII, shall contain the following particulars:
(i) the name of the street, lane or municipal ward and the number of the house, if any;
(ii) the name of the town or village;
(iii) the post office; and
(iv) the tahsil and the district.
Note 1. - The address shall be within the local limits of the Civil District in which the suit or petition is filed, or if an address within the limits of such Civil District cannot conveniently be given, within the local limits of the Civil District in which the party ordinarily resides.
Note 2. - It is open to the Court to dispense with the filing of a registered address in cases decided on admission of claim or when the defendant makes no defence. When a defence is made and the defendant is poor and ignorant the Court shall exercise its discretion in deciding whether or not the defence should be struck out. These instructions, however should not be construed as permitting laxity in the enforcement of the useful provisions of the rules requiring the filing of registered addresses.
### 12. It should be clear in every plaint or memorandum of appeal how the valuation has been calculated. Where this is not so or where it appears to the officer receiving and examining the plaint or memorandum of appeal that there is manifest under-valuation, the plaint or memorandum of appeal shall be placed before the presiding Judge for order, The subject is further dealt with in Appendix II to Part V.
### 13. (1) Every petition shall state concisely and clearly
(a) the facts, matters and circumstances upon which the applicant relies;
(b) the matter of complaint, if any, and the relief sought or the prayer made;
but not arguments or any irrelevant matter.
Note. - (1) Petitions containing argumentative matter (e.g., quotations and discussions of the effect of certain sections of Acts, or of certain ruling of the High Courts, etc.) or statements which are irrelevant to the matter in hand should be returned to applicants without any order except an endorsement that the application is returned.
(2) Separate petitions shall be made in regard to district subject-matters
(3) A petition must not contain more than one prayer or one series o alternative prayers of the same kind.
Illustration. - Application may be made by one petition for warrant of arrest against a recusant witness or for a proclamation for his appearance or for a notice to show cause against fine or non-appearance, but not in that petition for local investigation, or a commission to examine a witness, or amendment of plaint.
(4) Every interlocutory application or petition filed in a suit or proceeding valued at Rs. 50 or less shall clearly state the fact that it is so valued in order to enable proper check to be made of the Court fee paid.
(5) Every interlocutory application or petition, other than one which under Rule 418 is to be registered as Miscellaneous Judicial Case, shall be given by the Reader a serial number in the chronological order of its presentation in the suit or proceedings. This number shall be entered in red ink at the head of the application or petition as follows : The first interlocutory application or petition in the particular suit or proceedings will be endorsed "Interlocutory Application (or Petition) No. 1, the second "Interlocutory Application (or Petition) No. 2", and so on. The number so given shall also be entered by the Reader in the margin of the order-sheet against the entry relating to the presentation of such application or petition.
### 14. (1) Every interlineation, erasure or correction in a petition or pleading shall be initiated by the party or recognised agent or pleader presenting it, and by the officer of the Court to whom it is presented. In the case of an affidavit, such authentication shall be made by the initials of the officer administering the oath. Numbers should be expressed in figures, and when Indian dates are given in any pleading, petition, affidavit, etc., they should be followed by the corresponding English dates and dates according to National Calendar.
Note. - The initialling by the officer should ordinarily be done at the time of presentation. But if this is not possible on account of heavy filing of plaints on a particular day, the initialling should be done at any time before registration.
(2) When a figure is to be corrected it shall be cancelled by drawing a pen across it in such a manner that it may remain distinctly legible, the substituted figure shall be written above, below, or by the side of the cancelled figure, and the alteration shall be attested by the initials of the person making it. The practice of erasing, obliterating and changing into other figures, the figures to be corrected, is strictly prohibited.
### 15. (1) In every pleading, petition etc., names of parties should bear consecutive numbers and a separate line should be allotted to the name and description of each person.
(2) These numbers should not be changed, and in the event of death of a party during pendency of the suit or proceeding his heirs or representatives, if more than one, should be shown by sub-numbers. Where fresh parties are brought in, they are to be numbered consecutively to the plaintiffs or defendants, as the case may be, already in the suit. Where any party whose name is entered in the register of suits dies or fresh parties are added, the necessary correction should be made in the register forthwith.
Note. - When heirs or representatives of deceased parties are brought on record by an appellate Court during the pendency of an appeal or by the original Court after the decree has been transferred for execution to another Court, the appellate or original Court, as the case may be, shall instruct the trial Court to which the decree has been transferred to make the necessary changes in the Civil Suit Register or the Register of Decrees, as the case may be.
### 16. The Court should satisfy itself as to the identity of every person presenting a pleading, affidavit or petition.
### 17. In contested original suits, no written statement, list of documents, or application which the Judge may consider material shall be filed, unless copies thereof have been previously served on the pleader for each set of parties whose interests are not joint. Pleader served with such copies shall give a receipt on the original written statement, list or application. The Copies shall be authenticated by the signatures of the pleaders of the parties on each page on the bottom left hand margin.
### 18. A call for urgent applications shall be made by Courts administering affidavits at 11 a.m. and 2.00 p.m. along with the call for affidavits, and by the other Courts at 2 p.m. Petitions should always be taken in open Court, and usually at the commencement of the daily sitting of the Court. The majority of petitions can be disposed of by an order passed in Courts as soon as they are necessary before an order can be made, petitions should, unless they are of an exceptionally urgent nature, be brought up with such record or papers on the following working day and orders should then be passed in Court.
### 19. No document or proceeding which requires to be presented to or filed in Court shall be acted upon by the Court where there is a reference to the record or to other papers if it is sent by post or telegraph. The Court, however, has discretion to accept, if sent by a post, a document not required to be so filed in or presented to the Court.
B-Affidavits
### 20. All Courts dealing with affidavits should make calls for affidavits at 11 a.m. and 2 p.m. every day. If the Clerk of Court or other ministerial officer is appointed a Commissioner for administering oath of affidavits, he will discharge that function at such time as may be fixed by the District Judge in this behalf.
### 21. (1) Every affidavit to be used in a Court of Justice shall be entitled "In the Court of........" naming such Court.
(2) If there be a cause in Court, the affidavit in support of, or in opposition to, an application respecting it must also be entitled in the cause.
(3) If there be no cause in Court, the affidavit shall be entitled "In the matter of the petition of........".
### 22. Every affidavit shall be drawn up in the first person and divided into paragraphs, numbered consecutively, and each paragraph as nearly as may be, shall be confined to a distinct portion of the subject.
### 23. Every person, other than a plaintiff or defendant in a suit in which the application is made, making any affidavit shall be described in such manner as shall serve to identify him clearly; and where necessary, for this purpose, the affidavit shall contain his full name, age, father's name, profession or trade and true place of residence, and shall be subscribed either with his signature in his own hand or his finger impression.
### 24. Unless it be otherwise provided, an affidavit may be made by any person having cognizance of the fact deposed to Two or more persons may join in any affidavit, each shall depose separately to facts which are within his knowledge, and such facts shall be stated in separate paragraphs.
### 25. When the declarant in any affidavit speaks to any fact within his ' own knowledge, he must do so directly and positively, using the words I affirm" (or "make oath") "and say".
### 26. Every affidavit should clearly express how much is a statement of declarant's knowledge and how much is a statement made on his information or belief and must also state the sources or ground of the information or belief with sufficient particularity.
Note. In case of affidavits under Order XXXII, Rule 4 (A) (3), the officer before whom such affidavits are sworn, should see that the words "and that he (she) is a fit person to be so appointed" are always inserted in the affidavit by the deponent. The affidavit should also state-
(i) whether the minor has an appointed guardian or declared guardian and if so, who that person is;
(ii) if not, who the natural guardian is and in the absence of a natural guardian, who actually has the custody of the minor;
(iii) where any person other than one of the above is proposed as guardian for the suit, the reason for not proposing the person omitted.
### 27. (1) When a particular fact is not within the declarant's own knowledge, but is stated from information obtained from others, the declarant must use the expression "I am informed" and, if such be the case, should add "and varily believe it to be true"; and he must also state the source or ground of the information, or belief, and the name and address, with sufficient description for the purpose of identification of the person or persons from whom he received such information. When the statement rests on facts disclosed in documents or copies of documents, procured from any Court of Justice or other source, the declarant shall state what is the source from which they were procured and his information, or belief as to the truth of the facts disclosed in such document.
(2) Documents (other than those on the records of the case) referred to in the affidavit shall, as far as possible, be annexed to it.
### 28. All erasures, errors, interlineations, etc., in the affidavit shall be legibly initialled and dated by the deponent.
### 29. (1) Subject to the exceptions set out in sub-rule (2) below, the charge for administering the oath to the deponent shall be one rupee for each affidavit and this charge shall be paid by means of court-fee stamp affixed to the affidavit.
(2) No charge shall be made in respect of the following affidavits :-
(i) Affidavits made by process-servers deposing as to the manner of the service of a process;
(ii) Affidavits made by public officers in virtue of their office.
[High Court of Madhya Pradesh Notification No. 3294, dated the 17th March, 1959]
### 30. If the deponent is not personally known to the officer administering the oath he shall be identified by some person whom that officer does know, otherwise by at least two respectable witnesses which person or witnesses shall sign the endorsement prescribed by Rule 34 below.
### 31. Where the deponent is a pardanashin woman, she shall be identified by a person to whom she is known and before whom she is accustomed to appear unveiled and such person shall sign the endorsement prescribed by Rule 34 below.
### 32. (1) The Officer shall, before administering the oath, ask the deponent if he has read the affidavit and understands the contents thereof and if the latter states that he has not read it, or appears not fully to understand the contents thereof, or appears to be blind, illiterate or ignorant of the language in which it is written, the Officer administering the oath shall read and explain or cause some other competent person to read and explain in his presence, the affidavit to the deponent in a language which both the deponent and the officer administering the oath understand.
(2) When an affidavit is read, translated or explained as herein provided, the officer administering the oath shall certify in writing at the foot of the affidavit that it has been so read, translated or explained in his presence and that the deponent seemed perfectly to understand the same at the time of making the affidavit and made his signature or finger impression in the presence of the officer; otherwise the affidavit shall not be used in evidence.
### 33. The Court or a Judge may order to be struck out from any affidavit any matter which is scandalous and may order the costs of any application to strike out such matter, if granted, to be included in the costs payable by the offending party.
### 34. The Officer administering the oath shall make the following endorsement on every affidavit sworn before him and shall date, sign and seal the same :
"Sworn before me on the..........day of.........20.........by...........son of .......who is personally known to me (or) who has identified by........whose signature is/signatures are hereto appended.
Signature
Designation"
Seal
A rubber stamp may be used for the form of this endorsement. In addition, the particulars required by Rule 32 (2) shall, where necessary, be added in manuscript and dated, signed and sealed by the officer administering the oath.
### 35. In administering oaths and affirmations to deponents the following form should be used :-
"Oath :
I swear that this any declaration is true, that it conceals nothing, and that no part of it is false. So help me God.
Affirmation
I solemnly declare that this my declaration is true, that it conceals nothing, and that no part of it is false".
### 36. The Court should be careful to enforce Order XIX, Rule 3, and except in interlocutory applications [see Order XIX, Rule 2] to confine the contents of affidavits to such facts as the declarant is able to prove of his own knowledge, and to refuse statements founded on mere belief.
Chapter II
Presentation, Registration, etc. and Examination of Plaints
---------------------------------------------------------------------------
### 37. Plaints should be presented at any time during the Court hours specified in Rule 1 to the Court or to such office as the Court appoints in this behalf by an order in writing (Order IV, Rule 1). A ministerial officer so appointed shall be the chief ministerial officer for the purpose of Order VII, Rule 9 (4) .
Note 1. - At the headquarters of a civil district the officer to be so appointed should either be the Clerk of Court or the Deputy Clerk of Court or such other officer as the District Judge may think fit. It should be borne in mind that each individual Court must record an order in writing for this purpose and a general order by the District Judge is not sufficient.
Note 2. - This rule applies also to memoranda of appeal and applications [Order XIV, Rule 1 (1) , and Order XXI, Rule 10],
### 37A. The official whose duty it is to receive plaints, applications, etc., should endeavour to check them immediately and obtain forthwith the necessary corrections, if any. If circumstances preclude immediate checking, he should not detain the tenderer but should inform him of a time and date for his attendance. Such date should not be more than two working days ahead except in the case of plaints, etc., where accounts have to be checked. In such cases, the date fixed must be either within two working days or at the latest on the last working day of the week. When a time and a date are fixed these should be entered on an order-sheet attached to the document tendered. At outstations the presiding Judge and at headquarters a Judge appointed for this purpose by the District Judge should, at least one or two days in a week at the time of the rising of the Court, inspect the documents pending with the reception officer under this rule to see that there is no delay and should note the fact of this inspection in his Judicial Diary.
The Reception Officer is Forbidden to Refuse to Receive Plaints, Applications Etc., Presented to Him on The Ground that he is not Able at The Time to Check them
### 38. The officer receiving the plaint shall examine it in order to find out whether all the requirements of law have been complied with. This examination should be directed to ascertaining among other things -
(i) Whether the plaint has been properly stamped in accordance with the valuation put upon it. (See in this respect the instructions in. Appendix II to Part V).
(ii) Whether it has been properly signed and verified (Order VI, Rules 14 and 15).
(iii) Whether it complies with the requirements of Order VII, Rules 1 to 80.
(iv) Whether in the case of recovery of land it sets out sufficient specification of the land claimed, i.e., if an entire plot or field, to which a separate survey number has been assigned is claimed, whether the plaint states that survey number and its area, or, if a portion only of such a survey number is claimed, whether the plaint defines specifically the area claimed and its position and boundaries are clearly shown in the map filed with the plaint.
(v) Whether it is accompanied by the necessary copies of plaint and process fees [Order IV, Rules 1 (1) and 1 (2)].
(vi) Whether the documents attached to the plaint (if any) are accompanied by a list in the prescribed form [Order VII, Rule 9 (1)].
(vii) Whether it is accompanied by plaintiff's registered address as required by Order VII, Rule 19.
(viii) Whether in the case of minor plaintiff and defendants the requirements of Order XXXII, Rules 1 and 3, have been complied with and the necessary application supported by an affidavit verifying the fitness of the proposed guardian ad litem of the minor defendant(s) has been filed.
(ix) Whether the suit is within the pecuniary and territorial jurisdiction of the Court.
(x) Whether the claim is apparently within time.
(xi) Whether the power of attorney has been properly accepted and endorsed by the pleader and whether in the case of illiterate executants it has been attested as required by Rule 9-A.
### 39. (1) The officer after examining the plaint shall record his opinion on it in the following form.:
"Presented on........by ......... properly drawn up, apparently within time and properly stamped."
He will then, where necessary, enter it in his register of plaints and applications received (No. 11-78) and transmit it to the Court concerned.
Note. - This rule applies also to memoranda of appeal and applications.
(2) The register shall be destroyed after three years from the date of the last entry made therein.
(3) The officer examining the plaint shall refer any plaint which he considers should be returned or rejected for any reason for the orders of the Judge.
### 40. A plaintiff may, if he so desires, attach to his plaint an acknowledgement slip in the form given below after filling columns (1) to (3) thereof. The Officer, receiving the plaint, shall, after verifying the entries in columns (1) to (3), make the requisite entry in column (4) and return the slip forthwith to the person presenting the plaint. The presiding officer of the Court shall satisfy himself, from time to time, that such slips are returned to the parties without delay :
Acknowledgment Slip
| | | | |
| --- | --- | --- | --- |
|
Name and address of the party presenting the
plant, memorandum of appeal, or application
|
Particulars of the document presented together
with the names of parties
|
Description of the Court in which the document is
filed
|
Date of receipt and signature of the Officer
receiving the document
|
|
(1) |
(2) |
(3) |
(4) |
|
|
### 41. A plaint on admission shall be registered in the register of civil suits and entered in the judicial diary' and cause list. Ordinarily registration should be within two days of the date of admission.
[Chapter III]
[Rules in Chapters III to VII substituted vide Notification No. 4806-III-1-5-57, dated 23-5-1961, Published in M.P. Rajpatra, Part IV (Ga) , dated 2-6-1961 at page 346.]
Service of Processes and Work in the Nazarat
### 1. Processes and Their Service A. General
### 42. (1) The attention of all Courts is drawn to the necessity for the exercise of care in the drafting of processes and orders of all descriptions.
(2) Every process or order issued by a judicial officer should show the name and description of the officer and the place and district of issue.
(3) All copies of plaints and other documents which are to be served with processes shall be written or typed legibly on durable paper of foolscap size. If carbon copies are filed they must be distinct and legible.
### 43. (1) Unless the Court otherwise directs the hour of attendance to be entered in every summons or process shall be 10-30 a.m.
(2) Summonses to expert witnesses and professional witnesses, such as registered Medical Practitioners, should mention the time when the Court is likely to examine the witnesses and should, as far as practicable, record their evidence at about the time so mentioned.
### 44. Processes should ordinarily be issued in the language of the Court, but where processes are sent for service to another Court where the language is different, they should be accompanied by a translation into English, certified by the transmitting Court to be correct.
Note. - Processes issued to European and Anglo-Indians should be in English.
### 45. Persons on whom processes are to be served or executed shall be described so as to identify them clearly. In the case of small villages it may be sufficient to mention the name of the village, tahsil and district in which the person resides and his father's name and occupation. But in the case of large villages and towns the name of the locality, municipal ward, sheet, lane and number of the house (if any) in which he resides should be given.
### 46. (1) Process-fee must be paid in court-fee stamps and not in cash The stamps shall be affixed to a memorandum to be written on a sheet of paper and filed in Court. The memorandum should state the name of the Court, number and description of the suit, appeal or proceedings, the value of the claim, the value of the court-fee stamps affixed, and details of the processes to be issued. If the memorandum be an application for the issue of a process, it must, in addition to the requisite stamps for the process-fee, bear such stamps as are necessary for its own validity.
Note. - In dealing with application to summon witnesses the attention of Courts is drawn to clause XIV of Section 19, Court-fees Act. (See also Appendix II to Part V).
(2) If a party presents in duplicate a memorandum for the issue of a process and desires that the process-writer should acknowledge it, the latter shall sign and date the duplicate copy by way of acknowledgment of the original and return it to the applicant. The duplicate copy will be a valuable evidence in any instance where the memorandum is unduly delayed oi; there is any irregularity in its disposal.
### 47. A party who desires the attendance of any witnesses before the Court, or before a Commissioner appointed to take evidence, shall file a list of such witnesses stating the full name, residence and occupation or description of each person and whether he is required to give evidence as an expert or otherwise or to produce any document, and in the latter case, specifying the date and description of the document so as to identify it. I he party shall, with the requisite process-fee, pay into Court the prescribed diet-money, travelling allowance and other expenses.
Note. - For the rules relating to diet-money, travelling allowance and other expenses (See Rules 485 to 489).
### 48. (1) With reference to clause (c) of Rule 8-B of Order XXVII, and Rules 6 to 9 of Order XXXIII of the Civil Procedure Code, the State Government have appointed the Collector of every revenue district in Madhya Pradesh to be the Government Pleader of that district tor the purpose of those rules.
(2) With reference to clause (a) of Rule 8-B of Order XXVII, the Central Government have appointed the Advocate-General, the Government Advocates, the Additional Government Advocates and Deputy Government Advocates in die High Court for the High Court of Madhya Pradesh and its Benches and the Government Pleader of every district in Madhya Pradesh for other Courts to be the Government Pleaders for the purposes of Order XXVII of the Civil Procedure Code. The Public Prosecutor or other officer appointed by the Stalk Government as the Government Pleader of such district generally or for the purposes of the Central Government is the recognised agent of the Central Government. This does not apply to suits against Railway Administrations nor to suits against Public Officers in the service of the Central Government.
[G.S.R. 1412, Ministry of Law, Department of Legal Affairs, dated 25th November, 1960, as amended by G.S.R. 148, dated 1st February, 1961].
B. Service and Execution of Processes
### 49. (1) Processes sent for service to other districts under Order V, Rule 21 of the Civil Procedure Code, should be sent direct to that Court subordinate to the District Court having jurisdiction in the place where the person to be served resides. The Court receiving such processes should re-register them as its own register regarding processes and process fees and service them in its own processes. No entries of the process-fees levied on account of these processes should be made in the register, and the columns relating to these entries should be left blank. All processes received from other Court though situated in the same district should similarly be treated.
(2) In cases where a District Court receives a process for service in an outlying tahsil from a Court of another State in India, the process should be registered in red ink in the register of the District Court as well as that of the outlying Court which serves it.
Note. - The Nazir or the Naib-Nazir, as the case may be, shall place the register once a month before the officer-in-charge of the Nazarat of the Judge of the outlying Court, who shall check the entries made in red ink and issue necessary order for avoiding delay. The officer or the Judge shall then put his initials below the last entry as indicating that he has done so.
### 50. (1) When any person has been arrested or movable property seized for production at the district headquarters by a process server of an outlying Court under a warrant issued by a superior Court, the process-server shall forthwith bring such person or property to the Nazir of the Courts at the district headquarters at the cost of the person executing the decree.
(2) The Nazir shall immediately endorse a receipt in the process-server's work ticket and send him back to his own Court, and shall produce such person or property before the Court which issued the process.
(3) When money has been realized on any such process, it shall be received by the Naib-Nazir of the Court executing the process and duly transmitted by money-order with the process at the expense of the judgement-debtor to the Court concerned.
C. - Method and Proof of Service
### 51. Service should always be personal wherever practicable (Order V, Rule 12) and the Courts ought not to proceed ex parte upon anything short of personal service, save when substituted service has been ordered and effected.
Note 1. - This will present a Court proceeding ex parte on the basis of service under Order V, Rule 17, in cases in which the defendant could not be found. Particular care is required at this stage as otherwise a decree may be passed against a person who has, in fact, no knowledge of the suit's existence. Different considerations arise once the party has made an appearance and has filed a registered address. In the latter case full use can be made of Order V, Rule 17; in the former it is preferable to require an application for substituted service with all the consequential safeguards.
Note 2. - Personal service shall be deemed to include all cases in which the process is delivered or tendered to the person concerned or his agent empowered to accept on his behalf, whether accepted or refused, including service, under Order V, Rule 13 and 14, Order XXIX, Rule 2, and Order XXX, Rule 3, and, where Order V, Rule 15 of the Civil Procedure Code, applies, cases in which the process is accepted by an adult male member of the family of the person to be served who is residing with him and the person to be served cannot be found.
Note 3. - The signature required under Order V, Rule 16, should, in the case of illiterate persons, be held to mean the thumb-impression. Process servers on duty should therefore be supplied with pads and ink for taking such impressions and should instructed in their use.
### 52. (1) A party shall not ordinarily be required to supply an identifier for the purpose of serving a summons or notice or any other process, whether issued by any subordinate Court of the High Court or received from a Court outside its jurisdiction, on a defendant, respondent, witness or other person and the serving officer shall serve the summons, notice or process after due enquiry as to the identity of the person on whom, or the house or property where the same is to be served. The serving officer shall, where he is unable to serve the process, obtain, whenever possible, the endorsement by signature or thumb impression of at least two persons of the locality.
Note. - There being no legal obligation upon a plaintiff, decree-holder or appellant to supply an identifier for service of any process, no process-server should return unserved any notice, process or summons merely because no identifier could be had at the place of service. He must make every possible endeavour to find out the person on whom, or the house or property where the process is to be served.
(2) If it appears to the Court that sufficient information is not given as to the identity and place of residence of the person on whom, or the house or property where a process is to be served, or if the Court is satisfied from the declaration of the serving officer or upon his examination on oath (if necessary) that the person to be served or the house or property could not be identified after due diligence and enquiry, it may ask the party concerned to supply an identifier.
(3) Summonses and notices issued for service on persons employed in the Government of India Secretariat and its attached and subordinate offices should always specify the subject-matter of the case in which they are issued and the Department or Office of the Government of India concerned.
### 53. (1) A process shall be served by delivering a copy of it to the person addressed. If the person is literate he shall be required to sign the original as an acknowledgment of receipt. If he is illiterate, his thumb-impression should be taken on the original process.
(2) If the person addressed or his agent or an adult male member of his family refuses to receive the process or refuses to sign or give his thumb impression but wants to retain the copy, it shall not be made over to him and he shall be informed verbally of the nature of tire process. In either case service shall be effected and provided in the manner prescribed in Order V, Rule 17, and it should also be proved that the party was informed that the document tendered was a summons or notice and that he was made acquainted with the nature and contents thereof.
### 54. The attention of the Courts is drawn to the provisions of Order V, Rule 13, Civil Procedure Code, which states that in a suit relating to any business or work against a person who does not reside within the local limits of the jurisdiction of the Court from which the summons is issued, service on any manager, or agent, who, at the time of service, personally carries on such business or work for such person within such limits, shall be deemed good service and that the master of a ship shall be deemed to be the agent of the owner or character.
### 55. The attention of the Courts is also drawn to the provisions of Order V, Rule 14, Civil Procedure Code, which lays down that where in a suit to obtain relief respecting, or compensation for wrong to, immovable property, service cannot be made on the defendant in person, and the defendant has no agent empowered to accept the service, it may be made on any agent of the defendant in charge of the property.
### 56. If the person addressed is absent from his residence at the time of attempted service and there is no likelihood of his returning there within a reasonable time and there is no agent empowered to accept service on his behalf, nor any other person on whom service can be made, service should be effected in the manner directed in Order V, Rule 17. It should be proved according to the circumstances of the case by the declaration of the serving officer and, if necessary, by the affidavit or solemn declaration of some other person or persons (if any), acquainted with the facts that the person was absent from his residence at the time of attempted service and that there was no likelihood of his returning within reasonable time and that there was no agent empowered to accept service, nor any other person on whom service could be made; and in any case that the house on the outer door or some other conspicuous part of which a copy of the process was affixed, was the ordinary residence or place of business of the person addressed at the time when it was so affixed. The Court may also proceed under Order V, Rule 19.
Note 1. If the person is temporarily absent from home when the server calls, it cannot be said that he cannot be found and so cannot be served personally. If the person has gone to his field or to the bathing ghat or a temple, etc., or to a friend or relative in the town or village or on a short visit to a neighbouring village or town, the server should make reasonable search for him.
Note 2. - If the process-server has reason to suspect that the person to be served is in hiding, he should repeat his visit to the house; he may also be able, with the assistance of respectable persons in the neighbourhood to induce the man to accept service.
Note 3. - It the server has reason to believe that there is a good prospect of personal service if he stays for a short time in the village, he may stay there for not more than six hours, or he may re-visit the village after serving processes in the neighbouring villages.
Note 4. - When after the exercise of all due and reasonable diligence the person though temporarily absent from home, can not or is not likely to be found and if not less than three weeks, or such other period as the District Judge may fix, will still remain before the hearing when the server returns to his headquarters the process should not be affixed to the house but brought back so that it may be sent out again.
### 57. If the service is made under Order V, Rule 15, it should be proved in like manner that the person was absent from his residence at the time of attempted service and there was no likelihood of his returning within a reasonable time, and that he had no agent empowered to accept the service, and that the person, to whom the process was delivered was an adult male member of his family, and was actually residing with him at the time of such service.
Note. - Servant is not a member of the family within the meaning of this rule.
### 58. If the service is made under Order V, Rule 14, it should be proved in like manner that the summons or notice could not be served on the defendant or respondent in person, and that he had no agent empowered to accept the service, and that the person to whom the process was delivered was an agent of the defendant or respondent in charge of the land or other immovable property forming the subject-matter of the suit.
### 59. If the return of service is under Order V, Rule 20, and the order directs substituted service by affixing it should be proved in like manner that the house, upon the door or other conspicuous part of which a copy of the process was affixed, was the house in which the defendant or respondent is known to have last resided, or carried on business or personally worked for gain, and in other cases that the service was made in all respects in conformity with the order for substituted service, which should accompany the process.
### 60. If the person addressed has no place of residence and he cannot be found or if he is dead, these facts shall be stated in the report together with the names and addresses of at least two persons from whom the facts are ascertained. If the person addressed has ceased to live at the place, his present address, if available, and the sources of information should be reported.
### 61. The attention of all Courts is drawn to Rule 20-A of Order 5, Civil Procedure Code, which provides for the issue of summons by registered post and for holding service good on the basis of an acknowledgement purporting to be signed by the defendant or his agent or on the basis of a postal endorsement that the defendant or the agent refused to receive the summons.
### 62. If the service is made under Order V, Rule 12, on an agent, it should be proved that such agent was empowered to accept service, under Order III, Rules 2,5, 6; Order XXVII, Rule 2, or Section 85 (1) , Civil Procedure Code, or by virtue of appointment for that purpose in writing. The party causing the service to be effected must, in both the last mentioned cases, furnish the necessary proof to this effect.
Note. - All the General Managers and Deputy General Managers of the Indian Government Railways have been authorised to act ex-officio for and on behalf of the Central Government in respect of all judicial proceedings in which the respective Indian Government Railway may be concerned. As these officers are thus recognised agents of the Central Government within the meaning of Rule 2. of the Order XXVII of the First Schedule to the Code of Civil Procedure, summonses, etc., can be served upon them under Rule 3 of Order III of the Code. The processes, etc., should, therefore, be sent direct to the officers concerned instead of to the Secretary to the Government of India.
### 63. If the service was made under Order XXIX, Rule 2, it should be proved that the summons or notice was left at the registered office of the company or, if there is no such office, at tire place where the company carries on business, or that it was delivered to any director, secretary or other principal officer.
### 64. If the service is made under Order XXX, Rule 3 (b) , it should be proved that the person on whom the summons was served had at the time of service the control or management of the partnership business.
### 65. Where personal service has been effected, an acknowledgement of the receipt of (a) duplicate copy of the process, (b) any sum paid for expenses, and of (c) any copy of plaint or other document, shall be taken on the back of the original process. If a person or house is identified by witnesses, the signature or thumb mark of each witness shall similarly be taken on the back of the original process. Whenever a process server pays any amount for diet money and for travelling allowance to a witness at the time of serving the summons on him, he shall obtain on the summons an endorsement of such payment from the witness, if literate; otherwise he shall obtain such an endorsement from a literate attesting witness. Failure to comply with these instructions should be explained by the process-server.
### 66. The Court should in all cases obtain the proof which is above described as requisite either by the declaration in the prescribed form of the person by whom the service was affected and, if necessary, by the affidavit or solemn declaration of some other person or persons (if any) who may have accompanied the serving officer for identifying the party to be served or otherwise assisting or directing the serving officer, or if deemed necessary, by the examination in Court as witnesses of such persons as the Court may think fit to examine.
### 67. When service on a person belonging to a public department or railway company is to be effected through the head of the office in which the person to be served is employed, the summons shall be sent, together with the subsistence and travelling allowance, if any, to that officer who will serve it as required by Order V, Rule 29.
Note. - If the process is issued for direct service on the person to whom it is addressed the Court shall simultaneously send an intimation of the fact to the official superior of the officer or servant summoned, in order that, if need be, arrangements may be made for the performance of the duties of such officer or servant during his absence.
### 68. If a patel is summoned as witness, the summons should be sent to the Tahsildar, or when the district is under settlement, to the Settlement Officer, but if the patel is on leave he should be treated as a private individual.
### 69. (1) In the case of Assistants and Head Masters or Superintendents of Government Schools the process should be served through the Inspector of Schools to whom they are subordinate.
(2) A summons to an Assistant or Head Master serving under a local authority should be served on him direct.
### 70. In addition to the modes of the service in the above rules, it is open to the Court, where the person to be served resides in India, but outside the limits of Madhya Pradesh to send the process by registered post to him at the place where he is residing or carrying on business. An acknowledgement purporting to be signed by him or an endorsement by a postal servant that the defendant refused to accept the registered packet may be deemed by the Court issuing the summons to be prima facie proof of service.
### 71. (1) In determining whether the service is good or sufficient, the attention of the Courts is drawn to the necessity of strictly following the requirements of law in the Civil Procedure Code.
(2) Whenever process is returned under Order V, Rule 17, and the return is not verified by the affidavit of the serving officer, it is incumbent upon the Court to make an enquiry under Order V, Rule 19, and to record a distinct declaration of due service, if satisfied, or to order such service, as it thinks fit.
### 72. (1) Every process-server must immediately after service or non-service writes clearly with his own hand at the place of service and in the presence of witnesses (if any), his report of service or non-service and must also state the date, hour and exact place of service or non-service.
(2) All returns of service or non-service shall be made in form (No. II-4) immediately after service or non-service. The space on the back of the form may be utilised, where necessary, for continuation of the entry in column 4. The process-server shall sign at the foot of each return before making the same over with the process to the Nazir or Naib-Nazir.
Instructions for the Guidance of Process-Servers and Returning Officers
I. If the process-server is personally acquainted with the person to be served the fact should be stated. If he is not so acquainted, it should be stated how the process-server satisfied himself about the identity of the person.
II. It should be seen that the name of the person who accepts service correspondences exactly with the name given in the process. When the signature in token of acceptance differs from the name given in the process, the discrepancy should be explained.
III. Where the process is served on some person other than the person named therein, who accepts the process on his behalf it should be stated whether such person is an adult and whether he is living with and is undivided from the person on whose behalf he accepts service.
IV. Where service is accepted by an agent, it should be stated whether such person is duly authorised to accept service.
V. Where a person refuses to accept the process, the grounds thereof, if any, and the names of the persons witnesses the refusal should be given.
VI. When personal service is not possible on pardanashin women, an attempt should be made to serve on some responsible male member of the family.
VII Where the service has been effected by affixing a copy of the process to the house of the person to be served, the process-server shall state in column 3 the name and address of the person who showed the house or the fact that he knows the house himself, as the case may be, and m column 4 the following matters :-
(a) the number of times and the dates and hours at which he went to the house;
(b) the attempts made by him to find the person to be served;
(c) whether he had any, and if so, what reason to suppose that such person was within the house or its neighbourhood or was endeavouring to evade service;
(d) whether any male member of the family over 18 years of age was residing with him;
(e) whether the house was open or locked when the copy was affixed to it;
(f) if the person was absent from the house, his whereabouts, if known, and the distance of the place to which he is said to have gone;
(g) any other circumstances showing the necessity for affixing.
VIII. If the person to be served refuses to sign the acknowledgment of service, it shall be stated in column 4 that he was informed of the nature and contents of the process.
IX. When a notice is served on a minor personally the server shall state in his report the apparent age of the minor.
X. Where substituted service has been ordered, the manner in which the process was served shall be fully and exactly stated in column 4, with the special reference to the order for substituted service.
XI. where a summons or notice has to be served upon a corporation, firm or persons carrying on business in names other than their own, the process-server shall state in column 2 whether the process has been served at the registered office or principal place of business of the corporation or firm concerned, and note, if possible, in column 4 the position of the officer of the corporation or firm on whom the process has been served.
XII. Any sum paid for expenses to a witness shall be entered in the remarks column.
XIII. In case a server while on his beat is taken ill or is prevented by some cause beyond his control, such as floods or the like from returning to his headquarters by the date fixed in his work-ticket he shall send to the Nazir or Naib-Nazir by "post payable" such processes as have been dealt with by him.
XIV. When in execution of a warrant a process-server realizes money he should not pay the same direct to the decree-holder or his agent, but must make it over to the Nazir for being credited into Civil Court deposit. The process-server shall remit to the Court all sums in excess of Rs. 50 realized under a warrant or warrants by money-order from the nearest post office at the expense of the judgement-debtor or judgement-debtors :
Provided that when such post office is either at a longer distance than the headquarters or is equidistant but in a direct different from that in which the process-server is travelling he should return to the headquarters immediately and pay the whole amount realised by him to the Nazir or the Naib-Nazir, as the case may be, before proceeding further on his journey.
XV. The process-servers should understand the provisions of Sections 55 (1) and 62 (2), Civil Procedure Code, and remember that when they are charged with execution of warrants of arrest or warrants of attachment of movables, there is no prohibition against breaking open any outer door of a dwelling house when the house is in the occupancy of the judgement-debtor and he refuses or prevents access thereto.
XVI. (a) Section 46 of the Code of Criminal Procedure requires that the officer making an arrest shall actually touch or confine the body of the person to be arrested, unless there is a submission to the custody by word or action. A note relating to such submission or touching or confirming of the body should, therefore, be made by the officer in his report in the warrant.
(b) The officer shall have the warrant of arrest in his possession at the time of making an arrest and shall notify the substance thereof to the person to be arrested, and if so required, shall show him the warrant.
(c) If a judgement-debtor is arrested and if he subsequently pays the amount due from him he shall forthwith be released.
XVII. All returns of service or non-service of processes received from Courts not in the station whose staff was entrusted with the service and those relating to processes received from other Courts and returned under Rule 60 foregoing shall be verified by an affidavit made before an officer empowered in this behalf.
### 73. When the summons or notice which has been served is the summons or notice of another Court transmitted to the serving Court for the purpose of service only, then upon service being effected, the latter Court should re-transmit the summons or notice to the Court by which it was issued, together with (i) the process server's return, (ii) his declaration or deposition and the affidavit or solemn declaration or deposition of the witnesses (if any) relative to the facts of service, (iii) the record of such Court's proceedings with regard thereto (if any) and (iv) in a case where any of these documents is in a language different from that of the district from which the process issues, an English translation of such document certified by the transmitting Court to be correct.
D. Additional Rules Relating to the Service of Notices, Etc. Issued by The High Court
### 74. On receipt of notices of appeal, applications, etc., issued by the High Court, the lower Court shall cause their service without the payment of any further fee and without any further action by the appellant or applicant :
Provided that the appellant or applicant or some one employed by him may, in any particular case, if he so desires, accompany the process-server for the purpose of facilitating the service of the process.
### 75. The Lower Courts shall issue all such notices as early as possible and in their returns of service, shall in every instance insert (a) the date of receipt of notice, (b) date of delivery to the process-server, and (c) date of return by the process-server.
### 76. It shall be the duty of the lower Court to make every effort to serve the notice in sufficient time before the date fixed, and, if such service be impracticable to state, when returning it to the High Court, the reasons thereof. The lower Court shall satisfy itself that a valid service has been made or that there has been a failure of service and shall certify such opinion with the reasons in case of failure of service. The certificate shall be accompanied by the return of service or failure to serve the notice and the declaration of the process-server specifying the fact and mode of service or the reason for non-service.
E. Service On Persons In Civil, Naval, Military Or Air Force Employ
### 77. Attention is invited to the provisions of Order V, Rules 27 and 28 Order XVI, Rule 8. In such cases reasonable time should be allowed for the making of arrangements for the relief of the persons summoned and to enable them to appear themselves or to appoint a representative or make such other arrangement as may be necessary.
### 78. When the person to be summoned is an officer of the Army or Air Force the process-server who is to serve the summons should take it under cover to the officer in command of the regiment or detachment with which the person to be served may be serving and apply for his assistance. With the assistance so obtained, the process-server should serve the process and make his return direct to tire Court.
Note. - An officer may also be summoned, if the Court thinks fit, by letter as provided by Order V, Rule 30, and Order XVI, Rule 8.
### 79. (1) When the person to be summoned is a soldier or airman, the process must be sent for service to his Commanding Officer together with a copy to be retained by the person summoned as required by Order V, Rule 28.
(2) Where, for security reasons, the location of an Army unit is not known and it becomes necessary to send a process to an Army Post Office, necessary particulars such as the name of the unit and its postal address should be furnished.
Note. - The following instructions for the dress of officers and soldiers appearing before a Civil Court have been approved :
(1) An officer or soldier required to attend a Court in his official capacity should appear in uniform with sword or sidearms. Attendance in an official capacity includes attendance-
(a) as a witness, when evidence has to be given of matters which came under the cognizance of the officer or soldier in his military capacity,
(b) by an officer for the purpose of watching a case on behalf of a soldier or soldiers under his command.
(2) An officer or soldier required to attend a Court otherwise than in his official capacity may appear either in plain clothes of uniform.
(3) An officer or soldier shall not wear his sword or sidearms if he appears in the character of an accused person or under military arrest or if the presiding officer of the Court thinks it necessary to require the surrender of his arms, in which case a statement of the reasons for making the order shall be recorded by the presiding officer, and if the military authorities so request, forwarded for the information of the concerned Chief of Staff.
(4) Fire-arms, shall under no circumstances be taken into Court.
F. - 1. Service on Members of Parliament and State Legislatures
### 80. (1) Article 105 (3) of the Constitution of India provides the same privileges for Members of Parliament in India as are enjoyed by the Members of the British Parliament. One of the privileges is that on service of summons can be effected upon the Members when they are within the precincts of the Parliament. The Courts should not, therefore, attempt to serve summons through the Presiding Officer or through the Parliament Secretariat. The appropriate procedure would be for the summons to be served direct on the members concerned outside the precincts of the Parliament, i.e., at their residence or at some other place.
(2) The procedure laid down in sub-rule (1) should be followed for effecting service of summons upon Members of the State Legislature, who enjoy the same privilege under Article 194 (3), and Article 238 of the Constitution.
### 2. Arrangement and Distribution of Work in the Nazarat ###
81.
(1) Process-servers must be required to attend carefully to the directions of the Code of Civil Procedure and the Rules and Orders (Civil) as to the service of processes. It shall be particularly impressed upon them that whenever practicable, the service must be personal service as defined in Note 2 under Rule 51.
(2) It shall be the duty of the Nazir-
(i) to explain to the process-servers the directions in these rules and to point out the manner in which various kinds of processes are to be served and returns are to be verified;
(ii) to see that processes are promptly sent out for service and fairly distributed amongst the process-servers and that a fair average of work is attained by each process-server;
(iii) carefully to scrutinize the work-ticket of the process-server and every return submitted by him each time he returns from beat after service of processes; and the reasons given for failure of service; and to report to the officer in charge of the Nazarat all cases of unreasonable delay in service, misconduct, neglect, or improper discharge of duty for such disciplinary action as the officer in charge may think fit and proper.
### 82. All Nazirs and Naib-Nazirs, as the case may be, will be held responsible to the presiding Judge of each Court at every station for the due and regular service of all processes entrusted to them for service and in each case for the correctness of the statements made in the return.
Note. - Service or execution of processes by Nazir or Naib-Nazir can only be allowed under special circumstances when the Court is satisfied by affidavit or otherwise that there has been previous resistance and that execution will not be effected by ordinary process-servers without danger to the public peace. Deposit of pay of the officer is not required in such cases.
### 83. (1) With the approval of the District Judge, the officer in charge of the Nazarat shall divide the area of the tahsil or tahsils into convenient circles and processes should be sent out in these circles at regular intervals. The boundaries of the circle and the intervals at which processes are sent out may be varied from time to time as experience dictates. A map showing the boundaries of the circles and the villages included in each circle and a list of villages in each circle should be displayed in every Nazarat.
(2) The Nazir or the Naib-Nazir should prepare quarterly a statement showing the dates on which process will be sent out for the service in any particular circle and the approximate time required for service in that circle and submit the same to the District Judge for approval. A copy of the statement and a copy of the list of the villages included in each circle should be displayed in each Court-room at the station. During the summer vacation process shall issue on such dates as the District Judge or in his absence the senior Judge on duty shall fix.
### 84. Returnable dates should not be fixed at random, but sufficient time should be allowed so that the processes for one trip may all be served and returned at a reasonable time before the dates fixed in the cases concerned. In fixing dates, the distance to be travelled, the season of the year, the conditions of the locality, the number of processes made over at a time, etc. should be taken into consideration.
Note. - When a process-server entrusted with the service of several processes finds that there is no reasonable chance of his being able to serve all the processes in the same trip and to return them in sufficient time before the due dates, he should at once send back by post the processes that cannot be served, so that the Nazir may issue such processes to other process-servers for service if there is sufficient time before the hearing dates.
### 85. To equalize the work of process-servers a certain amount of short beat work as well as a certain amount of long beat work should be given to each process-server and there should also be, as far as possible, equality in the number and kind of processes distributed.
Note. - It shall be particularly seen that all process-servers to whom processes have been distributed for service leave their headquarters immediately on receipt of processes.
### 86. Processes should ordinarily be issued to process-servers in the order of their return. Later processes for a particular circle should not be issued not be issued to the exclusion of processes for that circle which were filed earlier.
### 87. Each tour of a process-server shall be planned with a view to avoid as far as possible going over ground already once covered. The processes allotted to him shall be arranged in the order in which the villages where they are to be served should be visited. Columns 1 to 8 of the one or more forms of work-ticket shall then be filled up in the order in which the processes have been arranged, a duplicate of each being taken by means of carbon paper. After checking the ticket the Nazir shall endorse at the end the total number of processes and the total amount of diet-money to be entrusted to the sever.
Note 1. - Unless the process-server has duly accounted for all processes and diet-money entrusted to him, fresh processes for service should not be given to him.
Note 2. - The work-tickets of each process-server shall be bound up separately for the calendar year, the duplicates being pasted on to the corresponding original as soon as they are returned, and the bound volumes destroyed after three years.
### 88. The Nazir of the Naib-Nazir, as the case may be, shall maintain a register of work done by process-servers in the prescribed form (No. 11-55). The statistics for this register will be extracted by the Nazir from the work-tickets returned during the preceding month. The work of each server should be shown against his name in the several columns of the register. If a server has done work in more than one circle, details will be given against his name separately for each circle, all entries relating to town service being made in red ink, so that the extent of his branch of the work may be readily ascertained. The reason for retention at headquarters should be briefly explained in the remarks column. The register shall be put up to the officer in charge of the Nazarat on the 5th of each month and submitted quarterly in January, April, July and October for the District Judge's information and orders. The District Judge shall return the register promptly with his order.
Note. - The register shall be preserved for five years after it has been completely filled in.
### 89. Processes made over to the Nazir for sendee must be returned by him to the issuing Court as soon as possible after they are received back from the process-servers.
### 90. (1) Process-servers should not be detained at the headquarters for a longer period than Is necessary. When they are in the headquarters they should attend office punctually at 10.30 a.m. and perform such miscellaneous duties as may be assigned to them.
(2) Process-servers must report themselves to the Nazir and make over to him work tickets and all processes with which they were entrusted for service and also diet-money or other sums if any, immediately on return to headquarters from their beat. If the date of return falls on a holiday an account of money entrusted to them shall be rendered on the next working day. The Nazir must see that this rule is strictly obeyed by each process-server and report cases of non-compliance to the Judge in charge.
Note. - Process-servers when on duty in Court and out on process-serving work must always wear and display their standard badges.
Chapter IV
Foreign Processes
---------------------------------
### 1. Service in Places Outside India ###
91.
The provisions of the Civil Procedure Code as to service outside India (Order V, Rules 25 and 26; Order XVI, Rule 8; Order XLVIII, Rule 2) are applicable to the service of summonses to appear and answer, notices of appeal, summonses to give evidence or produce documents and genera y to all orders, notices and other documents required by the Code to be served
### 92. The main provision of the Code for service outside India is that such service shall be by registered post. The summons shall be forwarded by registered post to the defendant and not sent to any official for service.
### 93. The summons should be sent by registered post prepaid for acknowledgment, and if the defendant does not appear or is not represented proof should be given by affidavit of the party that at the time of the service in the defendant ordinarily resided and was actually residing at the foreign place in question. An acknowledgment purporting to be signed by the defendant or an endorsement by a postal servant that the defendant refused to accept the registered packet, may be deemed by the Court issuing the summons to be prima facie proof of service.
### 94. (1) Service by post while necessarily confined to case where there exists postal communication between the place where the Court is situate and the place in which the person to be served resides will, in practice, cover the great majority of cases and resort is not to be had to any other mode of service upon persons outside India save for sufficient reason.
(2) The principle is that though there are other modes of service, e.g., through official channels, the Code does not require service outside India to be made by official channels.
### 95. (1) The special provisions made by clause (a) of Rule 26 of Order V was intended for sending summonses to Indian Agents in foreign territory There are no such Political Agents or Courts at present.
(2) Clause (b) of Rule 26 of Order V is not limited in scope as clause (a), but it relates to Courts in foreign States which are notified by the State Government.
### 96. (1) Clause (a) of Section 29, C.P.C. relates to service of summonses and other processes issued by civil or revenue Courts established in any part of India to which the provisions of the Code do not extend. Those parts of India are specified in clauses (a) to (c) of sub-section (3) of Section 1 of the Code.
(2) The civil and revenue Courts in Pondicherry are the only Courts which are established by the Central Government under clause (b) of Section 29, C.P.C.
(3) A list of the countries and Courts in respect of which the Central Government have issued notifications under clause (c), Section 29, C P C is given in the Appendix to this part.
### 97. Service of summons on residents in Pakistan is governed by the proviso to Rule 25, Order V, C.P.C.
### 98. Under Section 87-B of the Code the Rulers of former Indian States notified as such by the Central Government cannot be sued in any Court or arrested under the Code except with the consent of the Central Government. The States so notified are given in the Appendix to this Part. [S.R.O 468 dated the 1st April, 1951]
### 99. Subordinate Courts are in no circumstances to send processes of any kind for service to Consuls or Ambassadors or Diplomatic Agents, whether Indian or Foreign.
### 100. Apart from the special cases provided for in Order V, Rules 25 and 26, subordinate Courts are not authorised by the Code to send processes for service direct to any Court outside India. (See Section 2S, Order V, Rules 21 and 23.)
Note. - Unless special arrangement has been made between the two countries or the foreign country is known to be willing that its Courts should receive processes for service from Indian Courts direct, the only proper mode by which a Court in a foreign country can be addressed is by letter of request forwarded through the diplomatic channel. So far as service of processes is concerned the Code by the direction for service to be made by post upon the individual concerned (Order V, Rule 25) intends to obviate all unnecessary formality and all difficulties as to collection, etc. of costs of service.
### 101. Where service is not to be effected by post under Rule 25 of Order V or by transmission to a Court under Rule 25 or 26 of Order V, subordinate Courts should adopt the mode of Letter of Request The letter should be addressed to the foreign Court in question, if known. If the appropriate Court is not known, the name may be left to be filled in afterwards. The letter should be forwarded through the High Court and State Government to the Government of India for transmission through the appropriate official channel.
### 102. (1) All processes sent for service'through official channels on individual resident in foreign countries, shall be forwarded through the High Court to the State Government for transmission to the Government of India for necessary action.
(2) Such processes shall be accompanied by an explanation to the High Court of the reasons why the service is not made by post under Rule 2o of Order V. Where in the opinion of the High Court no sufficient reason is disclosed the process shall be returned to the issuing Court and shall not be forwarded to Government. Such processes shall also be accompanied by a translation of all documents into the language of the foreign country within which the service is to be made.
### 103. All Courts when issuing process for service outside India should take care that the time fixed for appearance and the returnable date shall be such as to enable the process to be served and the person served to do what is required of him. This applies to all forms of process and to all modes of service.
Chapter V
Production of Public Documents and Records
---------------------------------------------------------
### 104. (1) Attention is invited to Rule 10 of Order XIII which states the law as to the production of Court records. The principle laid down in sub-rule (2) of that rule may well be applied to other public records.
(2) Affidavits under Order XIII, Rule 10 (2), setting forth die necessity for production of records should state not merely that the to the suit, but must also show how the record is material and also that he applicant cannot, without unreasonable delay or expense, obtain a duly authenticated copy or in what way the production of the original is necessary.
### 105. Subject to any provision of the law to contrary, the originals of public and municipal records should not be called for when duly authenticated and certified copies of the same are admissible in evidence and will serve the purpose for which the records are require.
Note 1. - All Subordinate Courts should take special care to prevent the unnecessary production in Court of public documents as defined in Section 74 of the Indian Evidence Act, 1872, or documents forming part of public documents or in public custody. When such documents are called for, the Courts calling for them shall state the circumstances which render the production of the documents necessary. When, however, the Collector or other public officer in charge of the documents has been summoned under Order XVI, Rules 1 and 6 of the Civil Procedure Code, to produce in Court a certain document, it will be his duty to send it to the Court, but such officer may at the same time, in person or by letter addressed to the Court, object to the production of the document under Section 123 or Section 124 of the Indian Evidence Act, 1872 (I of 1872), stating the grounds of such objection. On an objection being made, it shall be the duty of the Court to consider and decide according to law if it should compel the production of such document.
Note 2. - The attention of all Courts is drawn to the following Government Resolution No. 1538, dated the 13th May, 1891, regarding the production of post office records, issued by the Director-General of Post offices :-
"A summons from a Court of civil or criminal jurisdiction to produce any of the records of a post office, or a certified extract from or copy of any such records must be complied with. The receipt of such a summons, and such particulars as are known to the Postmaster regarding the case should be at once reported to the Postmaster General, in case he should see fit to raise any objection in Court under Section 123 or Section 124 of the Indian Evidence, 1872 (I of 1872), to the production of any of the records. When any journal or other records of a post office is produced in Court and admitted in evidence, the officer producing it should ask the Court to direct that only such portions of the records as may be required by the Court shall be disclosed."
### 106. (1) When any public officer in charge of documents is summoned under Order XVI, Rules 1 and 6, to produce a certain document on record or when the Court has sent a requisition for a record from any Court or office under Order XIII, Rule 10, the document or record shall ordinarily be sent by registered post. If, however, owing to excessive weight or any other special reason the document or record cannot be sent by registered post, it should be sent by rail.
(2) If the document to be sent is a State document of importance it may be sent with a special messenger if the officer incharge thereof considers such a course advisable.
### 107. When any public document or a document in public custody has been produced in Court in compliance with a summons, and the officer from whose custody it has been produced desires its prompt return, the Court shall, after the document has been inspected or put in evidence, as the case may be, cause it to be returned with the least practicable delay to such officer, after the preparation of such copy as the Court may require under Order XIII, Rule 5 (2) , unless its detention is considered to be necessary till the delivery of the judgement. The cost of preparing such a copy shall be borne by the party adducing the particular document as evidence.
The High Court vide Memo No. 9340/HI-1-5/51, dated 7-8-59 prescribed that the documents in custody of Parliament or State legislature when required in evidence, a memo be addressed in the following form :
Form
From,
To,
The Speaker of the House of the People/The Chairman of the Council of States, Parliament House, New Delhi/Speaker Vidhan Sabha, Bhopal.
Dated the..........20
Sub : (Description of the case)
Sir,
In the above proceeding, the plaintiff/defendant/complaint/accused proposes to rely upon the documents, specified in the annexure, which are in the custody of the House of the People/The Council of States/Legislative Assembly. I have to request you to move the House, if you have no objection, to grant leave for the production of documents in my Court and, if such leave is granted, to arrange to send the documents/certified copies of the documents so as to reach me on or before.............by registered post (A.D.) or through an officer in the Secretariat of the House.
In the above proceeding, the plaint/defendant/complainant/accused proposes to examine............an officer in the Secretariat of the House of People/The Council of States/Legislative Assembly/Legislative Council (or any duly informed officer in the Secretariat of the House) as a witness in regards to matters specified in the Annexure I have to request you to move the House, where oral evidence of an officer in the Secretariat of the House is required, if you have no objection to grant leave for the examination oi the said officer in my Court, and, if such leave is granted, to direct the officer to appear in my Court at 11 A.M. on............
Yours faithfully.
### 108. When a record of a Civil Court is called for, except by superior judicial authority or by a Civil Court acting under Order XIII, Rule 10, the Court or officer calling for it shall state the circumstances which render its production necessary. The Judge may decline to forward it, if in his opinion no sufficient grounds are shown. It is improper and inconvenient that records of Courts of Justice should be sent to other public officers or functionaries. If a reference to their contents is required, the proper procedure is ordinarily to obtain copies of the requisite papers. The discretion vested in Courts by Order XIII, Rule 10 should be carefully exercised.
### 109. (1) Requisitions made under the provisions of Order XIII, Rule 10, by subordinate Courts for the production of records of cases pertaining to, and in the custody of High Courts other than the High Court of Madhya Pradesh, or Courts subordinate to such other High Courts should be transmitted through the High Court of Madhya Pradesh, Jabalpur, and should be accompanied by a copy of the affidavit filed under Order XIII, Rule 10, together with a duly certified translation into English if such affidavit is not in English.
(2) Requisitions for records by Courts not subordinate to the High Court of Madhya Pradesh shall be transmitted through the High Court of Madhya Pradesh, Jabalpur.
### 110. Public documents or records no longer required are to be returned immediately.
[Chapter V-A
[Inserted by Notification No. C-2493-III-1-5-57-CH-20, dated 23-5-1995, Published in M.P. Rajpatra, Part I, dated 30-6-1995 at page 1021.]
Production of other documents
### 110A. When the defendant appears after service of summons and demands copy of documents which have been filed along with plaint, the Court shall pass proper order for supply of such document.
### 110B. Whenever at any stage of the proceedings, any document is filed by either party then true copy thereof shall be supplied to other side.]
Chapter VI
Guardians ad litem of minor defendants and respondents
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A. - In Original Suits
### 111. In dealing with the appointment of a guardian ad litem of a minor defendant in original suits the attention of all subordinate Courts is drawn to Rules 3, 4 and 4-A of Order XXXII as amended by the High Court which runs as follows :
"3. Guardian for the suit to be appointed by Court for minor defendant. - (1) Where the defendant is a minor, the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit of such minor.
(2) A person appointed under sub-rule (1) to be guardian for the suit for a minor shall, unless his appointment is terminated by retirement, removal or death, continue as such throughout all proceedings arising out of the suit including proceedings in any appellate or revisional Court and any proceedings in the execution of a decree.
### 4. Who may act as next friend or guardian for the suit. - (1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit: Provided that the interest of such person is not adverse to that of the minor, and that he is not, in the case of a next friend, a defendant, or in the case of a guardian for the suit, a plaintiff.
(2) Where a minor has a guardian appointed or declared by competent authority, no person other than such guardian shall act as the next friend of the minor or as his guardian for the suit unless the Court considers, for reasons to recorded, that it is for the minor's welfare that another person be permitted to act in either capacity.
### 4. -A. Procedure for appointment of guardian for the suit. - (1) No person, except the guardian appointed or declared by competent authority, shall without his consent, be appointed guardian for tire suit.
(2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff.
(3) Unless the Court is otherwise satisfied of the fact that the proposed guardian has no interest adverse to that of the minor in the matters in controversy in the suit and that he is a fit person to be so appointed, it shall required application to be supported by an affidavit verifying the fact.
(4) No order shall be made on any application for the appointment as guardian for the suit of any person other than a guardian of the minor appointed or declared by competent authority, except upon notice to the proposed guardian for the suit and to any guardian of the minor appointed or declared by competent authority, or where there is no such guardian, the person in whose care the minor is, and after hearing any objection that may be urged on a day to be specified in the notice. The Court may, in any case, if it thinks fit, issue notice to the minor also.
(5) Where on or before the specified day such proposed guardian fails to appear and express his consent to act as guardian for the suit, or where he is considered unfit or disqualified under sub-rule (3), the Court may in the absence of any other person fit and willing to act, appoint any of its ministerial officers, or a legal practitioner, to be guardian for the suit. If a legal practitioner is appointed guardian for the suit, the Court shall pass an order stating whether he is to conduct the case himself or engage another legal practitioner for the purpose.
(6) In any case in which there is a minor defendant, the Court may direct that a sufficient sum shall be deposited in Court by the plaintiff from which sum the expenses of the minor defendant in the suit including the expenses of a legal practitioner appointed guardian for the suit shall be paid. The cost so incurred by the plaintiff shall be adjusted in accordance with the final order passed in the suit in respect of costs".
### 112. The Court shall proceed to appoint a guardian ad litem after hearing any objection that may be urged by any of the persons served with a notice. Attention is invited to sub-rule (1) of Rule 4-A of Order XXXII above. If the proposed guardian does not appear and give his consent as required by law or if he appears to be unsuitable for any reason, or there is no other fit person willing to act as guardian ad litem the Court may appoint a Pleader ordinarily practising in the Court or other officer of the Court in the last resort, to be such guardian.
Note 1. - As there are no special provisions in the Code regarding service of processes on minors, the rules applicable to adults must be followed when a notice is to be served on a minor.
Note 2. - Summonses to major defendants, and notices to the persons referred to above should be issued simultaneously and in no case should issue of summonses to the former be deferred till the appointment of a guardian ad litem.
Note 3. - When a pleader is appointed in a case where there are both major and minor defendants, the pleader who represents the former should ordinarily be appointed guardian ad litem of the latter unless the interest of the major defendant is adverse to that of the minor defendant or defendants.
### 113. (1) When a guardian ad litem is appointed and it appears to the Court that the guardian is not in possession of any, or sufficient funds or the conduct of the suit on behalf of the minor defendant and that the latter may be prejudiced in his defence thereby, the Court may direct that a sufficient sum shall be deposited in Court by the plaintiff from which sum the expenses of the minor defendant in the suit shall be paid. The expenses should include the legal fee or such sum as may be fixed by the Court to be paid to the pleader appointed on behalf of the minor. If the plaintiff fails to deposit the sum as directed, the appointment of the guardian may be cancelled and toe plaintiff's power to proceed with the suit will then be suspended, pending appointment of a fresh guardian. No remuneration can be allowed under toe Code to the person appointed guardian as such and toe Court should make this clear to every appointee before appointing him. But when a pleader is appointed guardian he may also be appointed to act as pleader for the minor in the suit and may receive remuneration in his latter capacity.
(2) The guardian ad litem, shall at any time before the disposal of the suit, submit to toe Court his true account of expenses and of toe moneys received by him and the matter shall be adjusted in accordance with toe final order passed in the suit in respect of costs.
### 114. The guardian ad litem shall file his registered address as required by Order VIII, Rule 11, Civil Procedure Code.
### 115. After the appointment of a guardian ad litem all processes in the suit or subsequent proceeding should be served on the guardian and not on the minor.
B. - In Appeals
### 116. The foregoing Rules 112 to 115 apply mutatis mutandis to the guardians of minor respondents.
Chapter VII
Fixing of dates and adjournments
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### 117. The attention of all Courts is directed to the provisions of Rule 6 of Order V and Rule 9 of Order XVI, Civil Procedure Code, when fixing dates for the appearance of persons summoned.
Note 1. - Presiding Judge should personally fix the date of hearing after making an estimate of the time that each case may occupy, so as to ensure, so far as practicable, that the work fixed for a particular day will be done during the course of that day. In no case shall the work fixed for the day exceed what is necessary to make reasonably sure that the Court's time shall be fully occupied. Ordinarily this should not exceed by one-fourth the work that a Court can reasonably expect to finish. The work remaining over on any day should, as far as possible, be taken up on the next working day and given precedence over work of a similar nature.
Note 2. - The responsibility for fixing the date is of the Judge alone. When, for any reason, a date is fixed in an entry in the order-sheet actually written by an official of the Court, it is the duty of the Judge to see that the date fixed is a proper one, having regard to the state of his file. If the Judge is absent it is his duty to see that any adjournments made during his absence were properly made and that proper dates were fixed. On the conscientious performance of this duty depends not only on the proper arrangements of the file but also the prevention of different treatment of litigants by the Court officials.
### 118. (1) All matters preliminary to a trial should be settled before a date is fixed for trial. Neglect of rule may involve the re-opening of a case after the arguments have been heard. Preliminaries include the settlement of questions as to the addition of parties, amendment of plaint when it does not conform to the forms given in the Civil Procedure Code, the appointment of guardians ad litem of minor defendants, the discovery and inspection of documents and the production thereof, securing admissions as to facts and documents, the framing of issues, the execution of commissions for preparing essential maps or plans and the disposal of preliminary issues, if any.
(2) On the completion of the interlocutory stage it will generally be convenient to fix an early date called the "settling date" for giving in lists of witnesses and paying the necessary process fee and expenses. On that date information should be obtained that will enable the probable length of trial to be estimated, and a date or several consecutive dates should then be fixed for recording evidence.
Note 1. - On the "settling date", the Court must insist on the parties taking all steps necessary to bring the case to trial, e.g., applying for commission for the examination of witnesses, requisitioning any further records and documents that may be required, filing a list of witnesses to whom the issue of summons is required together with necessary particulars to permit the service of summons, paying necessary process-fees and expenses, and, in cases where parties propose to produce witnesses and do not require tire issue of summons, indicating the number of such witnesses so as to permit an estimate of the length of trial. Parties failing to take any such steps on the day or failing to avail themselves of the procedure for enforcing attendance of witnesses by summons, will do so at their own risk and any application for the purpose made at a later stage will not be granted as a matter of course. In particular the attention of the Courts is drawn to the consequences that may follow failure to pay process-fees and expenses on the "settling date", or in exceptional cases, on such near date as the Court may fix. The Court is bound to grant summons at any time before the date fixed for the examination of the witnesses and should afford all reasonable assistance in obtaining service, but if the summons is not served or is not received back the Court is not bound to grant an adjournment.
Note 2. - The costs of producing witnesses or documents under Order XVI, Rule 1-A of the Code of Civil Procedure shall be costs in the cause.
### 119. (1) An unbroken block of a sufficient number of working days commencing from the first working day of each month should be allotted for the trial of regular suits each month.
(2) The block should be reserved exclusively for evidence cases except that work of a minor character which does not claim much of the time and attention of the Judge may be fixed along with evidence cases.
### 120. Adjournment is a matter entirely in the discretion of the Court I Order XVII, Rule 1 (1) . When an application for adjournment is made the Court must consider the interests of all parties and the particular circumstances of the case. It is the duty of a party to be ready with his witnesses on the day fixed; if witnesses are ill it is his duty to apply before that day for a commission. To adjourn a case partly heard encourages many undesirable practices. It is to be regarded as a very undesirable thing and is only to be resorted to when justice demands it. Laxity or want of firmness in the matter of adjournments, especially in cases fixed for evidence, causes a serious waste of time of the Court and much inconvenience and expense to suitors and witnesses, especially to those whose means are limited and who cannot afford the frequent loss of a day's earnings by attendance at the Courts. In every case the Judge should record in the order-sheet the reasons for the adjournment. It is no ground for an adjournment that another civil case, the hearing of which has not begun, is fixed for the next day.
### 121. (1) A party has no right to an adjournment in any event and should not be given an adjournment merely to suit his own convenience, or because his pleader is absent (though in such a case, time for an hour or so should, if possible, be given), or because he is not ready to go on with the case, or because he has neglected to obtain copies of documents which he ought to have procured beforehand. When an adjournment is asked for on the ground that the applicant has to obtain certified copies of certain documents, the Judge should ordinarily require a written application supported by reasons and accompanied by an affidavit indicating that the applicant has not hitherto been guilty of undue delay in applying for copies and that he has not already got such copies in his possession. If the application is granted all costs of production and proof should be thrown on the applicant. It should be realized that it is not necessary to adjourn a case even when it appears necessary to give a party an opportunity to produce additional evidence, oral or written. The correct course, in the absence of any exceptional circumstances, is as follows :
(i) conclude the hearing of evidence available;
(ii) take a note of the facts which the additional evidence is to prove. If the party cannot say that the evidence is to prove, decline adjournment;
(iii) conclude the hearing of arguments;
(iv) at the later adjourned stage receive and consider the additional evidence restricting it to the facts noted in (ii). Such evidence, unless of a kind that cannot be tampered with, should not be given the same weight as evidence given at the time of the trial.
Note. - The attention of the Courts is drawn to the High Court amendment to Order XVIII, Rule 2, C.P.C. adding the following sub-rule (4) (vide M.P. Rajpatra, dated 16-9-60) :
"Notwithstanding anything contained in this rule, the Court may order that the production of evidence or the address to the Court may be in any order which is may deem fit."
(2) A party has no right to an adjournment merely because witnesses have not appeared more particularly if their non-appearance can be attributed to his own default in securing timely issue of summons. If due to delay in obtaining issue of summons It appears unlikely that service can be affected in the ordinary routine of the process-serving establishment the party must pay for a separate process special and, if necessary, furnish an identifier or take his chance of the summons not being served in time.
Note 1. - The attention of the Courts is directed to the provisions of Order XVI, Rule 10 (2) , which requires that, before issue of a proclamation or warrant, the Court should see reason to believe that the evidence of the absent witness is material.
Note 2. - An appreciable improvement in the matter of unnecessary adjournments of cases is possible if the Courts, instead of merely adjourning cases for non-service and late service, take an intelligent interest in the work and, by properly scrutinizing the registers of the process-writer and Nazir, the work-tickets and the reports themselves, find out whether the default is due to the negligence of deliberate intention of the parties or to the negligence of clerks or process-servers. In either case suitable action should be at once taken to deal with these malpractices so as to prevent their recurrence.
(3) A party has no right to an adjournment merely because he has filed a petition for revision and has applied or intended to apply to the High Court for stay. The automatic grant of adjournments in such cases encourages the filing of petitions for revision of interlocutory orders solely for purposes of delay. Adjournments in such cases should be granted only when the Judge considers that adjournment is beneficial.
### 122. The responsibility of parties for doing all that lies in their power to secure due service of summonses on their witnesses should be enforced. Where the date for attendance is more than 30 days ahead of settling date it should be regarded as the duty of a party to move the Court promptly by a suitable application whenever a summons has been returned without due service. The District Judge should see that in each Court facilities are afforded for ascertaining what processes have been returned unserved; to this end the exhibition of a list of such processes is desirable.
### 123. A pleader who desires an adjournment on personal grounds is bound to apply for it a reasonable time beforehand. If the adjournment is refused his professional duty requires him to arrange so far as he possibly can do so, that his client his represented on the day appointed in such a way that the case can proceed.
### 124. Some Courts are inclined to grant adjournment merely because the party applying is prepared to pay costs or because the opposite party does not oppose adjournment. Courts should bear in mind that the offer of costs or the fact that both parties are willing to get an adjournment is not itself a sufficient ground for an adjournment.
### 125. (1) A party who desires an adjournment may give notice in writing to the other party or his pleader, of his intention to apply therefor in sufficient time before date fixed for hearing.
(2) A party who desires that the hearing may be advanced may apply therefor by interlocutory application, of which timely notice shall be given to the other party or his pleader.
(3) The party served may give to the other party or his pleader notice in writing that he consents to or will oppose such adjournment or advancement.
Note. - If a party is represented by a pleader, the notice should be served on the pleader; in other cases it should be served on the party at his registered address.
(4) On the day appointed for hearing of such application the Court will pass necessary orders granting or refusing the adjournment or advancement.
### 126. (1) Arguments should be heard immediately after the evidence closes, and a case, unless it is long and complicated, should not, as a rule, be adjourned for arguments after all evidence has been adduced. If any adjournment is necessary, reasons, should be recorded by the presiding Judge and it should never be for any but a very brief period.
(2) Arguments should not, except for good reasons, be heard piecemeal and where it is found necessary to adjourn a case for the hearing of further arguments, the adjournment should ordinarily be to the next working day. A case once closed and adjourned for arguments should never be re-opened by allowing parties to produce evidence unless for good cause clearly established to the satisfaction of the Court and recorded. Such a re-opening should be very rarely allowed.
### 127. (1) Courts when asked for an adjournment with a view to effect a compromise should exercise their discretion with caution. An adjournment should not, as a rule, be granted unless the Court has reason to believe that there is every likelihood of a compromise being effected.
(2) If an adjournment with a view to compromise is granted on a date fixed for evidence, the Court should take particular care to see that the witnesses in attendance are not discharged, but are directed for the next hearing. This would avoid an unnecessary further adjournment for re-summoning the witnesses and will enable the parties to proceed with their evidence in case the parties fail to come to terms. Repeated adjournments to allow compromise should not be granted. It is preferable to grant plenty of time for negotiations and make the adjournment final.
### 128. Cases should ordinarily be taken up in the order in which they are entered in the judicial diary, but contested cases should be left over till uncontested cases have been dealt with. Precedence should be given to cases which have already been adjourned or in which no evidence is to be recorded. It should seldom be necessary to grant adjournments in uncontested cases other than for the production of formal evidence or to allow of a compromise.
### 129. Except where an adjournment is granted with the consent of all parties concerned, or where from insufficiency of notice, a party has not had reasonable time to prepare himself, or where an adjournment is necessitated by the business of the Court or the declaration of a holiday or an order to discontinue work for the day, by the act or default of any other party, the party desiring an adjournment should be ordered to pay the costs thereof
Note. - Court-fee paid on petitions for adjournment should not form part of the taxed costs of the suit or proceeding.
### 130. Adjournment costs awarded against a party should be commensurate with the pecuniary loss to which the other party is put and not merely a nominal sum. They should include expenses (if any;) re-summoning the witnesses and a reasonable fee should also be allowed for the advocate or pleader engaged.
### 131. (1) Where adjournment costs, compensatory costs or any other costs are ordered to be paid as a condition precedent to the next or further hearing or the revival of a case, or the participation of a party in the proceedings, etc., the order should indicate the amount ordered and what part is (a) to recompense the party for expenses likely to be or in fact incurred (other than to his pleader) or loss sustained, (b) to recompense that party s pleader for dislocation of his work. Payment of the amount ordered to the pleader of the party in whose favour such order is made, will be a sufficient compliance with the order, but it shall be the duty of the pleader to file in Court, as early as possible, a proper receipt showing that the money received by him has been paid by him to his clients to the extent ordered for purpose (a) above the Court should in all cases insist on the filing of such receipt.
Note 1. - In the case of illiterate clients, the receipt shall be endorsed with their thumb impression.
Note 2. - While the amount ordered as recompense to the party's leader may lawfully be retained by such pleader the practice has grown up whereby such sums are diverted to the local Bar Library. This practice i-recommended but it is a matter for the pleader himself whether he follow.; it.
Note 3. - A pleader failing to file the receipt required by this rule shall deposit into Court the costs received or withdrawn by him.
(2) Whenever a person to whom costs of any kind are ordered to be paid as aforesaid, or his agent, or a representative who in the opinion of the Court is competent to receive payment, is present in Court, the money may conveniently be paid direct to the person so entitled or the said agent or representative in open Court and an acknowledgment of receipt obtained forthwith from the person on the order-sheet, the fact being noted by the presiding Judge in the record of the case.
Note 1. While the Courts have full liberty to exercise their discretion in each individual case, the High Court considers that, in the case absence of special circumstances, and when the costs allowed as aforesaid do not exceed rupees five it is reasonable that the party desiring the adjournment should come prepared to compensate his opponent for the inconvenience or loss to which he is put, and that the Court will be justified in making the adjournment conditional on the money being paid then and there. In suitable cases, however, the Court may make the next or further hearing of the case on the adjourned date conditional upon the payment of the costs awarded, on or before that date.
Note 2. - Where adjournment or other such cost have been paid into Court, the fact of such payment should be noted in the order-sheet. It will thus be possible to see from the order-sheet what sum, if any, still remains unpaid, all such costs remaining unpaid shall be entered in the decree as costs in favour of the party entitled to them and set off against the amount, if any, payable by him to the other party under the decree, [Order XX, Rule 6 (3) ].
Note 3. - Adjournment costs are intended to recoup a party's opponent for the expenses occasioned or loss sustained by the adjournment and, therefore, when a party paying the adjournment costs eventually succeeds in the case, the party to whom costs were awarded should not be made to refund them by inclusion in the other costs that may be awarded against him in the case.
### 132. If at any time before the date fixed for final disposal or for evidence the presiding Judge of the Court, by reason of his having to be absent, on leave or for some other contingency, finds that he will not be able to take up the case on that date, the case should be adjourned and the pleaders concerned should be given as early an intimation as possible to enable them to inform their clients that they will not be required to attend on that date with their witnesses. This rule should be rigorously observed.
It is very wrong to cause litigants the loss and trouble of coming to Cour for no purpose. It is also grossly discourteous.
### 133. Particular attention is called to the proviso to Rule 1 of the Order XVII. This contains a mandatory provision of law that the recording o evidence must be continued from day to day until all the witnesses in attendance have been examined, unless an adjournment bey on e following day is found necessary, in which case specific reasons must be recorded in the order-sheet. The High Court attaches great importance to compliance with this rule and District Judges should be vigilant to see that it is being followed and to check any departure from it.
Note. - The fact that another case or other cases are fixed for the following day is not a sufficient reason for adjournment to a day beyond the following day. The other cases should be adjourned. The practice of making an ostensible compliance with the rule requiring the taking up an evidence case from day to day by devoting only a small portion of each day to the matter is objectionable.
No. 10620-III-I-5-57, dated 26-10-1961, Published in M.P. Rajpatra Part IV (Ga) , dated 10-11-1961 at page 942. - In exercise of the powers conferred by Article 227 of the Constitution of India, read with Section 23 of the Madhya Pradesh Civil Courts Act, 1958 and all other powers enabling, and in supersession of the existing rules in force in Civil Courts in any part o the Madhya Pradesh on the concerned subject, following Rules relating Preparation for Trial, Framing of Issues and Recording of Evidence judgement, Decrees and Costs, Execution of Decrees, Commissions, Incidental Proceedings and Appeals and Remands have, with the previous approval of the Governor, been made by the High Court of Madhya Pradesh, Jabalpur, and were published for general information.
### 2. These rules shall come into force from the 1st January, 1962. Chapter VIII
Preparation for trial, framing of issues and recording of evidence
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### 1. General ###
134.
If the presiding Judge, directing registration of a plaint, sees good grounds for requiring the defendant to put a written statement under Rule 1 of Order VIII, Civil Procedure Code, a note should be added to die summons issued to him, ordering him to present a written statement on or before the date fixed for the first hearing.
### 135. The attention of all Courts is drawn to Rule 9, Order VIII, under which no pleadings subsequently to the written statement of the defendant other than by way of defence to a set-off, shall be presented except with the leave of the Court. The leave should be granted only where the written statement for which leave is sought contains a confession and avoidance not involving a departure. In every other case the parties will be at issue and alterations in the pleadings should be by way of amendment or further particulars only.
### 136. Normally it is for a party to apply for further and better particulars under Order VI, Rule 5, but in suitable cases the Court may order particulars suo motu to ensure a fair trial.
### 137. Whenever a direction to any party to file a written statement on or before a particular date is disobeyed, the provisions contained in Rule 10, Order VIII, should be enforced against the party in any case where it is applicable. In other cases substantial costs as a rule should be ordered to be paid.
### 138. (1) The attention of presiding Judges is directed to the provisions of Rule 1, Order X which are rarely observed. If the allegations of fact made in the plaint or written statement are not admitted or denied in the pleadings, either expressly or by clear implication, the Court should at the first hearing proceed to question the party or his pleader and record categorically his admission or denial of those allegations.
(2) Order X, Rule 2, empowered the Court at the first or any subsequent hearing to examine any party appearing in person or present in Court, or any person by whom the party or his pleader is accompanied and who is able to answer material questions. This does not include a pleader but does include a person having knowledge of material facts who accompanies the pleader. This power (under Order X, Rule 2) is intended to be used by the Judge only when he finds it necessary to obtain from such party information on any material question. It is not intended as a substitute for pleadings or as a substitute for trial.
(3) Examination of the parties Order X, Rule 2, is intended to assist in settling the issue, not a mode of modifying pleadings. It should normally only be necessary in which illiterate litigants are concerned whose defective instructions have resulted in vague and irrelevant allegations in the pleadings. If irrelevant and scandalous allegations are made in pleadings they may be struck out but normally pleadings should only be amended on application made.
### 139. Documentary evidence may be conveniently grouped into three classes representing as many stages in the progress of the suit-
Class I. - Document upon which the plaintiff sues or relies.
Class II. - Documents which should be produced at the first hearing.
Class III. - Documents which become relevant during the course of the trial e.g., previous statements put into contradict witnesses, documents handed to a witness to refresh his memory, etc.
### 140. In dealing with documents of class I in Rule 138, the attention of Court is drawn to the mandatory provisions of Order VII, Rules 14 and 15. The penalty for failure to comply with these provisions is contained in Rule 18 of the Order. The leave required by Rule 18 (1) of Order VII should not be given as a matter of course and the grant of such leave should be specifically recorded in the order-sheet.
Note. - A certified copy of a public documents should, for the purpose of Order VII, Rule 14, be regarded as in the power of a person entitled to obtain such a copy.
### 141. In dealing with the documents of class II in Rule 138, the attention of the Courts is drawn to the provisions of Order VIII, Rule 1. This rule makes it incumbent on the parties to produce at the first hearing all documentary evidence of every description in their possession or power on which they intend to rely. Order XIII, Rule 2, provides that documents which ought so to have been produced but have not been produced snail not be received at any future stage unless good cause is shown for their non-production at the appointed time and further requires that the Court shall record its reasons for receiving such documents. The Court should, therefore, formally call on the parties to produce their documents and lists and should make a note in the order-sheet of having done so and that the parties in reply produced the documents entered in a certain list or stated distinctly that they had nothing to produce.
Note 1. - A list of reliance, if any, has to be filed by the plaintiff at the time of filing the plaint and may be filed by the defendant at the time of filing the written statement. A "list of reliance" filed by the plaintiff at any other time, or by the defendant, does not exclude the party filing it from the obligation under Rule 2 of Order XIII, of showing good cause of the non-production of the documents included in the list at the appropriate time.
Note 2. - Rule 2 of Order XIII applies to all kinds of documentary evidence, whether consisting of original documents or certified copies of public documents. If a party wishes to produce later certified copies which he has not yet obtained his intention should invariably be announced at the first hearing. He should then be required to specify the originals and the details should be recorded in the order-sheet. A certified copy should not ordinarily be received after the first hearing unless the tenderer shows he has exercised reasonable diligence in applying for and obtaining it and the Court must record its reasons under Rule 2 of Order XIII for receiving it.
Note 3. - These instructions do not apply to documents which only become relevant during the course of the trial.
### 142. Where it appears to the Court that documentary evidence will play an important part in the decision, both parties should, with due regard to the proviso to Order XI, Rule 12, be directed to file affidavits of documents under Order XI, Rules 12 and 13 of the Code. Ten days should ordinarily be sufficient for the purpose. In this connection, the attention of presiding Judges is directed to Rule 21 of Order XI which lays down that where any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and if a defendant, to have his defence, if any, struck out and to be placed in the same position as if he had not defended. This rigorous power should be employed with due regard to the backward state of certain litigants; but this regard should not paralyze the power but soften its application by giving an opportunity to the party in default to put the matter right by a given date.
### 143. (1) The provisions of Orders XI and XII, Civil Procedure Code, relating to "discovery and inspection" and "admission" were introduced into the Code of 1908 to save both time and expense and to shorten litigation by preparation of cases before trial. But these valuable provisions are found to be rarely, if ever, used, with the result that not only are suits protracted beyond all reasonable length arid costs needlessly sacrificed but no real progress with the case is made at all before it comes on for hearing. The importance and necessity of a systematic use of these provisions cannot be too strongly insisted on. The machinery of discovery, inspection, etc., if properly understood and utilized, settles many side issues and a quantity of controversial matter and extracts from either side all the documents that have any bearing on the cases that are or were in its possession at an early stage of the suit, so that cases come up fully prepared for trial and their duration is shortened.
(2) Presiding Judges must make themselves thoroughly conversant with the rules relating to discovery, inspection, etc., and the High Court desires it to be understood that definite and systematic attempts should be made to apply them in all suitable cases. Presiding Judges should try to persuade parties and their pleaders to make proper admissions and to make full use of these provisions of Code and in suitable cases should themselves take the initiative in introducing and applying these rules. By an intelligent and judicious use of the provisions of Section 30, Civil Procedure Code, it should be possible for presiding Judges to initiate a systematic practice as regards the preparation of a case for trial and presiding Judges must regard it as part of their ordinary duty to act suo motu under Section 30, Civil Procedure Code, in suitable cases even when parties or counsel fail to do so.
(3) In this connection the attention of presiding Judges is invited to the provisions of Order XII, Rules 2 and 4 of the Civil Procedure Code, of which use should be made on all appropriate occasions. These rules contain a mandatory provision that when a notice to admit (a) documents (Order XXI, Rule 2); or (b) facts (Order XII, Rule 4) has been served and the person so called upon has refused or neglected to admit, the subsequent costs of proving the documents or facts should be ordered to be paid by the party so neglecting or refusing if it appears that they should have been admitted, whatever the result of the suit may be; and further that no costs of proving the documents should be allowed unless notice to admit has been given to the opposite party except where the omission is, in the opinion of the Court, a saving of time. It is the duty of the presiding Judges to check, when signing decrees, that the above provisions of law have been given effect to in taxing costs.
(4) Particular attention is drawn to the new and important Rule 3A of Order XU, C.P.C. empowering the Court to call upon any party to admit any document and record admission, refusal or negligence.
Note. - In forming an estimate of the merit and general efficiency of officers their ability to make a systematic and intelligent use of these rules will be taken into consideration and the District Judge should, in his inspection, record whether the provisions referred to are being systematically and effectually made use of.
### 2. Issues ###
144.
(1) Issue should be framed on the date fixed for the purpose by the presiding Judge himself after reading the plaint and the written statement and other pleadings, if any, and after such examination of the parties or their pleaders (Order X, Rule 1) as may appear necessary. It may also be necessary to look at the documents produced by either party or ordered to be produced (Order XIV, Rules 1 and 3). Answers to interrogatories, if any, should be pursued [Order XIV, Rule 3 (b)]. Agreed issues should be encouraged but the mere fact that issues are agreed does not absolve the Court from the duty to the consider and settle them. The Court should, however, be slow to interfere with agreed issues.
(2) The correct decision of a suit depends to a large extent on the correct determination of the points in controversy and the utmost care and attention is, therefore, needed in ascertaining the real matters-in dispute and in fixing the issues in precise terms. It should be observed that the party is to produce evidence "in support of the issues he is to prove" (Order XVIII, Rules 2 and 3) and that the Court shall state its findings on the issues (Order XX, Rule 5, Civil Procedure Code).
### 145. (1) In framing issues the Court shall proceed as follows :
(a) Every material proposition of fact and every proposition of law which is affirmed by the one side and denied by the other, shall be made the subject of separate issue.
(b) Every issue of fact shall be so framed as to indicate on whom the burden of proof lies.
(c) Every issue of law shall be so framed as to indicate the precise question of law to be decided.
Note. - When the claim or any portion of it is alleged to be barred by any law, the issue shall also state the Act and section or rule or other authority under which it is so barred.
(d) When the question is whether a certain section of law applies, the issue should be framed in the words of that section, e.g., if the question is whether a transfer should be set aside under Section 64 of the Provincial Insolvency Act, the issue should not be "Is the transfer bogus and fraudulent?"
(e) Issues should be self-contained. An issue "Is the sale liable to be set aside for the reasons stated by the defendant in his written statement, dated..............." is to be avoided.
(f) Every issue should form a single question and as far as possible should not be put in an alternative form.
(g) No proposition of fact which is not itself a material proposition but is relevant only as tending to prove a material proposition, shall be made the subject of an issue.
(h) No question regarding admissibility of evidence shall be made the subject of an issue.
(2) When the Court is of opinion that there are issues of law going to the roof of a case, it may raise such issues as preliminary issues before setting further issues and try them first (Order XIV, Rule 2). The provisions of Order XV, Rule 3, should also be applied in suitable cases. Issues regarding valuation of suit and similar issues must be disposed of at a very early stage of the suit without keeping them for trial along with the other issues affecting the merits of the case.
### 3. Recording of Evidence ###
146.
(1) The provisions of Order XVIII, Rule 2, Civil Procedure Code, regarding the opening of a case are often ignored. It is essential that these provisions should be strictly followed, i.e., the evidence of each side should be preceded by a terse but complete statement of the case to be made out, showing the exact nature of the claim, the facts to be established by the evidence which will be adduced, the general character and bearing of that evidence and a clear statement of any proposition of law involved. The fact of the opening of the case should be noted in the order-sheet.
(2) The case stated by the. pleader in his "opening" must be in accordance with the party's pleadings, for no litigant can be allowed to make at the trial a case different from that which he has placed on record on which his adversary is prepared to meet. The failure of a party to open his case, and to state exactly the line which he proposes to take, provides an opportunity to him to change the case which he originally had in mind and to call not only the witnesses whom he had originally intended to call, but other witnesses on different points to support a different case, if he sees that the case which he had in his mind is not progressing as satisfactorily as he desires.
(3) When the party having the right to begin has stated his case and the witnesses adduced by him have been examined, cross-examined and re-examined, and the documents tendered by him have been either admitted in evidence or rejected, the opposite party, or each of the opposing parties having a distinct case, should state their respective cases succession if they desire to do so, and then produce their evidence.
### 147. (1) Depositions should be recorded on the printed forms supplied. It is a convenience to appellate Courts if lengthy depositions are divided into numbered paragraphs. When a deposition cannot be completed in one sheet, the printed forms for the continuation of deposition should be used for all sheets after the first, each such sheet being marked in the right hand top comer with a number denoting its order in the deposition; thus the first continuation sheet will be marked "2", the second "3" and so on. The deposition of each witness should be recorded on a separate sheet and in the manner prescribed in Order XVIII of the Civil Procedure Code. It is illegal and improper to record the deposition of one witness at length and to enter against the names of other witnesses "state as above". Deposition should be recorded in the first person.
(2) The headings, both of deposition sheets and of continuation sheets, are invariably to be filled up by the presiding officer himself. In the former, the word "oath" will be substituted when required for "affirmation". The age of the witness stated in the heading will be estimated by the presiding officer, if the witness does not appear to be able to state his own age correctly. If, for any special reason, it is necessary to record as such, the witness's own statement as to his age, it will be recorded in the body of the deposition. The particulars as to the name, parentage, residence and occupation of the witness are a part of the deposition itself, and are not to be recorded till the oath or affirmation has been administered. The statement as to the occupation of the witness is to be recorded with precision, e.g., "servant" is not a sufficient description, it should appear what sort of servant the witness is. Where the witness is a married woman, her husband's name should be recorded instead of her father's.
Note 1.-The name of an European witness should be recorded in full. It is not necessary to record his father's name, and in the case of well known official the age may be omitted from the heading.
Note 2.-Except where it is relevant for the purpose of legal proceedings a witness should not be asked to reveal his caste as a matter of course. It will, however, be open to the Court of elicit the information in respect of a particular witness if the circumstances so justify.
(3) When the use of words or phrases not used in Hindi or English is unavoidable, the nearest equivalent of the language of the deposition should be added in brackets (except in the case of technical, revenue or law terms) so as to clarify in what sense the lower Court is using that term. Similarly, where the dates are not according to a widely understood calendar, the equivalent dates of National Calendar should be given in brackets.
(4) Each deposition should be signed (not merely initialled) by the presiding officer, who should add to his signature at least the initials indicating his official designation, so that the deposition may be complete in itself. He shall also sign a certificate at the foot of each deposition to the effect that it has been read over or interpreted to the witness, in the Judge's presence.
Note. - The provisions of Order XVII, Rules 5 and 6, Civil Procedure Code, as regards the reading over the interpretation of evidence to witnesses in the presence of the Judge are frequently overlooked. These provisions of law should be strictly followed.
(5) It is important that the whole of the evidence given by each witness should appear in one place, and not scattered at intervals through the record. Therefore when a witness is, for any reason, recalled and further examined after the close of his original deposition, such further examination should appear as a continuation of the original deposition, being headed as follows, for the sake of distinction.
"Recalled for further examination on this (here enter the date) after the (here show the stage of the proceedings immediately preceding the recall of the witness, e.g., if the first witness for the plaintiff is recalled after the tenth, the entry would be 10th witness for the plaintiff)"-
(6) Care should be taken to make deposition as little confusing as possible. In particular different words or phrases should not be used in different parts of the deposition to describe the same objects and documents. A person should be referred to in a consistent manner, e.g., he should not be referred to by his family name at one place and by his personal name at another.
### 148. The attention of Courts is drawn to the provisions of Order XVIII, Rule 4, that witnesses are to be examined in open Court. The power under Section 30 (c) (and see Order XIX, Rule 1) to order any particular fact or facts to be proved by affidavit or the reading of an affidavit of any witness at the hearing, should be exercised only in special circumstances, or, as that rule declares "for sufficient reason", which should always be specified in the order; there can be no general order for the admission of affidavits in suits oi appeals.
### 149. A judge may use a type-writer for the purpose of recording deposition or memoranda of evidence, but each page of such deposition or memorandum of evidence so recorded should be signed by the Judge.
### 150. The imperative language used in Sections 5, 60, 64, 136 and 165, Evidence Act, indicates that a Court should, whether objection to evidence if or is not raised by any party, compel observance of the law. It is, therefore, the duty of the Judge to ascertain by a few questions put to each witness at the proper time, whether he is speaking of matters within his own knowledge, or merely of those which he has heard from others; and if the former, what are the means of knowledge. Under Section 165 of the Evidence Act the Judge may, in order to discover or to obtain proper proof of facts question a witness at any time about any fact, relevant or irrelevant, but he should not ordinarily interfere after the examination-in-chief has been finished and question the witness upon points to which the cross-examination will properly be directed, as to do so may tender the subsequent cross-examination ineffective.
(2) When a witness is being cross-examined, the Judge should guide himself by the provisions of Sections 146, 148,151 and 152 of the Evidence Act, and disallow any question which appears to him to be improper. He should see that much is not made of trifling discrepancies, that the examination is not protracted beyond reasonable limits even if the questions put be logically relevant, and that the witness is not subject to questions which merely invite repetition of the story which he has already given in his examination-in-chief in the hope that he will change it in the repetition. In this connection Section 136 of the Evidence Act should be borne in mind, as it empowers the Judge to ask a party proposing to give evidence in what manner the alleged fact, if proved, will be relevant. The cross-examiner must not be allowed to bully or take unfair advantage of the witness. Use should be made of the disciplinary power conferred by Section 150 when its exercise appears to be called for.
(3) While it is necessary for the Judge to check random and pointless questioning be should be careful not to frustrate a skilful cross-examination by interposing when the draft of the questions is not immediately apparent and some questions are repeated. He should endeavour to follow the line and purpose of the cross-examination closely and should only ask the examiner to explain relevancy of a line of enquiry when it obviously possesses no point or bearing upon the case.
(4) A witness may be questioned in cross-examination not only on the subject of enquiry but upon any other subject, however remote, for the purpose of testing the credibility, his memory, his means of knowledge, or his accuracy. The moment it appears that a question is being asked which does not bear upon the issue or give promise of helping the Court or to estimate the value of the witness's testimony, it is the duty of the Court to interfere as well as to protect the witness from what then become an injustice or insult so as to prevent the time of the Court from being wasted. The Court should also prevent any evidence being given to contradict a witness in contravention of Section 153 of the Evidence Act.
Chapter IX
Judgement, decree and costs
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### 1. judgement ###
151.
The attention of the Courts is drawn to the provisions of the Order XX, Rules 1 and 5, and Section 33, Civil Procedure Code, regarding the preparation and pronouncement of judgements. The Courts will also be guided by the instructions in the following rules.
### 152. judgements should be typed or written legibly on half sheets of foolscap paper, a margin of one-third of each sheet being left blank to the left on the front and to the right on the reverse. Each judgement should be divided into numbered paragraphs. The use of letters instead of numerals in indicating paragraphs, the division of paragraphs into sub-paragraphs and excessive length of paragraphs should be avoided. If a judgement is typed each page thereof shall be signed by the Judge.
Note. - The practice of writing judgement or part of judgement on any kind of proper and sometimes even on scraps of paper is strongly deprecated by the High Court.
### 153. judgements shall be dated and signed by the Judge in open Court at the time or pronouncing them (Order XX, Rule 3, Civil Procedure Code). The practice of writing the judgement after deciding the case by an oral judgement is not sanctioned by the code and must not be resorted to. judgements must always bear the date on which they are delivered and signed in Court.
### 154. (1) The object of a judgement is to set out in as lucid a form as possible the nature of the dispute and the circumstances necessary to understand it, the case put forward by each side with their allegations in support of it, the points on which they are at issue, the marshalling and discussion of the evidence or law on each point, and a clear and unambiguous decision point by point till the dispute is decided in all aspects raised. A person reading the judgement should thus know what the case is about, what the parties said about it, the points on which they were in conflict, and what the Judge decide on every question raised.
(2) The form of a judgement must be such as to carry out this object. The form may vary, but ordinarily follow the rules given below.
(3) A judgement or order should be divided into consecutively numbered paragraphs of a reasonable length not exceeding three quarters of a page as a rule, so that reference made in argument before a higher Court can easily be found. The opening paragraph should state briefly what the nature of the action is, so that it can be gathered from the start what the judgement is about and what points are to be looked for. The next paragraph or two should give tire admitted facts, that is, facts which neither side disputes, insofar as they are necessary to understand the case.
(4) Next should follow the case for the plaintiff, and after this the case for the defendant. Where there are several defendants putting forward different cases it may be necessary to put the plaintiffs case against each defendant separately along with that of defendant's answer to it. There is no hard and fast rule except that allegations and counter allegations must be strictly differentiated from admitted facts and kept apart from them, and must be expressed in such a way that a person reading the judgement can see what plaintiff said and what the defendant replied. The case for each side should be comprehensively summarized, not merely copied down in abbreviated form. It is not uncommon to see the incorrect form. "The plaintiff alleged that..... .That...........; etc." This is copying the plaint, in abbreviated form instead of taking the trouble to state the case.
Note. - All that Rule 4 (2) of Order XX requires is that in a judgement the case should be stated in few words so as to bring out its nature. It is not necessary to reproduce the pleadings which are available in the record for reference by any higher tribunal.
(5) Next come the issue. If the allegations are set out properly the issues will be obvious before they are explicitly stated. The subject of an issue is to lie down the evidence and arguments and decision to a particular question so that there may be not doubt what the dispute is and how it has been decided.
(6) An issue may involve several points. For instance, if the question is whether debts were incurred for immoral purpose it may be necessary to decide the particular immoral purpose and immoral application of each loan, the date and the circumstances under which it was borrowed, and so on. As far as possible each point that arises for decision should be taken consecutively, the evidence for and against marshalled, where necessary, the law considered and the arguments on each side, and then the decision on the point given. Each point should have a paragraph or more itself. When all the points supposing there are more than one relating to a particular issue have been considered and decided, a finding on the issue as a whole should be given.
(7) It is essential to give a definite finding on every point and every issue so that a higher Court may know what the decision was and not find itself faced with ambiguities.
(8) After all the issues have been dealt with comes the decision of the case. Where it is necessary to give particular directions as to debts, costs, action to be taken, etc., they should be clearly given so that the decree may be properly drawn up and there may be not argument as to what the Court really ordered to be done.
(9) A point that is obvious and undisputed should not be laboured.
(10) Genealogical trees should be set out as clearly as possible and where in introducing a case it is necessary to name a number of people of to state their relationship particular care should be taken in making the relationship clear and showing what the persons named have to do with the case. It is not a rare thing to find judgements beginning with such a sentence as this : X and Y own adjoining fields, without saying who X and are, or how it matters whether they own any fields or not This kind of beginning, expressed here in its simplest form, leads to severe difficulties where it assumes as it often does a more complicated form.
(11) The marshalling of evidence is not the repetition of what a witness said but the critical grouping together of the relevant statements of particular witnesses for and against a particular fact. The proper way to marshal evidence is something like this; that A, B and C agree m such and such a version but are contradicted on such and such points by D and E, that a contrary version (being such and such) given by X and Y unsupported such and such details by Z, is against the probabilities or against such and such established facts; therefore the version of A, B and C, with such and such modifications, appears to be correct.
(12) The judgement should not be begun until the Judge has it clear in his own mind what points he is to decide, how he is going to decide them and why. He should try to deal with them as lucidly and concisely as possible. A prolix judgement is not a sign of carefulness but of inability to come to the point. It is a Judge's duty not to write a page where a few lines would have sufficed.
(13) A judgement is unlikely to be lucid throughout unless the Judge carefully reads it over afterwards and corrects it where necessary before signing it.
### 155. (1) When issues are framed the Court must record its findings or decision, with its reasons therefore, separately on each issue which needs division (Order XX, Rule 5). It is not sufficient to record "I find the issue in favour of the plaintiff" or "I find the issue proved", as is sometimes done. Such findings are often ambiguous and may sometimes be entirely misleading. Similarly, when issues are framed in the negative, the findings thereon should always be expressed fully in the form "Defendant did (or did not) receive consideration." "The transaction was (or was not fraudulent)". He is (or is not) liable", etc. In any case the finding must be in plain and distinct terms. When two or more issues are so intermixed or interdependent that there is distinct advantages in taking them up together, they may be so taken up. In the judgement the findings should be recorded immediately opposite the corresponding issues.
Note 1. - This also applies to appellate judgements in appeal cases in which issues have been framed.
Note 2. - All the issues should be dealt with. It is not enough to dispose of what the trial or appellate Court regards as a vital issue another Court may arrive at a different conclusion on that issue and then in the absence of findings on the other issues, a remand becomes necessary causing great delay.
(2) The use of non-technical words or phrases foreign to the language of the judgement should be avoided as far as possible. If such use is unavoidable the nearest equivalent in the language of the judgement should be added in the brackets. Similarly, when referring to uncommon dates occurring in a document or a deposition the dates according to national calendar should be given in brackets.
(3) Witnesses should be described in the judgement not merely by their numbers but by their names. The names need not, however, be given, on each occasion of reference, at full length, but sufficiently to denote the person meant.
### 156. The ordering portion of the judgement in an original suit, whether decided after trial or otherwise, should set out the reliefs granted and in an appeal the modifications (if any) made in the original decree explicitly and with particularly and precision.
### 157. judgement should state specifically whether any or what interest (including interest pendente lite) is allowed, and also whether interest is to run only on the sum to be recovered under the decree or both on that sum and cost and at what rate.
### 158. judgements must be promptly written and delivered. The longer the delivery is delayed the less valuable is the decision likely to be. Delay in writing judgement weakens the grasp of the facts of a case and causes waste of time by the necessity of refreshing memory by study of records. It also intensifies the anxiety of litigants and prolongs their suspense.
### 159. The practice of reserving judgement without fixing any specific day for its delivery is objectionable and should not be resorted to. When after conclusion of arguments the presiding Judge cannot conveniently pronounce judgement at once on account of the complexity of the case, or the necessity to consider many rulings, he shall record an order in the order-sheet fixing a date for pronouncing judgement notice of which shall be given to the parties or their pleaders. If the judgement is not ready on that date, it should be adjourned to another date to be similarly recorded in the order-sheet after due notice to the parties or their pleaders.
### 160. The practice of writing judgements (except when judgement is delivered immediately on the conclusion of the hearing) during the Court hours in the early part of the day is to be depreciated. judgements may be written after the day's cause list has been completed.
### 161. Every Judge proceeding on leave or transfer must write judgements in all cases and appeals heard by him up to and including the stage of arguments. In all cases where by reason of illness or sudden making over charge this rule cannot be followed, a report shall be submitted to the District Judge giving the date on which the case was closed for judgement and full reasons for failure to deliver judgement. The District Judge should carefully scrutinize the report and in all cases where he is not satisfied of the sufficiency of the reasons submit the report for the orders of the High Court.
Note. - The High Court attaches great importance to the strict observance of this rule. Only in exceptional circumstances may a judgement be left to be written by a Judge's successor. The reasons given for so doing will be carefully scrutinized and unless cogent and convincing will not be accepted.
### 162. Courts have power to pronounce judgement at once for or against any one of the defendants when there are more defendants than one and the particular defendant is not at issue with the plaintiff on any question of law or of fact (Order XV, Rule 2, Civil Procedure Code). This power should be exercised on suitable occasions in order that trials may be confined to the real contesting parties. Similarly, Order XII, Rule 6, empowers the Courts to pass, on an application made for the purpose, a decree on admission at any intermediate stage of the suit.
Note. - A decree passed under either of the two rules of die Civil Procedure Code referred to above is executable forthwith.
### 163. Attention is drawn to Section 3 of the Indian Law Reports Act 1875, which provides that a Court is not bound to treat a case reported in an unauthorized report as binding on it. The Courts usually accept citations from recognised Law Reports except when the correctness of the report doubted.
### 164. The attention of the Courts is drawn to Order XXII, Rule 6 which provides that, if any party to a suit dies between the conclusion of die hearing and the pronouncing^ of the judgement may be pronounced, notwithstanding the death and that such judgement shall have the same force and effect it had been pronounced before the death took place.
### 2. Drawing Up of Decrees ###
165.
Decrees or orders should be prepared with great care and caution. Decrees or orders defectively drafted by ministerial officers and passed without correction and as a matter of course by the Judge, are cause of various troubles in execution. Attention is drawn to Order XX Rule 7, which requires the Judge to satisfy himself, before signing the decree or order, that it is in accordance with his judgement.
### 166. (1) A decree or order must agree with the judgement and be not only self contained, so that it may not be necessary to refer to any other document or paper for its understanding and execution, but also precise and definite in its terms.
(2) A decree or order (ex-parte or otherwise) shall specify clearly and distinctly the nature and extent of the relief granted, what each party affected by it is ordered to do or forbear from doing, and other determination of die suit (Order XX, Rule 6). Every declaration of right made by it must be concise yet accurate; every injunction simple definite and plain.
(3) If a decree or order is affirmed on appeal the terms thereof shall be recited, so as to make the appellate decree or order complete in itself. If a decree or order is varied or modified, the relief granted in lieu of or in modification of that originally granted shall be fully and accurately set out. If a decree or order is reversed, the relief granted to successful party shall similarly be stated.
Note 1. - Maps prepared by the direction of, or accepted by the Court and which are necessary to illustrate or explain the terms of the order passed should be attached to and should form part of the decree, or order and must be signed by the Judge.
Note 2. - Where different valuations are put for purposes of jurisdiction and for payment of court fee, both values should be state the decree or order. The amount claimed as mesne profits should be separately shown. In the case of an appellate decree or order, the valuation as given m the decree or order of the first Court should also be embodied.
Note 3. - Interest, if any, allowed by the Court should be clearly shown in the decree or order and also the period for which and the rate at which interest has been allowed. It should also be clearly stated therein whether interest is to run on the decretal amount or on both that amount and costs.
### 167. In dealing with the cases of satisfaction, compromise or adjustment the attention of presiding Judges is invited to the provisions of Rule 3 of Order XXIII. This rule contemplates two separate actions by the Court- (1) Ordering the agreement, compromise or satisfaction to be recorded, (2) Passing decree in accordance therewith so far as it relates to the suit. A proper and effectual way of carrying out these actions will be either to recite the whole agreement in the decree and to conclude with an order relative to that part which was the subject-matter of the suit or to introduce the agreement as a schedule to the decree.
### 168. When the subject-matter of the suit is immovable property, the nature of the property affected by the decree must, in accordance with Order XX, Rule 9, be clearly specified without reference to the plaint or to any other part of the record.
Note. - In drawing up a decree for land it is the duty of every Judge to satisfy himself that such details are given as to render it impossible that there shall be any mistake as to the area and boundaries of the land and that nature of the right which the Court has adjudicated.
### 169. To each decree in a mortgage suit should be attached a separate sheet showing in detail the process by which the amount declared due by the decree has been arrived at. The account shall be stated under the following general heads :
(i) Principal sum secured by the mortgage.
(ii) Interest thereon at the rate of.................. from the............ day of..........20..........to the............day of....................20..................
(iii) Costs of the suit.
The statement of accounts thus required to be furnished shall be signed by each pleaded who affixes his signature to the decree and shall then be signed and dated by the Judge at the time of signing the decree.
### 170. If the amount of costs awarded by judgement is only a part of the amount of costs scheduled as having been actually incurred, the calculations by which the former amount is arrived at should be clearly indicated. The decree should not be signed and dated until the schedule of costs has been filled in and until it is in all respects complete.
### 171. In suits where a preliminary decree is followed by a final judgement, a final decree shall be drawn up in terms of the final judgement. The final decree, being an adjudication completely disposing of the suit and conclusively determining the rights of the parties, shall be full and complete in itself, so as to be capable of being understood and executed without any reference to the preliminary decree.
### 172. When the decree is against a spouse for restitution of conjugal rights, it should order that the spouse do return.
### 173. Decrees shall ordinarily be prepared within three days of the judgement or order.
### 174. Every decree shall set forth the powers of the Judge in exercise of which the suit was decided by him and shall bear date, the day on which the judgement or order is pronounced.
### 175. The directions contained in Order XX, Rule 6, of the Code of Civil Procedure, are very often imperfectly complied with. The names and descriptions of the parties to the suit must invariably be set forth in full; where there are several plaintiffs or several defendants it is not sufficient to enter the name of one person only with addition of "etc".
### 176. (i) As soon as a decree has been drawn up the Court shall cause a notice to parties and their pleaders of decrees being drawn up (in Form No. 211 on Schedule II) to be exhibited on the notice board stating that such decree has been drawn up and that it may be perused by the parties or their pleaders within three days from the date of posting of the notice.
(ii) When such notice has been posted any party or his pleader may before the expiry of the time prescribed in the last preceding rule peruse the decree and if it is incorrectly prepared bring the matter to the notice of the Court.
(iii) If no such objection is made on or before the date specified in the notice the Judge shall sign the decree giving the date of his signature.
(iv) If any objection is raised as to the correctness of the decree it shall be heard and disposed of by the Judge by an order to be recorded in the order-sheet and the correction or alternation, if any, as directed by him, shall be made in the decree and initialled by the Judge. When the above preliminaries have been concluded, the presiding Judge, having satisfied himself as to the correctness of the decree and the schedule of costs, shall sign it and endorse the date of his signature.
### 177. A decree shall be drawn up in case of dismissal under Order XLI, Rule 11 (1) , Civil Procedure Code. No decree shall be drawn up in case of rejection of plaint and determination of any question falling within Section 47 or Section 144 or in case of any adjudication from which an appeal lies as an appeal from an order or any order of dismissal for default. But in such cases a schedule of costs shall be drawn up just below the order passed and the names of the parties by whom costs are to be paid and received shall also be stated and signed by the Judge.
### 178. Copies of all decrees, original and appellate, passed in pauper suits shall be transmitted without delay to the Collector of the district in which the Court passing the original decree is situated.
### 3. Costs ###
179.
(1) The discretion vested in the Courts by Section 35 of the Civil Procedure Code should be so exercised as to award to the successful party, as costs, a sum approximately equal to the amount which he has been compelled to spend. In particular, provision should be made for costs of making, copies of pleadings, applications or affidavits which by the rules are required to be served on the opposite party, for the costs of obtaining certified copies of relevant documents put in evidence and for money spent in paying searching fees at registration offices in order to obtain necessary documents.
(2) The discretion should be exercised judicially after taking into consideration the particular facts and circumstances of each case. The matter must not be delegated to clerks. The items of costs at the foot of the form of decree are not exhaustive. The scales of pleader's fees, as prescribed by rules made under the Legal Practitioners Act, 1879, or the Bar Councils Act, 1926, are also not rigid, and express provision is made in the rules that more or less costs than allowed by the scale can be awarded if the circumstances of the case so required. If the items given in the form of a decree do not cover any particular item of costs, new items as required may be added in manuscript.
### 180. (1) The taxing of costs is a matter which has in the past received too little attention and Judges will find that the proper allocation of costs will be of great help in increasing the use made of Orders XI, XII and X1H of the Code. The mandatory provisions of Order XII, Rule 4, and Order XI, Rule 3, are often ignored. No cost should be allowed which appear to the court to have been incurred or increased unnecessarily or through procrastination, negligence or mistake.
(2) When amendment of pleadings, adjournment, restoration, etc., has been allowed on terms care should be taken to see that the effect of the terms are properly incorporated in the schedule of costs.
(3) Without prejudice to the general directions given above proper and necessary costs to be allowed should exclude expenses such as the following unless the Court specifically directs otherwise :
(i) Court-fee stamps on all applications dismissed, or not allowed or not pressed.
(ii) Court-stamps on all unnecessary or defective applications or applications to suit the convenience of a party, such as, for adjournment of hearing, for time to file written or other statement or to take some step, for showing cause in case of any default or omission, for withdrawing a claim, for amendment of any pleading or petition and the like.
(iii) Expenses of affidavits made for the convenience of a party or his witness or which are defective or which unnecessarily set forth matters of hearsay or argumentative matter or copies of or extracts from documents.
(iv) Expenses of filing and providing all unnecessary document or documents which the other party was not previously called upon to admit by notice (Order XII, Rule 2), or of exhibiting all unreasonable interrogatories (Order XI, Rule 3).
(v) Process fee for serving persons dismissed from the suit, or found by the Court to have been unnecessarily impleaded, or the claim against whom has been dismissed, withdrawn or not prosecuted.
(vi) Charges incurred in procuring the attendance of unnecessary witnesses.
(vii) Extra costs incurred in obtaining an express copy under Rule 519 (2).
### 181. Every Judge should at the time of passing order on each application note whether or not the costs of it should be costs in the cause, or plaintiffs (or defendant's) cost in any event and, before signing the decree, shall satisfy himself that such directions have been given effect to in the schedule of costs.
### 182. Where "proportionate costs" are allowed, such costs shall bear the same proportion to the total costs as the successful part of the claim of each party bears to the total claim. When "corresponding costs" or "cost according to success" are decreed, the assessment is to be made as if the suit had originally been brought at an amount representing the value of the successful part of the claim.
### 183. Under Section 35A, Civil Procedure Code, compensatory costs for false or vexatious claims or defences can be awarded by Courts under certain circumstances there set out.
Chapter X
Execution of decrees
-----------------------------------
### 1. General ###
184.
(1) Execution of decrees or of orders should receive as much attention as original suits and appeals. Every presiding Judge should see that the processes of the Court are not abused, that the reliefs available under decrees or orders are obtained by applicants and that cases are disposed of as speedily as possible.
(2) All cases of fraud, negligence, suppression of processes and resistance to execution should be carefully scrutinized by every Judge with a view to punishing the offenders and taking such steps as may be necessary to prevent their recurrence.
(3) Close supervision and control should be exercised by District Judges over the execution of decrees business pending in all Courts subordinate to them, and any officer who habitually neglects this branch of work or disposes of it perfunctorily should be reported to the High Court.
### 185. Execution work should be taken up at regular intervals. The most satisfactory method is to fix one or more days a week, sufficient for the disposal of the execution work. Should the work be in sufficient for a complete day a portion of a day may be allotted.
### 186. In dealing with application for execution the attention of the Courts is invited Rules 11 (2) , 12 and 13 of Order XXI, Civil Procedure Code, which lay down the particulars to be included in such applications. The Courts should see that the required particulars are distinctly and completely set down and should not grant any relief not specifically mentioned in the application. In particular, interest, if any subsequent to the decree should be correctly calculated and the total amount for which execution is prayed should be clearly stated. If possession is sought the kind of possession desired should appear; and if actual possession is sought it should appear that the judgement debtor or some one bound by the decree is m actual possession.
### 187. The filing of a copy of the decree along with the application for execution is not compulsory, but if it is not possible to verity the correctness of the particulars in the application for execution from the Court register the Court may ask the applicant to produce a certified copy. [Order XII, Rule 11 (3) ]
### 188. On receipt of an application for execution an order-sheet shall be attached to it at once and a short date, ordinarily three days ahead, shall be fixed for the appearance of the applicant. In the mean time the execution clerk shall check the application and endorse on it a report certifying that he has done so and showing in detail the defects, if any, discovered by him. The application shall be put up by him for the Judge s on the date fixed.
### 189. Checking of applications for execution as required by Order XXI, Rule 17, should be done with care and attention While it is necessary to be satisfied that all essential and material particulars are correctly stated, should at the same time be impressed upon the ministerial officers authorized to receive applications that they are not to be returned on frivolous grounds.
### 190. (1) On the date fixed-
(a) if the applicant appears, the application,
(i) if correct, shall be admitted and registered as required by Order XXI, Rule 17 (4);
(ii) if incorrect, may be allowed to be amended then and there or returned for amendment with a date fixed for representation;
(b) if the applicant does not appear, the application shall be rejected.
(2) If the particulars of the application correspond with the entries m the register of civil suits, etc. or if the applicant accepts those entries as correct and amends his application accordingly, an order for execution should at once be made. If any discrepancy between the entries in the application and those in the register cannot otherwise be reconciled, the admission of fee application should be deferred pending a reference to the previous records.
Note. - The use of the words "struck off" is undesirable. The order should make clear whether the proceedings are dismissed or adjourned
(3) When the application returned for amendment is represented after proper correction, it shall be admitted and registered If the application be Found to be not duly corrected the Court may reject it or grant further time for amendment. If the application is not represented m time it shall be rejected unless the Court thinks fit to grant a further extension.
Note. - All orders prior to the registration of the application should be recorded in the order-sheet and signed by the Judge.
### 191. Where an application is made under Order XXI, Rule 15, by one or more of several total decree-holders, the court shall, unless a written authority permitting the applicants to execute the decree and to receive the money or property recovered, signed by the other decree-holders and verified as to its genuineness by the applicants, is filed in Court give notice of the order, if any, passed for the execution of the decree to all the decree-holders who have not joined in the application, and may also in its discretion give notice of any application for payment or delivery to the applicant or applicants, of any money or property recovered in execution, or may make such orders as it deems necessary for protecting the interest of the persons who have not joined in the application.
### 192. An order under Order XXI, Rule 24, appointing a ministerial officer to sign processes for execution should be writing; but processes for attachment, sale and delivery of possession of property and also warrants of arrest should be signed by the presiding Judge himself.
### 2. Payments And Satisfaction ###
193.
All moneys recovered by an officer executing a process or conducting a sale shall be paid into Court in the manner prescribed in Rule 72, Instruction XIV and Rule 514.
### 194. The attention of the Courts is drawn to Order XXI, Rule 1 (2) which requires that when money payable under a decree is paid into Court either by deposit or by postal money order, notice of such payment shall be given to the decree-holder. In case of payment by postal money order the notice may be given by registered post by the judgement-debtor direct to the decree- holder.
### 195. (1) When payment under a decree is made out of Court or it is otherwise adjusted in whole or in part under Order XXI, Rule 2 (1), a certificate in the form given below shall be presented to the Court. Such certificate need not be stamped. Should the certificate be accompanied by a formal written application, the application must be stamped under the Court-fees Act; but the stamp shall not be charged as costs against the judgement-debtor. The form of the certificate shall be as follows :
In the Court of the.......at..........
.........Plaintiff
versus
.........Defendant
Execution Case No of 20.................
Certificate By Decree-Holder/pleader For The Decree-Holder Under Order XXI, Rule 2 (1) , Civil Procedure Code
I,...........decree-holder/pleader for the decree-holder, certify to the Court payment or adjustment in the following terms of the amount of Rs...............in the above case by...........on the......
Date ....20...........
Decree-holder/pleader for the Decree-holder
Note 1. - If the certificate contains any extraneous matter or anything in the nature of a prayer, it should then be treated as an application, and will require to be stamped.
Note 2. - The payment or adjustment shall be noted in the appropriate columns of the register of suits.
(2) Whenever it comes to the knowledge of a server who has a process for execution that a payment has been made out of Court, he should report it in the endorsement required to be made under Order XXI, Rule 25 (1). The Court will then ascertain whether the decree-holder admits receipt of the payment, and the amount of which receipt is admitted should be recorded as required by Order XXI, Rule 2, and entered in the register of suits. If payment is not admitted by the decree-holder, it should be ascertained whether the judgement-debtor asserts that he made the payment; any necessary inquiry will then be made under Section 47 of the Civil Procedure Code and the result noted in the aforesaid register.
### 196. Money paid into Court shall be paid to the person entitled to receive the payment or to his authorized agent in manner prescribed in [Rule 511 (5) .]
[The correct rule No. should be 466 (5) .]
Note. - No payment shall be made to the pleader of the applicant unless his power of attorney contains an express authority for the purpose, or a separate instrument distinctly confers on him the authority to receive payment.
### 3. Attachment A. Attachment of immovable property
### 197. Application for attachment of immovable property should contain a description of the property sufficient for clear identification. For this purpose the survey number and area and the revenue or rent of land should be shown. The application should also specify the nature and extent of the judgement-debtor's interest.
Note. - See Note below paragraph 2, Rule 223.
B. Attachment of movable property and livestock.
### 198. In dealing with application for the attachment of livestock the attention of the Courts is drawn to the provisions of Paragraph (b) of the proviso to Section 60, Civil Procedure Code. The Courts must scrutinize with care all such applications and must be rigorous to prevent the attachment of cattle protected by that section. The section imposes upon the Courts an obligation to exercise their discretion in such a matter and the High Court will view seriously any case which comes to its notice in which that discretion has been evaded or exercise carelessly and negligently. Objection to the attachment of cattle on the ground that the cattle are not liable to attachment by virtue of Section 60 must be dealt with as early as possible and the High Court will not tolerate delay in dealing with such matters. District Judges at the time of inspection should check whether these instructions are being properly followed.
### 199. Particular attention of all Courts is drawn to Order XXI, Rules 43 and 43-A, Civil Procedure Code, as amended by the High Court. The following additional rules relating to the maintenance and custody, while under attachment of livestock and other movable property are to be served:
(i) For the purpose of these Rules movable property is classified as-
(i) Livestock.
(ii) Heavy and bulky property.
(iii) Light and convenient portable property.
(iv) Standing crops.
(i) Livestock
(ii) The attaching officer shall, in every case, make a list and valuation of the livestock attached in the following Form:
| | | | | |
| --- | --- | --- | --- | --- |
|
Number of suit and names of parties
|
Kind of livestock
|
Colour distinguishing marks and approximate age
of livestock
|
Condition and approximate value of livestock
|
To whom livestock is entrusted and what security
taken
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
and shall obtain thereto the acknowledgment of the person in whose custody the livestock are left, and if possible, of the parties to the suit and one or two respectable inhabitants of the locality, in attestation of the correctness of the list.
(ii) Heavy and bulky property
(iii) When an application is made for the attachment of heavy or bulky articles, the Court may demand in advance such sum in cash as may seem requisite for the purpose of conveying the said articles from the place o attachment to the Court-house, or to such other place as the Court shall appoint. But the Court may direct that such articles, after seizure shall be entrusted, on such terms as it may think fit, to the judgement-debtor or o some respectable person who is willing to undertake the custody thereof to and officer of the Court, to be kept in such place of safety as it may direct.
(iv) The attaching officer shall prepare an inventory of such articles attached, and shall obtain thereto the acknowledgment of the person in whose custody they are left, and if, possible, of the parties to Lie suit, and of one or two respectable inhabitants of the locality in attestation of the correctness of the list.
(v) In determining whether such articles should be taken to the Court-house or should be deposited elsewhere, the probable cost of their carriage in proportion to their value should be taken into account.
(iii) Light and conveniently portable property
(vi) Light and conveniently portable articles of all kinds and especially valuable property of small bulk, such as jewels, etc., shall, after seizure, be made over to an officer of the Court, to be kept in such place of safety as the court may direct. Pistols and revolvers shall be sent by the Court for safe custody, to the police station-house at the place where the Court is situated.
(iv) standing crops
(vii) When watchmen are required for standing crops of grain, fruit or the like, a sum in cash at a rate not exceeding seventy-five paise per diem shall, if the Court ordering the attachment thinks fit, be levied in advance for the period during which such watchmen are to be employed.
C.I-Attachment of Salary or Allowances of Persons in Government or Railway Service And of Persons Serving Under Local Bodies
### 200. (1) Under clause (1) of the proviso to sub-section (1) of Section 60 of the Code of Civil Procedure, 1908, such allowances forming part of the emoluments of any servant of the Government or of any servant of a Railway Company or Local Authority as the appropriate Government may by notification in the Official Gazette declare to be exempt from attachment are inter alia exempt from attachment. These are particularized in Appendix I.
(2) Courts should keep compilations of the latest periodical notifications issued by the State Government under Section 61 of the Code of Civil Procedure exempting agricultural produce from attachment in the case of all or any class of agriculturists.
C.II-Arrest and Attachment of Pay and Allowances of Persons in the Army, Navy and Air Force
### 201. (1) Particular attention is drawn to the fact that the exemption from attachment under clause (i) of sub-section (1) of Section 60 of the Code of Civil Procedure of the pay and allowances of persons to whom the Air Force Act, 1950, or the Army Act, 1950, applies or of certain persons of the Navy must be read with the right and privileges conferred by Sections 28, 29, 30 and 32 of the Army/Air Force Act, 1950 and the corresponding Sections 20, 21, 22 and 24 of tire Navy Act, 1957.
(2) The attention of all Courts is also drawn to Government of India, Ministry of Home Affairs Memorandum No. 50/51-Judicial, dated the 7th January, 1954, in respect of arrest and attachment of pay and allowances of the Armed Forces, etc., which is given in Appendix I.
(3) Persons who are subject to the Army and Air Force Acts are given in Sections 2 and 3 of these Acts.
(4) Persons in naval services in India are subject to the Navy Act, 1957 (52 of 1957), and the persons subject to naval law are given in Section 2 of the Navy Act, 1957.
### 202. When under Order XXI, Rule 48, a Court attaches the salary or allowances of a servant of the Government or of a Railway Company or of a local authority, the appropriate Government or the Railway or local authority, as the case may be, is liable for any sum disbursed in contravention of the attachment order, if a notice of the order of attachment has been given to such officer as the appropriate Government may, by notification in the Official Gazette, appointment for this purpose. The attachment order should be addressed to the proper officer. A list of the officer so notified is given in Appendix I.
### 4. Disposal of Objections ###
203.
The attention of the Courts is directed to the proviso to Order XXI, Rule 58 (1) , which requires that no investigation shall be made where the Court considers that the claim or objection was designedly or unnecessarily delayed.
Note. - It is for the Courts to decide reasonably on the circumstances of each case whether there has been such delay; but if the Court decides that there has been such delay, the law leaves it no option as to the dismissal of the claim or objection.
### 204. It should be borne in mind that the investigation contemplated by Rule 58 aforesaid is of a summary character and should be completed as promptly as possible and not allowed to remain pending month after month as is too often the case. The inquiry must be restricted to matters indicated in Order XXI, Rule 60, or properly ancillary thereto, the main questions being who was in possession at the time of attachment and on whose behalf the possession was held at that time.
### 5. Sale ###
205.
Sales under Order XXI, Rule 64, should normally be held at the Court-house weekly on a fixed day and commencing at a fixed hour. Sales of livestock, agricultural produce and other articles which have not been brought to Court and which are commonly sold at country markets should, unless the Court otherwise directs, be held in such a market in the neighbourhood of the place of attachment. In cases in which the property to be sold is of considerable value it may be found desirable to advertise the sale in a local newspaper. In fixing sales regard should be had to the interests of the judgement-debtor and to the prospect of obtaining good prices.
### 206. (1) Ordinarily the Courts should not fix for the sale of property attached in execution of a decree a date which falls on a Sunday, on the Gazetted holiday or in the Civil Court vacation. Sales held elsewhere than at the Court-house may be fixed in the vacation but should not be so fixed if sufficient cause is shown by either of the parties. These directions do not apply where the property is perishable or where on other grounds speedy sale is desirable.
(2) When a Court considers it necessary to fix a sale on holiday, and judgement-debtor, if present, should be asked whether he has any objection and his answer should be recorded.
(3) If, in any week, the date fixed for sales under Rule 205 falls on a holiday, the sales should be held on the next Court-day, provided that the adjournment is not for a longer period than seven days.
### 207. In addition to the proclamations required by Order XXI, Rules 66 and 67, Civil Procedure Code, every sale of movable property to be held at the Court-house should be proclaimed by beat of drum a day before the date of sale.
### 208. In order to secure the best price for immovable property put to auction by the Civil Courts in execution of decrees, it is desirable that proclamation by beat of drum should be made at the nearest market place at the market time, not earlier than a week before the date of auction, and also by beat of drum at least half an hour before the auction when the property is to be sold at the spot. These proclamations will be in addition to those already prescribed by the Civil Procedure Code. Efforts should also be made to bring sales to the notice of a class of possible bidders whom it might otherwise escape. Ordinarily, those who are likely purchasers have frequent recourse to the tahsil building which is thus a suitable place for advertising such sales. In addition, therefore, to the processes mentioned in Order XXI, Rule 67, read with Rule 54, Civil Procedure Code, the Court should advertise the sale at the tahsil building on a special notice board in the following Form :
Notice of sale
No. of decree.........
Name of parties...........
Place of sale.........
Date of sale..........
Property to be sold..........
Name of the Court............
Date.................
Signature.........
### 209. One notice board will suffice for all the Civil Courts at the station. The heading "Notice of Civil Court Sales" should be painted at the top of the board with white lead in bold letters and the board should be exhibited in a conspicuous part of the tahsil building separately from the ordinary notice board. Subsequent forms may be pasted over the previous ones so as to leave the latter in a fit condition to be read at any time.
### 210. Sales of immovable property in execution of decree shall be conducted by the following official, viz :-
(i) when the sale is held at the district Court-house, by the Sale Amin or an official not inferior in rank to a Naib-Nazir;
(ii) when the sale is held at the district other than the district Court-house, by a Sale Amin or a Naib-Nazir an official-superior in rank to a process-saver.
### 211. On each fixed date, the sale shall be commenced at the hour fixed and stated in the proclamation of sale. No sale shall continue after sunset; but the sale shall be held from day-to-day and throughout the day, except when the Court is closed, and until the lists of the property to be sold are finished; provided that this rule shall not interfere with the adjournment of any particular sale according to law.
Note. - The officer conducting a sale within the precincts of a Court-house has no power to adjourn the sale (Order XXI, Rule 69) and in the event of the sales fixed for the day not being completed on that day want of time or any other reason, the order of the Court concerned must be taken in each case and recorded in the order-sheet of each execution case postponing the sale till the next day or to any other specific day and hour as may be directed by the Court.
### 212. In the case of encumbered immovable property, if the mortgagee is not in possession the Court has the discretion under Order XXI, rule 62, C.P.C., to continue an attachment even when it is satisfied that the property is subject to a mortgage or charge. The Court is required by Order XXI, Rule 66, to specify in the sale proclamation all material information, among other things, about the property to be sold. If the Court is satisfied that there is a valid and subsisting mortgage the sale of the property may be subject to the mortgage, but if the mortgage is in possession, the proper course is to sell only the equity of redemption.
### 213. An application for leave to bid at the sale under Order XXI, Rule 72, should set out any fact showing that an advantageous sale cannot otherwise be had.
### 214. Leave should not ordinarily be given except for reasons to be recorded, without fixing a minimum amount below which the decree-holder will not be allowed to bid. Such amount shall, as far as practicable, be fixed with reference to the probable market value of the property to be sold.
### 215. If the decree-holder, who has obtained permission to bid for or to purchase any property directed to be sold, is declared to be the purchaser, he shall file an application for an order to set off the purchase-money or part thereof, as the case may be, against the amount of the decree, and the fee payable by way of poundage on the full amount of the purchase-money that shall be paid by stamps affixed thereto. No dispensation from the requirements of Order XXI, Rule 84 (1) , shall be granted under Order XXI, Rule 84 (2), otherwise than upon such an application duly stamped as aforesaid. No set off should, however, be allowed where an application for rateable distribution has been filed.
### 216. Where the fee payable by way of poundage on the full amount of the purchase-money has once been paid in full in respect of any sale, no further fee shall be payable in respect of the same sale.
### 217. When the sale of immovable property is set aside under Order XXI, Rule 92 (2) , Civil Procedure Code, no fee shall be payable by way of poundage on the purchase money. If poundage fee has been paid and the sale is subsequently set aside the amount paid shall be refunded.
### 218. If default be made in the payment of purchase money within the time specified in Order XXI, Rule 885, the fee payable by way of poundage shall be deducted from the deposit made under Order XXI, Rule 84, Civil Procedure Code. The Court-fee stamps representing such fee shall then be brought and affixed by the Court to the order directing the deduction to be made.
### 219. The mere fact that the property has been sold for an inadequate price is not a ground for setting aside a sale in execution of a decree. In order to support an application under Order XXI, Rule 90, it must be shown that there has been a material irregularity or fraud in publishing or conducting the sale, and that the applicant has sustained substantial injury by reason of such irregularity.
Note.-It should be borne in mind that no application for setting aside a sale should be entertained upon any ground which could have been, but was not put forward by the applicant before the commencement of the sale (Order XXI, Rule 90, second proviso, as amended by the High Court, vide Notification No. 5283-A, published in "Madhya Pradesh Rajpatra", dated 16-9-1960).
### 220. Order XXI, Rule 73, Civil Procedure Code, prohibits any person who has any duty to perform in connection with a sale in execution of a decree, from bidding, acquiring or attempting to acquire any interest in the property sold.
Note.-No person employed in ministerial or menial service under a District Judge may, without first obtaining the District Judges; written permission, bid for any property movable or immovable put up for sale in execution of a decree or otherwise by order of a Civil Court acting judicially within the district in which he is serving.
### 221. Whenever guns or other arms in respect of which licences have to be taken by purchaser under the Indian Arms Act XI of 1878, are sold by public auction in execution of decree, the Court directing the sale shall give due notice to the Magistrate of the district of the names and addresses of the purchasers and of the time and place of the intended delivery to the purchaser of such arms, so that proper steps may be taken by the Police to enforce the requirements of the Indian Arms Act.
### 222. Certificates of sale are required to be drawn up on impressed stamps (Article 18, Schedule I of the Stamp Act, 1899) which should be furnished in each case by the auction-purchaser.
### 223. (1) The Court in preparing the certificates should adhere, as closely as possible, to the wording of the prescribed form (Form No. 38 in Appendix E to the Civil Procedure Code and borne on Schedule 11-258). The draft of the certificate after it has been approved and signed by the Court should be filed with the execution case, and the certificate should be engrossed on the stamped paper free of copying charge, in accordance with the draft, and should bear date and the day on which the sale became absolute. The certificate should also indicate the day on which it was delivered to the auction purchaser.
(2) The following particulars should be inserted in every case :-
(i) the name and addition [as defined in Section 2 (1) of the Indian Registration Act, 1908] of every judgement-debtor and of every person declared purchaser;
(ii) particulars sufficient to identify the property including boundaries and area, and where necessary' survey number and revenue or rent, as the case may be;
(iii) the name of each registration sub-district in which any part of the property is situate;
(iv) the amount of the purchase-money; and
(v) whether the property is sold subject to encumbrances, if so, the exact nature of the encumbrances. This must be in accordance with what is stated in the sale proclamation.
Note. - In order that the full and necessary particulars mentioned above may be incorporated in the sale certificate the Court should insist on their being furnished in the schedule attached to the application for execution and also in the sale statement.
(3) The description of the property given in the certificate of the sale must correspond with that given in the sale proclamation prepared under Order XXI, Rule 66 of the Code.
### 224. Under Section 89 (2) of the Registration Act, 1908, every Court granting a certificate under Order XXI, Rule 94, Civil Procedure Code, is required to send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate. The value of the stamp on which the original certificate is issued should be noted on the copy so sent.
### 225. (1) The Courts are cautioned against any attempts by purchasers at Court sales to obtain possession of the property sold, in evasion of the provisions of Order XXI, Rules 95 and 96, Civil Procedure Code. No order for delivery of possession should be made under either rule in favour of a purchaser to whom a certificate has not been granted, and no application for possession should, therefore, be entertained, unless the Court is satisfied that a certificate has been issued. As a general rule, the production of the original certificate should be required before the order for possession is passed on the application.
(2) When possession is delivered under Order XXI, Rule 96, the copy of the certificate to be affixed under the direction of the court should be a certified copy prepared on an impressed stamp, to be supplied by the purchaser (Article 24, Schedule I of the Stamp Act, 1899).
### 6. Arrest, Imprisonment and Release ###
226.
Under Section 55 (2) , C.P.C., the State Government may by notification prescribed the procedure for the arrest of any person or class of persons in the interest of public convenience. Details of such notifications are given in Appendix I.
### 227. Under Section 57 of the Code of Civil Procedure the State Government may fix the monthly allowances payable for the substances of judgement-debtors. The scales so fixed are given in Appendix I.
### 228. It is to be noted that by the provisions of Order XXI, Rule 30, the subsistence and cost of conveyance of the judgement-debtor for his journey from the Court-house to the civil prison and from the civil prison, on his release, to his usual place of residence, together with the first payment of subsistence allowance in advance for such portion of the current month as remains unexpired is to be paid to the proper officer of the Court before the judgement-debtor is committed to the civil prison and the subsequent payments, if any, to the officer-in-charge of the civil prison. The money paid into Court should be sent to the jail, and not given over to the judgement-debtor.
### 229. The rates of subsistence allowance are fixed on an estimate of the actual requirements of various classes of judgement-debtors based on the ordinary mode of their living. A civil prisoner should, therefore, be classified according to his status prior to his committal to jail. Care in the classification of civil prisoners is necessary so as to avoid short rations or having to live on a class of food to which they are unaccustomed. Committing debtor to prison to meant as penalty but not classification.
### 230. It should be borne in mind also that the rates of subsistence allowance are elastic. The prescribed rates can be increased in case of sickness or for any special reason within the ambit of the rates fixed. Higher allowances can be granted during passing seasons of local scarcity. It is expected that Courts will exercise within proper limits the discretion which has been vested in them.
### 231. Warrants for release should not be despatched by a Court after sunset or, if so despatched should be endorsed with instructions for release as early as possible next morning.
### 7. Resistance to Execution (Anticipated and Actual) ###
232.
(1) A decree-holder playing for police help in execution shall state in his application the full reasons thereof, supported, if required, by an affidavit. The Court may further examine the decree-holder or such other persons as it thinks fit touching the necessity of police help. If, upon a consideration of all the facts and circumstances, the presiding Judge is of the clear opinion that there are reasonable grounds to suppose that execution will not be effected without serious danger to the public peace, he may, after recording his reason for so doing, make a request through the District Judge to the District Superintendent of Police of the district for such police aid as the latter may be able to give in the execution of the writ. It is to be understood that police help is to be regarded as an extreme step and it should not be recommended unless the Court is fully convinced on of the existence of a grave emergency. The District Judge should, therefore, satisfy himself that all other measures have failed before the request is forwarded.
(2) The requisition to the District Superintendent of Police should state in brief the need for such aid, the number and rank of man required, the nature of the process and the place where it is to be executed. It will be for the District Superintendent of Police to decide how best and when he will be in a position to offer the help sought and the party concerned shall be ordered to deposit such costs for the service as the District Superintendent of Police may require under the rule of the department.
Note. - Police aid shall not be requisitioned or taken in effecting the arrest of judgement-debtors.
### 233. (1) When a process-server or other officer in execution or service of any process entrusted to him is resisted or obstructed, or when property duly attached is illegally taken from his possession, or when a person duly arrested escapes from his custody, he shall immediately return to headquarters and make a report of the occurrence. If he is at such a distance from headquarters that return will involve considerable time he should also immediately send a written report from the place of occurrence to the Court.
(2) The Court shall on his arrival examine him on oath and may also examine on oath any person alleged to have been present at the occurrence and shall then decide whether a criminal complaint is necessary in the interest of justice but may, if it thinks fit, first refer the case to the police for enquiry. When filing a complaint the provisions of Section 195 (1)(a) and Section 476. [Criminal Procedure Code]
[See now Code of Criminal Procedure, 1973 (2 of 1974).]
, should be carefully observed.
Note. - It is essential that there should be no delay in dealing with these matters. Where prosecution is called for, prosecution delayed is often prosecution wasted. On the other hand, great care should be taken in deciding on prosecution as unsuccessful precautions are most undesirable.
(3) If the case is of sufficient importance and the Court is of opinion that a competent lawyer should be engaged for the prosecution for the ends of justice and for the better conduct of the case, it should move the District Judge who will then, if necessary, move the proper authority for the purpose.
(4) The Court should after the termination of the Criminal case (if any), make a request to the Criminal Court to forward a copy of the judgement with a view to see whether there has been any adverse finding or comment against the conduct of the process-server concerned, necessitating the taking of disciplinary action.
### 8. Execution of Decrees of Another Court ###
234.
(1) The provisions of clause (c) of Order XXI, Rule 6, should be strictly followed by the Court sending a decree for execution to another Court under Section 39, Civil Procedure Code.
(2) An application for the transmission of a decree to another Court for execution shall be made by a verified execution petition and shall state, in addition to the particulars set out in clauses (a) to (i) inclusive, of Order XXI, Rule 11 (2), any facts relied on by the applicant to bring the case within the terms of Section 39 and Order XXI, Rules 4 and 5, and shall specify the Court to which the transmission of the decree is sought.
Note. - A copy of the registered address, if any, filed by the judgement-debtor should accompany the certificate forwarding a decree for execution to another Court, the date up to which the address will be effective being noted on it.
### 235. A Court receiving a decree for execution should cause the copies and certificates specified in Order XXI, Rule 6, to be filed under Rule 7 of the same order and an entry to be made in its "Register of Decrees received from other Courts for execution". The Court may then, on the application of the decree-holder, execute the decree.
### 236. If a District Court directs the decree received by it to be executed by a subordinate Court under Order XXI, Rule 8, the case should be shown in the register of the District Court as disposed of by transfer. The result of each application for execution should be certified in detail under Section 41, Civil Procedure Code, whether there has been satisfaction in whole or in part, no satisfaction at all or a dismissal for default without issue of any process. Form No. 254 on Schedule II of the Civil Judicial Forms in English should be used for the purpose.
### 237. If for three years after the receipt of the certificate (or, for twelve years, if the decree be one passed by a High Court in exercise of its ordinary original civil jurisdiction or if it be an order of the Supreme Court), no steps are taken by the decree-holder in the Court to which the decree is transferred, the papers should be returned to the issuing Court with the certificates in Form No. 11-254 as required by Section 41 of the Civil Procedure Code. The Court to which the papers are returned may destroy them if it is satisfied that execution has become barred by limitation.
### 238. Certificates shall be kept, until application for execution is made in a file-book suitably labeled and provided with an index in the following Form which shall be renewed yearly in January :-
Index to file-book of certificates of decrees received from other Courts for execution
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Date of receipt of certificate
|
Court from which received
|
Number and year of the case
|
Date on which application for execution was made
|
If no application for execution was made, date on
which the certificate was returned to the Court which issued it
|
Remarks
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
|
Whenever the registers of a Court are inspected, the inspecting officer should make a point of comparing the contents of the file-book with the entries in the register of decrees received from other Courts for execution.
### 239. Section 43 of the Code of Civil Procedure refers to Courts established in any Part of India to which the provisions of the Code do not extend. Sections 43 and 45 of the Code refer to Courts established or continued by the authority of the Central Government outside India. These Courts-are the same as those referred to in clauses (a) and (b) respectively of Section 29 of the Code of Civil Procedure and explained in Rule 96 of the Rules and Orders (Civil).
### 240. Decrees of any revenue Courts in any part of India to which the provisions of the Code of Civil Procedure do not extend can be executed by the Courts in this State if the State Government so declare by a notification under Section 44 of the Code of Civil Procedure. Details of such notifications are given in Appendix I.
### 9. Foreign Decrees and Execution by Reciprocity ###
241.
Both as regards execution by Indian Courts of decrees of Court outside India and as regards execution by Courts outside India of decrees of Indian Courts, it has to be carefully observed by all judicial officers that such proceedings are only possible if specific provision has been made. The ordinary rule is that the Courts of one country do not execute the decrees of the Courts of another and that to enforce a foreign judgement it is necessary to bring a suit.
### 242. (1) The specific provision made by the Code for the execution of decrees of superior Courts of any reciprocating territory is to be found in Section 44A of the Code of Civil Procedure. Details of the notifications issued in respect of reciprocity are given in Appendix I.
(2) Besides the High Courts, all District Courts in India and all other Courts whose civil jurisdiction is subject to no pecuniary limit are considered to be superior Courts.
(3) If the decree sought to be filed in the superior Court of a reciprocating territory is of a Court lower than a District Court, it should be sealed with a seal showing that the jurisdiction of the Court is subject to no pecuniary limit.
Instructions issued by Nagpur High Court regarding satisfaction of decrees - The following table illustrates the application of the terms "satisfaction obtained in full", "satisfaction obtained in part" and "wholly infructuous", and will enable the Courts to classify correctly disposed off proceedings in execution of decrees :-
Table
| | | |
| --- | --- | --- |
|
No.
|
Circumstances under which proceedings were
dismissed
|
Proper head
|
|
(1) |
(2) |
(3) |
|
1.
|
Execution entirely disallowed, because barred by the
Limitation Act.
|
Wholly infructuous
|
|
2.
|
Execution applied for in respect of unpaid balance of a money
decree, and amount realized in full.
|
Satisfaction obtained in full.
|
|
3.
|
Execution applied for in respect of three last instalments due
on decree; execution disallowed in respect of one instalment,
because barred by the Limitation Act, but remaining instalments
realized in full.
|
Satisfaction obtained in part.
|
|
4.
|
During execution proceedings certain items in claim disallowed
as not covered by the decree, balance realized in full.
|
Satisfaction obtained in full.
|
|
5.
|
Decree being against three judgement debtors, each for his
separate share of a debt, one judgement-debtor paid in full and
nothing was realized from the remaining judgement-debtors.
|
Satisfaction obtained in part.
|
|
6.
|
Execution applied for in respect of instalments overdue on a
decree for payment by instalments, and amount realized, but other
instalments remained to fall due under the decree.
|
Satisfaction obtained in part.
|
|
7.
|
Delivery made of specific movable or immovable property
decreed but costs decreed not realized.
|
Satisfaction obtained in part.
|
|
8.
|
Delivery of specific movable property found impossible but
costs decreed realized.
|
Satisfaction obtained in part.
|
|
9.
|
Realization made, and held by the Court (with the Court Nazir,
or in treasury deposit) for the decree holder, pending his
appearance to receive the same.
|
[Satisfaction obtained in full or Satisfaction obtained in
part.]
[According as the realization was in full or in part satisfaction of the decree, the relief decreed being practically obtained by the decree-holder when the amount is paid to his credit.]
|
|
10.
|
Realization made but decree holder wholly or partially
disentitled thereto by decree of appellate Court before the case
was dismissed.
|
[Satisfaction obtained in full or Satisfaction obtained in
part.]
[According to the result of the proceedings in execution of the original decree independent of the appellate Court's decree.]
|
|
11.
|
Decree holder accepted fresh bond from judgement-debtor and
filed receipt in Court in full satisfaction of the decree.
|
Satisfaction obtained in full.
|
|
12.
|
Most of the amount decreed having been realized, balance
remitted to decree holder and decree-holder filed receipt in full
satisfaction of claim.
|
Satisfaction obtained in full.
|
|
13.
|
Execution applied for in full satisfaction of decree, part
payment pleaded and admitted balance realized.
|
Satisfaction obtained in full.
|
|
14.
|
Part of the amount decreed realized, and case dismissed on
decree-holder's waiving further immediate execution on judgement
debtor's promise of future payment, but without certifying
acceptance of promise as adjustment of decree.
|
Satisfaction obtained in part.
|
|
15.
|
Nothing realized, case dismissed on decree-holder intimating
generally that judgement-debtor and he had come to an
understanding but without certifying that the understanding
amounted to an adjustment of the decree.
|
Wholly infructuous.
|
|
16.
|
At the close of ineffectual, or partially effectual,
proceedings in execution, certificate of non-satisfaction
transmitted to another Court under Section 39, Civil Procedure
Code.
|
Disposed of by the transfer; or Satisfaction obtained in part.
|
|
17.
|
After ineffectual, or partially effectual proceedings, the
case was transferred to the Collector under Section 68, Civil
Procedure Code.
|
[Disposed of by the transfer; or Satisfaction obtained in
part.]
[Result of proceedings in another Court or in the Collector's Court appears in the returns of those Courts, and not in the returns of the transmitting Court.]
|
|
18.
|
Execution of decree enforced, both by attachment and
imprisonment, but judgement debtor declared an insolvent and the
attached property matte over to his assignee.
|
Wholly infructuous.
|
Chapter XI
Commissions
---------------------------
### 1. General ###
243.
(1) A commission may be issued for any of the purposes laid down in Rules 1, 4, 5, 2, 11 and 13 of Order XXVI, Civil Procedure Code.
(2) Commissions may be issued by the Court of its own motion or on application, supported by affidavit or otherwise (except in the case of commissions under Rule 5 of Order XXVI for which applications are required).
(3) The issue of a commissions is discretionary with the Court. A party applying for the issue of a commission is as much bound to do so without unreasonable or unnecessary delay as he is bound so to take any other steps in prosecution of the proceeding. The fact that an application has been made at an unreasonably late stage in the unit may, in the absence of adequate explanation for the delay, be sufficient reason for a refusal to issue a commission.
### 244. (1) If the application is granted the Court should, after consulting the parties or their pleaders and after taking into account the probable length of time the execution of the commission is likely to take, fix the amount of commissioner's fee, travelling expenses, etc., and direct payment of the same into Court within a specified time, and the commission shall not issue until and unless the sum so fixed by the Court is paid in full within the time limited therefor.
If found necessary, the court may, from time to time, direct that any further sum be paid into Court by the party concerned.
Note 1.-Order XXVI, Rule 15, requires that the expenses of commission should be paid into Court. Commissioners should not, therefore, accept any payment direct from the party but should draw their fee, travelling allowance, etc., from the Court.
Note 2. - Great care should be taken by the Courts issuing commission to make the fees as little onerous as possible to the parties in the suit.
(2) Strict compliance with the orders regarding the deposit of commissioner's fee and other expenses should be insisted on and the time once fixed for the purpose should not be extended except on very good grounds.
### 245. Before issuing the commission the Court should call on the party at whose instance the commission is granted to supply such copies of pleadings or abstracts thereof (if by reason of the length of the pleadings the Court permits the filing of abstracts and issues for the use of the commissioner as it considers necessary and should satisfy itself that all interrogatories, cross-interrogatories, maps, documents, etc., necessary for the execution of the commission have been filed.
### 246. Every order for the issue of a commission shall fix a date allowing sufficient time for its execution and return. If for any reason the commissioner finds that the time so fixed is likely to be exceeded he should apply for its extension setting forth the grounds thereof and should intimate to the Court the date by which the commission is likely to be executed and returned.
### 247. In every case the Judge shall record in the order-sheet of the proceedings of the" case, the reasons for issuing the commission and shall also indicate the same in brief in column 5 of the register of commissions issued (No. 11-28), e.g., if the witness to be examined resides at a distance of over two hundred miles from the Court-house the entry should be "over-two hundred miles", etc.
### 248. Commission should not be executed piecemeal or at intervals. When the work of a commission has once begun it should be continued from day to day until it is completed, unless in exceptional circumstances an adjournment is necessary in which case the commissioner should at once inform the Court and seek its directions, if necessary.
### 249. (1) When the commission is executed to the satisfaction of the Court the commissioner should receive the fees or remuneration fixed by the Court, but when the commission is not executed at all, or is not fully or satisfactorily executed, or the work turns out to be less than was expected, it will be in the discretion of the Court to direct a less amount to be paid or to make any other order in the matter which it thinks just and proper in the discretion of the Court to direct a less amount to be paid or to make any other order in the matter which it thinks just and proper in the circumstances.
(2) In the case of a commission involving prolonged work, the Court may permit the commissioner to withdraw from time to time such sum as may appear necessary and reasonable on account of fee, travelling expenses, etc. All such payments before the completion of the work shall be subject to the condition that if the commission is found not to have been executed satisfactorily, or if the work turns out to be less than was expected, the commissioner shall refund such sum as may be directed by the Court.
### 250. The selection of commissioners shall be made by the Judge himself and the order or appointment should be written in his own hand. The criterion for selection is efficiency but subject to this criterion efforts should be made to ensure a fair and equitable distribution. Commissions which can be suitably allotted to junior pleaders should be so allotted.
Note 1. - All instances of dilatorness or negligent and unsatisfactory work should be noted in the "Remarks" column of the register of commissions and commissions should not be given to persons whose work is found to fall below a reasonable standard of efficiency or punctuality.
Note 2. - Court should maintain a statement of pleaders to whom commissions have been issued and District Judges during annual inspection should satisfy themselves that the distribution has been in accordance with the principles laid down above.
### 251. Commissions received from other Courts for execution should be entered in the register called the "Register of commissions received from other Courts (No. n-29). If no remittance is received with the commission and neither party appears to proceed with the case, inquiry should be made from the Court which issued the commission (through the original receiving court if that Court has delegated its functions to a subordinate Court) before proceeding with the commissions under Order XXVI, Rule 18, Civil Procedure Code.
### 252. Judicial officers are not entitled to receive any remuneration for executing commissions and no part of the fee received with the commission should, therefore, be accepted either personally or on behalf of Government. The execution of a commission is and official act which judicial officers are bound to perform when called upon to do so.
### 2. Commissions To Examine Witnesses ###
253.
When an application is made for the issue of a commission to examine witness the Court should satisfy itself-
(a) that the application has been made bona fide, e.g., that it is not an endeavour to keep a particular witness out of the witness box;
(b) that it has been made in reasonable time so as to avoid unnecessary delay;
(c) that the issue upon which the evidence is required is one which the Court ought to try;
(d) that the witnesses to be examined can give evidence material to the issue; and
(e) that there is good reason why they cannot be examined in Court in the usual way;
and then exercise its discretion according to the particular circumstances of each case.
### 254. Every order directing the issue of a commission for the examination of witness under Order XXVI, Rule 44 (see also Section 76, Civil Procedure Code), should state whether the commission is to be addressed to a Court or to a pleader.
### 255. Commissions under Order XXVI, Rule 4 (2) , Civil Procedure Code, for the examination of witnesses resident beyond the local limits of the Court's jurisdiction should ordinarily be issued to the Court within whose jurisdiction the witness resides.
### 256. If a commission is to be issued to a pleader it should be transmitted together with the fee and other expenses to the Court in which; he is practising as such the Court receiving the commission shall be responsible for due and prompt execution thereof.
### 257. The Court receiving the commission issued to a pleader should immediately deliver it to him, unless he cannot be found, or refuses to execute it. In such cases, either the writ should be sent back to the Court which issued it, or further instructions should be obtained without delay regarding the appointment of a fresh commissioner or the manner of execution.
### 258. On receipt of a commission issued under Order XXVI, Rule 4, for the examination of a witness, the commissioner should determine whether he will execute it at the residence of the witness, or at some convenient place in the neighbourhood of the Court, or if the commissioner be a judicial officer, whether the witness shall attend in the Court or in the premises of the Court of such officer, proper arrangements being made, if necessary for due privacy. As a rule a person to be examined should attend the commissioner at the particular time and place specified in the notice issued but discretion should be exercised in the examination of those whose attendance is ordinarily excused, such as women, persons unable to be removed from their houses owing to old age, sickness or other bodily infirmity, or persons of rank exempted under Section 133, Civil Procedure Code, from personal attendance in Court. In such cases the commissioner should endeavour to discharge his duty with due regard to the special circumstances and condition of the witness.
### 259. While evidence should not as a rule be excluded by the commissioner on debatable grounds, he is nevertheless responsible for preventing abuse of the right of cross-examination and for keeping it within reasonable limits.
### 260. When a party fails to appear on the day and at the hour fixed for examination or applies for time, the commissioner should proceed ex-parte if he is of opinion that adjournment is sought on frivolous or unreasonable grounds.
### 261. Unless otherwise directed by the issuing Court the commissioner should return the commission duly executed together with the evidence taken under it to the Court from which he had received it.
### 3. Letters of Request for the Examination of Witnesses Residing Outside India ###
262.
(1) The proper method of obtaining the evidence of a witness residing at any place not within India is by the issue of a letter of request addressed to the proper Court in die Foreign Country (Section 77 and Order XXVI, rule 5 and Form 8 in Appendix H of the Civil Procedure Code).
(2) When the evidence of a witness residing at any place not within India is required by a subordinate Court, the letter of request alongwith necessary documents should be routed through the Registrar, High Court of the Madhya Pradesh, Jabalpur, the State Government and the Ministry of External Affairs, Government of India with a separate request for the transmission of the letter of request through the appropriate authorities.
(3) Subordinate Courts having any doubt about the legality or appropriateness of issuing a commission or letter of request to any country should first address the Registrar, High Court of Madhya Pradesh, Jabalpur.
(4) Where special arrangements exist with any country, the procedure prescribed in the arrangements should be followed.
(5) The procedure to be followed in the case of particular countries or territories is given in Appendix I.
### 263. (1) Letters of request should always set forth the following
(a) the names of the parties to the proceedings, with an indication of the nature of the action in which the evidence is required;
(b) the names, addresses and descriptions of the witnesses whose evidence is desired;
(c) either (i) the exact interrogatories which it is desired to put to the witnesses, or the documents, etc., whose production is desired, or (ii) a clear and concise explanation of the exact points on which it is desired that the witnesses should be examined, or (iii) a request that notice should be given to the representatives of the parties to the action of the time when and of the place where evidence is to be taken, and that representatives of the parties should be allowed to put such questions to the witnesses as they may desire.
(2) A translation of the letters of request and of the interrogatories and of all accompanying documents into the language of the country in which the witness resides must be furnished by the litigants. Two copies of such translations are sometimes necessary and in all cases convenient. If documents are sent they should be accompanied by a descriptive list thereof.
Note. - Letters of request and accompanying documents should be sewn together in a parchment paper cover down the left hand side, the ends of silk, tape or thread with which they are sewn being brought out on to the front cover and the ends scale down with the Court seal.
(3) Foreign Courts should not be asked in the letter of request to name and appoint expert to give evidence, or themselves to collect evidence.
(4) When it is not possible to ascertain the particular foreign Court to which the letter of request should be addressed, the name of the Court may be left blank so as to be filled in by the Registrar, High Court of Madhya Pradesh, or the Indian representative in the foreign country.
(5) It is to be noticed that in letters of request it is not proper to fix a day for the return of the evidence. When it is known that neither party proposes to attend at the taking of the evidence, this should be stated in the covering letter forwarding the letter of request, as it may avoid delay.
(6) Neither commissions nor letters of request should be ordered to issue abroad unless there is sufficient time for the execution to be completed before the hearing of the cause or matter in which the evidence is to be used.
(7) Foreign Courts will not usually charge any fees .for their service in executing letters of request, but they are entitled to the repayment of any out-of-pocket expenses actually incurred in obtaining the evidence for the Indian Courts. The letter should, therefore, before they issue a letter of request, take such steps as are necessary to ensure that they will be able to meet and defray any proper claim by a Foreign Court for such out-of-pocket expenses, and the Secretary, Ministry of External Affairs, will desire to be informed that this has been done before he forwards the letter of request through the diplomatic channel.
### 4. Commissions For Local Investigation ###
264.
(1) The responsibility of ordering an inquiry under Order XXVI, Rule 9, rests entirely with the Court before whom the case is pending. Such Court may order such inquiry when it deems a local investigation to be necessary or proper for the purpose of elucidating the matters in dispute or of ascertaining the amount of mesne profits or damages or annual net profits. A commission for local investigations to issue only when such investigation cannot be conveniently conducted by the Judge in person and when the matter in issue cannot be determined by taking evidence in the ordinary way.
(2) When an application is made for the issue of a commission for local investigation, the Court in exercising its discretion should satisfy itself-
(a) that the application has been made bona fide, e.g., that it is not the intention of the applicant to protract the litigation and to harass the other party by putting him to unnecessary expense;
(b) that the application has been made at the earliest opportunity;
(c) that the nature of the case calls for that particular mode of inquiry;
(d) that the importance of the case warrants that expense being imposed on the parties; and
(e) that such inquiry is not likely to be attended with delay which will counter balance the advantage to be gained from it.
### 265. (1) An order for local investigation should be drawn up by the presiding Judge himself and it should clearly state the points which require elucidation or ascertainment in particular way and why such matter could not be proved or ascertain the ordinary way by producing documents at the proper time and witnesses at the trial. It should also clearly specify the point on which the report of the commissioner is required.
(2) The commissioner should strictly limits his inquiry to, and submit his report on, the points specified in the commission and should inquire into any other points even at the request of the parties.
Note. - It should be remembered that the Court has no power to delegate to the commissioner the trial and determination of any issue in the case between the parties.
### 266. A commission for local investigation may be issued to a pleader or a Government official or to a private individual as the circumstances of the case may require. In appointing a Government official the Court is bound to follow the rules framed by the State Government under Order XXVI, Rule 9, Civil Procedure Code.
Note. - See Appendix I for the rules framed by the State Government. These rules are not reproduced by the High Court under these rules, hence they are given at the end as 'APPENDIX I' for facility of reference.
### 5. Commissions for Taking Accounts ###
267.
(1) When it is found necessary to take an account the order or the preliminary decree of the Court should contain the following directions with such variations as the particular circumstances of the case may be, in the opinion of the Court, require-
(a) The nature of the account to be taken.
(b) The date from which and the date to which the account is to be taken.
(c) The name of the party by whom a statement of account is to be filed.
(d) Whether the commissioner is only to transmit the proceedings which he may hold on the inquiry or is also to report his own opinion on the point or points referred for his examination (Order XXVI, Rule 12).
(e) The date on which the commissioner is to submit his report.
(f) Any other matter on which the Court may think it necessary to give instructions.
(2) The statement of account should be in the form of debtor and creditor account and should be verified by the accounting party or his agent.
(3) The statement of an objection to an account or to the report of the commissioner should clearly specify the items to which objection is taken, the grounds of each objection and the balance, if any, admitted or claimed to be due. It should also be verified by the affidavit of the party concerned or his agent.
(4) If the commissioner is unable to submit his report within the time fixed by the Court he should apply to the Court for an extension of the time giving reasons thereof and the Court may extend the time or cancel the commission and appoint a new commissioner.
(5) After the evidence has been duly taken and the parties have been heard the commissioner shall submit his report to the Court. If he is empowered under Order XXVI, Rule 12 (1), to state his opinion on the points referred to him he shall append to his report schedules setting out (a) the contested items allowed or disallowed, (b) the reasons for allowing or disallowing them, (c) the amount found due, (d) the name of the party to whom it is due, and (e) the name of the party by whom it is due.
### 268. A commission for examination of accounts should ordinarily be issued to a banker or other person versed in the business to which the accounts rate.
Chapter XII
Incidental proceedings
---------------------------------------
### 1. Temporary Injunctions ###
269.
The attention of the Courts is drawn to Order XXXIX, Rules 1 to 5, Civil Procedure Code, which state the general powers of the Courts and the general conditions under which a Court may grant a temporary injunction.
### 270. Temporary or interim injunction should in practice be granted ex-parte only in very exceptional circumstances. Generally they should never be granted unless the plaintiff fully satisfies the Court that in spite of all reasonable diligence it is inevitable that he should apply behind the back of the defendant. If such injunctions are granted they should only hold good for the minimum time required for the defendant to appear before the Court to show cause against the injunction. The greatest care should also be taken to state in precise terms the particular acts which are forbidden.
### 271. A copy of the plaint and affidavit should be served on the defendant and he should be allowed a few days' time for filing his affidavit in reply. The plaintiff in like manner may, if necessary be given a very short time for filing his further affidavit, if any, and a date for hearing the application should be fixed accordingly. The Judge should then dispose of the application on the date so fixed but in case it be found necessary to adjourn the hearing the Court should, in the presence of the defendant, make an order covering the adjournment period but covering it only to an extent which is absolutely necessary in the particular circumstances of the case.
Note 1. - It must be realized that the granting of an ex-parte injunction involves a serious responsibility and if it is granted the Judge must take the greatest care to do every thing possible to protect the defendant.
Note 2. - Ex-parte injunctions may be granted with greater freedom if the party seeking it agrees to be put on terms, viz., to pay all consequential loss caused if, in the event, it should prove that the injunction should not have been asked for.
### 272. At the time of their inspection of the subordinate Court the District Judges should carefully examine whether the Courts have handled injunction matters in a reasonable manner and in accordance with the legal principles. The materials upon which ex-parte injunctions have been granted should be specifically scrutinized and, if they are found to be insufficient, the fact should be explained to the Judge concerned. In particular it should be ascertained whether any opportunity was afforded to the defendant of being heard and whether any order made ex-parte was limited so as to take effect only for a specific period. These matters should also be examined while disposing of appeals.
### 273. In a suit instituted under Order XXI, Rule 63, by a person against whom an order has been made on a claim or objection preferred under Order XXI, Rule 58, no injunction ordering the stay of execution should be issued save where the Court is satisfied that the order on the claim or objection petition is prima facie wrong or indefensible.
### 273A. [
[Inserted by High Court Notification No. 5410-A-CH-12, dated 16-4-1974, Published in M.P. Rajpatra, Part 4 (Ga) , dated 1-11.1974, Page 487.]
(1) Interlocutory injunctions are sometimes granted too freely and without sufficient care to impose terms. With reference to such matters care should always be taken not to place a plaintiff in a position of unfair advantage by the judicious issue of an ex-parte order.
(2) In dealing with application for temporary injunctions the Courts should be guided by the following principles :-
(i) Plaint and affidavits should be critically examined and the Courts should satisfy themselves that there has really been an invasion of rights sufficient to justify interference.
(ii) The Courts should appreciate that an interlocutory injunction should be granted ex-parte only in very exceptional circumstances and ordinarily only in cases in which the applicant establishes that by no reasonable diligence on his part, could he have avoided the necessity for making the application. In this connection attention is invited to Rule 3 of Order 39, Civil Procedure Code, which directs that the notice "Shall" be given unless the emergency is so grave that notice will defeat the object of the injunction.
Particular care should be taken in dealing with the applications for temporary injunctions against local bodies and similar institutions.
(iii) Temporary injunctions when granted should ordinarily be limited to hold good only for the minimum time required for the defendant to appear before the Court to show cause against the injunction.
(iv) When granting such an injunction the greatest care should be taken to state in precise terms the particular acts which are forbidden. A vague and general order that the application for injunction is granted should never be recorded. Without such specific directions injunction orders are frequently drawn up by, copying out a long rumbling statement from the plaint or application for injunction.
(v) The defendant should be served with copies of the plaint and affidavit and should be allowed a few days thereafter within which to appear and object. The presiding Judge should ordinarily dispose of the application on the date so fixed and adjournments should be very sparingly granted. It is of the utmost importance that injunction applications should be heard and determined with the greatest expedition.
(3) What is contained in the foregoing paragraphs is not intended to restrict the discretion of Courts under the Code, but is intended to stress the desirability of adhering to the general principle that temporary injunctions should not be granted unless very strong and cogent grounds are made out.]
### 2. Arrest or Attachment Before judgement And Withdrawal of Suits ###
274.
If at the time of filing a suit or at any stage afterwards an application is made by the plaintiff for the arrest of the defendant or for the attachment of his property before judgement under Order XXXVIII, Rules 1 and 5, the Court must be satisfied not only that the defendant is about to abscond or dispose of his property or remove it from the jurisdiction of the Court, but that his object is to obstruct or delay the execution of any decree that may be passed against him. It should be remembered that the jurisdiction of the Court in these matters should be carefully and sparingly used and ex-parte orders passed in very exceptional circumstances. Greater caution should be exercised when movables are sought to be attached or when the attachment will have the effect of closing down a business.
### 275. A plaintiff is at liberty to withdraw from a suit at any time (subject to any order as to costs that the Court may pass), but if he wishes to reserve his right to bring a fresh suit on the same cause of action he must obtain the permission of the Court under Order XXIII, Rule 1,'Civil Procedure Code. Permission can be granted only when the Court is satisfied that (a) there is some formal defect fatal to the suit, or (b) other sufficient grounds are present.
Note 1. - The object of the rule is to prevent a defeat of justice on technical grounds and not to enable a plaintiff after he has failed to make out his case, to obtain an opportunity of re-opening the dispute at a future period. Courts should, therefore, be careful to see that the allegation of the existence of a formal defect is not mere pretext to get out of an inconvenient or ill-advised litigation with a right reserved to harass the defendant on another occasion.
Note 2. - Withdrawal from claim under sub-rule (3) of Order XXIII, Rule 1, should be recorded in the order-sheet only, but when withdrawal is made under sub-rule (2), with the leave of the Court to bring a fresh suit, it may be recorded either in the order-sheet or as a separate order.
### 3. Appointment of Receivers ###
276.
The attention of the Courts is drawn to Order XL, Rule 1, Civil Procedure Code, under which they have discretion to appoint a receiver of any property either before or after decree. They may make use of that power in execution of a decree where the property in respect of which a receiver is to be appointed is large enough to render such appointment useful. Ordinarily a receiver should not be appointed in respect of small properties the income of which is not sufficient to bear the extra costs of the appointment.
Chapter XIII
Appeals and remand
------------------------------------
### 277. All memorandum of appeal should be presented during the Court hours to the Court or such officer as it appoints in this behalf under Order XLI, Rule 1 (1) , either by the party in person or his "recognized" agent, within the meaning of that term in Order III, Rule 2, Order XXVII, Rule 2, and Section 85, Civil Procedure Code, or by a duly appointed pleader.
Note. - The officer, if any appointed under Rule 37 should be the officer to be appointed under this rule.
### 278. (1) As required by Order XLI, Rule 1 (2), every memorandum shall set forth concisely and under distinct heads the grounds of objection to the decree appealed from without any argument or narrative and such grounds shall be numbered consecutively. If the memorandum be not so drawn up the Court may, under Order XLI, Rule 3, either reject it or direct its amendment then and there or return it to the appellant for die purpose of being amended within a time to be fixed by it. The memorandum should also state the valuation of the appeal for the purpose of Court-fee and jurisdiction and if it does not, the Court may direct that it be amended. It should further contain a statement indicating the provision or provisions of law under which the appeal is preferred.
(ii) Every memorandum of appeal, memorandum of objection and petition for revision shall state the relief sought.
Note. - There is a strong tendency on the part of parties and their pleaders to disregard the provisions of Order XLI, Rule 1 (2) , and it should be checked by the Courts by a judicious exercise of the powers conferred upon theme by Rule 3 of the same order.
### 279. The attention of the Courts is drawn to Order XLI, Rule 1 (1) Civil Procedure Code, which lays down that every memorandum of appeal shall be accompanied by a copy of the decree appealed from. The presentation of memorandum which is not so accompanied is not, therefore, a valid presentation.
### 280. If an appeal is presented beyond the prescribed period of limitation and the appellant prays for an extension of time under Section 5 or for extension of time under Part HI of the Indian Limitation Act, 1908, and there appears to be prima facie ground for granting his prayer, a notice should be issued to the respondent requiring him to show cause why the appeal should not be admitted.
Note. - When an appeal is presented after the period; of limitation, it should be accompanied by an application supported by an affidavit setting forth the fact on which the appellant relies to satisfies the Court that he had sufficient cause for not preferring the appeal within time.
### 281. The date for hearing an appeal shall be fixed so as to allow sufficient time to every respondent to give notice of any objection he may intend to take to be decree as required by Order XLI, Rule 22, Civil Procedure Code.
### 282. Every notice to a respondent under Order XLI, Rule 14, should be accompanied by a copy of the memorandum of appeal [Order XLI, Rule 14 (1) J, read with the Order V, Rule 2, Civil Procedure Code].
### 283. The attention of the Courts drawn to sub-rule (3) of Order XLI, Rule 14, Civil Procedure Code, as amended, which lays down that an appellate Court may in its discretion dispense with notice to any respondent against whom the suit was heard ex-parte.
### 284. Applications or interlocutory appeals complaining against the conduct of, or prejudice on the part of, the presiding officer of the lower court should be carefully scrutinized before admission. These are often filed with a view to gain time and their object is fulfilled if the suit or proceeding is ordered to be stayed until their disposal.
### 285. Appeals against interlocutory orders which hold up the progress of suits or proceedings in lower Courts should be given precedence over all civil work other than that of a specially urgent nature and every endeavour should be made to dispose of such appeals quickly.
Instructions by High Court. - [1] Vide Memo No. 5082/11-15-49/41, dated 18-9-1941 and recirculated vide Memo No. 3527 dated 11-5-1955. - If a pending case is requisitioned by High Court, without mentioning any date, it need not be sent immediately, if the hearing of the, case is due to take place a few days after. Record should be sent after hearing is over. Doubtful cases should be referred to Registry.
[2] Vide Memo No. 10339 dated 24-10-1972 & Memo No. 15779 dated 15-11-1975. - Whenever record is requisitioned by a Court of appeal or revision in connection with an injunction, only papers directly concerned with the injunction should be sent, after taking them out of the file. The entire record of the suit should not be sent, unless specifically asked for by the superior Court.
### 286. It is the duty of the District Judge to watch closely the disposal of appeals and to see that the old appeals are not allowed to lie about untouched in any Court while later appeals are being disposed of. Every effort should be made to prevent, as far as possible, any accumulation in the appellate file.
### 287. When the lower Courts has committed to frame or try any issue or to determine any question of fact, which appears to be appellate Court essential to the right decision of the suit upon the merits, the appellate Court should not reverse the decree, but should proceed under Order XLI, Rule 25 or Rules 27 to 29, Civil Procedure Code. The intention of the Court is that when there is an appeal that appeal, if possible, dispose of the case.
### 288. When a case is remanded for a trial of issues or for the taking of additional evidence, a date for the further hearing of the appeal should invariably be fixed. If the remand is under Rule .25, a definite time, subsequent to the return of the record to the appellate Court, should be allowed within which the parties may file a memorandum of objections to the findings. If no definite period has been allowed for the filing of a memorandum of objections, the appellate Court should either postpone the hearing of the appeal, or should ascertain and record the objections of the parties or either of them, or should ascertain and record that neither party has any objections to advance.
### 289. When cases remanded by the High Court, either for findings or for further evidence, are detained by the lower Court for a longer period than three months from the date of the order of remand an explanation of the cause of the delay should be submitted to the High Court.
### 290. (1) When an appellate Court remands a case under Order XLI, Rule 23, or refers a case under Rule 25 it shall fix a date for the parties to appear in the lower Court.
(2) When the High Court remands or refers a case, the Court to which it is so remanded or referred shall fix a date for hearing and intimate the same to the parties at their registered address or to their pleaders.
### 291. The Court to which reference is made under Order XLI, Rule 25, for trial of issues, should, while returning its findings, certify at the foot thereof the amount of costs (showing the items in detail) incurred by each of the parties to the case at the re-trial so that such costs may be provided for in the decree that may be finally passed by the appellate Court.
[5] No. 4587. - In exercise of the powers conferred by Article 227 of the Constitution of India read with Section 23 of the Madhya Pradesh Civil Courts Act, 1958 and all other powers enabling, and in supersession of the existing rules in force in Civil Courts in any part of Madhya Pradesh on the concerned subject, the following rules relating to classification of Records, Arrangement and Preparation of Records during trial and their transmission to the District Record Room, custody, Preservation and Destruction of Records and Inspection of Records have, with the previous approval of the Governor, been made by the High Court of Madhya Pradesh, Jabalpur and are published for general information.
Rules And Orders (Civil) Part II – Records
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Chapter XIV
Classification of records
------------------------------------------
### 292. The records of judicial proceedings, whether suit or cases other than those of-
(a) Small Cause Courts, and
(b) Courts invested with the jurisdiction of a Court of Small Causes when exercising that jurisdiction, and divided into four classes. This classification relates only to the preparation and preservation of records, and does not affect any other classification of suits or cases for the purpose of registration, returns or statements.
### 293. Class I includes records of-
(a) Suits for, or affecting immovable property including suits under the Transfer of Property Act, 1882, and Order XXXIV, Civil Procedure Code, for foreclosure, redemption or sale.
Note. - Suit under Section 9 of the Specific Relief Act, 1877, should be included not in this class, but in class III.
(b) Suits in respect of the succession to an office, or to establish or set aside an adoption, or otherwise determine the status of an individual.
(c) Suits relating to public trusts, charities, endowments, public or general rights, or customs and other matters of public or general interest.
(d) Suits in which any question relating to a title to land or to some interest in land as between parties having conflicting claim thereto is in issue.
(e) Suits for a declaration of a right to maintenance with or without a charge on immovable property or to determine the rate thereof.
(f) Cases in which a question of title to immovable property is decided under Section 4 of the Provincial Insolvency Act, 1920.
Note. - The record of the miscellaneous judicial case under Section 4 of the Act only and not the whole record of the insolvency proceedings should be classified in class I.
(g) Cases under the Musalman Wakf Act, 1923.
### 294. Class II includes records of-
(a) Suits and cases for probate and letters of administration, and for revocation of the same.
(b) Cases under the Guardians and Wards Act 1890, relating to guardianship of minors and the administration of their property.
(c) Cases under the Indian Lunacy Act, 1912, relating to the guardianship of lunatics and the care of their estates.
Note. - An application by an executor or administrator or by guardian of a minor or lunatic to sell, mortgage, etc., property belonging to the estate is an application in the case, and, together with all proceedings connected with it must form part of the record of the case.
(d) Cases under the Indian Succession Act, 1925, except those under Part Vin of the Act.
### 295. Class III includes records of-
(a) Suits for the recovery of arrears of maintenance.
(b) Suits, with or without ancillary reliefs, for dissolution of marriage, nullity of marriage, judicial separation or restitution of conjugal rights.
(c) Suits under Section 9 of the Specific Relief Act, 1877.
(d) Cases against legal practitioners for unprofessional conduct or for practising in Courts without necessary certificate.
(e) Cases under Section 83 of the Transfer of Property Act, 1882.
(f) Applications under the Indian Trusts Act, 1882.
(g) Applications under sub-sections (3) and (5) of Section 16 of the Indian Telegraph Act, 1885.
(h) Cases under Parts III and IV of the Land Acquisition Act, 1894.
(i) Applications by the Collector to the District Judge or proceedings taken by the District Judge of his own motion under Section 61 of the Indian Stamp Act, 1899.
(j) Cases under the Code of Civil Procedure, 1908, for transfer of a decree when no application for execution is pending.
(k) Applications to sue in forma pauperis, if rejected.
(l) Cases in which plaints have been rejected or returned for presentation to the proper Court.
(m) Cases in which plaints have been withdrawn with permission to file a fresh suit.
(n) Cases in which memoranda of appeal have been rejected or returned for presentation to proper Court.
Note. - Proceedings under the Civil Procedure Code for restoration of a suit or appeal or for a review of judgement or proceedings in the suit or appeal must form part of the record of the suits or appeal.
(o) Petitions or applications under the Companies Act, 1956.
(p) Applications under Section 25 (2) of the Central Provinces Land Alienation Act, 1916.
(q) Petitions for adjudication as insolvents.
(r) Cases under Section 3 of the Charitable and Religious Trusts Act, 1920.
(s) Cases under Part VII of the Indian Succession Act, 1925.
(t) Applications under Section 14 of the Central Provinces Local Fund Audit Act, 1933
(u) Cases under Section 3 of the Central Provinces Adjustment and Liquidation of Industrial Workers' Debt Act, 1936.
(v) Cases under Section 26 of the Madhya Pradesh Public Trusts Act, 1951.
(w) Proceedings against witnesses and proceedings under sub-section (2) of Section 18A of the Workmen's Compensation Act, 1923.
(x) All other suits which are not included in class I or class II.
(y) Such other cases as the High Court may, from time to time, direct to be included.
Note. - The list of miscellaneous judicial cases contained in Rule 372 is compiled for purposes of registration and not of classification. Miscellaneous judicial cases not included in the preceding rules will form part of the parent record and the papers forming them will not be collected separately except in the case of those miscellaneous judicial cases for which a separate order-sheet is prescribed. Orders governing these cases will be found in Rule 319.
### 296. Class IV includes records of-
Proceedings in execution of decrees.
Note. - Under law all such proceedings are proceedings in the suit and must be entitled as such, but for the purpose of arrangement and ultimate disposal of the record, each application for execution shall be treated as a separate case and the record thereof shall include all papers connected with the execution.
Chapter XV
Arrangement and preparation of records during trial and their transmission to the district record-room
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I. Arrangement of Records
### 297. Every record under class I shall consist of five files to be styled and marked, respectively, File A, File A-l, File C-l, File C-2 and File D.
### 298. File A shall contain the following papers which shall be arranged the following order-
(a) Table of contents.
(b) Plaint or application or statement of particulars relating to wakf (under Section 3 of the Musalman Wakf Act, 1923), together with any schedule annexed thereto.
(c) Order for and further particulars relating to wakf (if any).
(d) Petition of compromise if given effect to in the decree.
(e) judgement or final order.
(f) Preliminary and the final decree.
(g) Finding returned to the appellate Court under Order XLI, Rule 25, Civil Procedure Code.
(h) Copy of judgement, decree or order (if any) passed in appeal or revision.
(i) Any other papers which the presiding Judge may, for reasons to be recorded, order to be placed in File A.
### 299. File A-1 shall contain-
(a) Table of contents.
(b) Order-sheet.
(c) Summons, notice or order with return thereto on the basis of which an ex-parte decree is passed against the defendant.
(d) Application for further particulars relating to wakf.
(e) Written statements of parties and the Judge's record of admission or denial, if any.
(f) Interrogatories and their answers.
(g) Memorandum of issues.
(h) Award of arbitrators if given effect to in the decree, the return or report, map and field-book if referred to given effect to in the decree.
But no portion of the evidence taken by the commissioner also, in the case of minor or lunatics, may order of the Court sanctioning a compromise as beneficial to the minor or lunatic.
(i) Statement of accounts relating to wakf.
(j) Order, if any, for administration or for partition or for accounts or inquiry together with the direction given, if any.
(k) Evidence returned to the appellate Court under Order XLI, Rule 25, Civil Procedure Code.
(l) Warrant of attachment before judgement, if any.
### 300. File C-1 shall contain-
(a) Table of contents.
(b) Lists of documents admitted in evidence together with admitted documents.
(c) Oral evidence.
### 301. File C-2 shall contain-
(a) Table of contents.
(b) Registered addresses.
(c) Power of attorney, memoranda of appearance, certificates of fees paid to the pleaders and all other papers and petition including those relating to proceedings incidental to the suit or case and not specified as included in any other file.
(d) Affidavits.
### 302. File D shall contain-
(a) Table of contents.
(b) All summonses, process and returns thereto, except the summons or notice with returns thereto, as is mentioned in Rule 299 (c), lists of witnesses, lists of documents filed by parties, petitions relating to the attendance of witnesses or adjournments, proceedings calling for or sending papers or records.
### 303. Records of class II shall consist of two files to be styled and marked File B and File D. File B shall contain the papers specified as included in Files A, A-l, C-l and C-2 of class I. All other papers shall be filed in File D.
### 304. Every record under class III shall consist of two files to be styled and marked File C and File D. File C shall contain the papers specified as included in Files A, A-l, C-l and C-2 of class I. All other papers shall be filed in File D.
### 305. The papers in File C of class II and those in File C of class III shall be arranged in the following manner :-
(a) Table of contents.
(b) Order-sheet.
(c) Plaint or application together with a schedule annexed thereto.
(d) Summons, notice or order with the returns thereto on the basis which the case is decided ex-parte.
(e) Written statements of the parties and Judge's record of admission or denial.
(f) Interrogatories and their answers.
(g) Memorandum of issues.
(h) Award of arbitrators or petition of compromise if given effect to in the decree or order, commissioner's return or report together with the map and the field-book, if any, but not the evidence taken by him and in the case of minor or lunatics, order of the Court sanctioning a compromise as beneficial to the minor or lunatic.
(i) Order, if any, for administration or for partition or for accounts or inquiry together with the directions given if any.
(j) judgement or final order.
(k) Preliminary decree and final decree.
(l) Evidence and findings, if any, returned to the appellate Court under Order XLI, Rule 25, Civil Procedure Code.
(m) Copy of the judgement, decree or order, if any, passed in appeal or revision.
(n) Lists of documents admitted in evidence together with the admitted documents.
(o) Oral evidence.
(p) Registered address.
(q) Powers of attorney, memoranda of appearance, certificates of fees paid to the pleaders and all other papers and petitions including those relating to proceedings incidental to the suit or case and not specified as included in any other file.
(r) Any other paper which the presiding Judge may, for reason to be recorded in writing, order to be placed in File B or File C, as the case may be.
### 306. (1) Every record under class IV shall, except as provided in sub-rule (2) consist of one file to be styled and marked File C which shall contain all the papers relating to the case.
(2) If the application is for execution of a decree passed in a suit of Class I and a question is determined to the construction of the decree or its effect as regards all or any of the parties thereto, or if possession of immovable property is given in pursuance of the decree, the record shall, as soon as the application is finally disposed of, be diverted into two files to be styled and marked File A and File C. File A shall contain
(a) Table of contents.
(b) Order-sheet.
(c) Application for execution.
When a question as to the construction or effect of the decree is raised and determine-
(d) Petition raising any question as to the construction or effect of the decree and any counter-petition.
(e) judgement or order of the Court on such question.
(f) Copy of the judgement or order passed in appeal or revision. When possession of immovable property is given in pursuance of the decree-
(g) Warrant for delivery of possession with Nazir's report thereon.
File C shall contain all other papers.
### 307. The records of Courts of Small Causes including those of proceedings in connection with the execution of the decree shall consist of only one file.
Note. - The record of proceedings in execution of a decree disposed of and deposited in the record-room after the expiry of twelve years from the decree should be treated as a separate record.
### 308. The record of an appellate Court shall be arranged in the same way as that of the Court of first instance except that there shall be no C-l File in respect of the records of class I. The papers pertaining to Files C-I and C-2 shall be placed together in File C-2. Copies of judgement and decree filed with the memorandum of appeal shall be placed in File D.
### 309. The splitting up of the record and the distribution of the papers into the proper files must in all cases be made immediately after the first hearing and shall be continued from day as the case proceeds. Pleadings, Judge's record of admission or denial, applications and proceedings in every suit or case shall be arranged in their respective files in the order in which they are brought before the Court or made. The arrangement of pleadings and the Judge's record of admission or denial into separate groups is prohibited. Depositions of witness shall be arranged in the order in which they are made.
Note. - The distribution of papers into proper files must in all cases be complete before the record is deposited in the record room. This will avoid the necessity of sorting out papers in record-room and will enable the record keeper to know at once, by reference to the letter on the file, and without opening any file, can be destroyed at any given time.
### 310. Pleadings, statements of parties or of pleaders and other papers in the records of Courts of Small Causes shall be arranged in the orders in which they are filed or made before the Court.
### 2. Title Page ###
311.
Each file of every record under classes I, II and III shall have prefixed to it a title page in Form Nos. 11-136-142. The title page will be the following colours :-
File A-White.
File A-l-Green.
File B-Red.
Files C, C-l and C-2-Yellow.
File D-Blue.
### 312. Each record of a Court of Small Causes shall have prefixed to it a title page in Form No. 11-145. The title page will be coloured white.
### 3. Table Of Contents ###
313.
The appropriate form of "Table of Contents" -(Forms 11-146-149) shall be prefixed to each file.
### 314. Every record of a Court of Small Causes shall have a table of contents printed on the inner side of the title page (Schedule No. 11-145).
### 315. Exhibits should not be paged and shown in the table of contents. The lists which are attached to them should alone be shown in the table and should bear serial and sheet numbers.
### 316. If any paper is transferred from one file to another the fact should be noted in the remarks column of the table of contents of the files from, and to which, the paper is transferred. A new sheet number and, if necessary, a new serial number should be given in the table of contents of the file to which the paper is transferred.
### 4. Order-Sheet ###
317.
An order-sheet in Form Nos. 11-155 and 11-156 shall be attached to the record of each case, whether original or appellate. For the records of the Courts of Small Causes an order-sheet in Form 11-156 may be issued, when necessary.
### 318. The order-sheet should clearly show the course of a suit or case from first to last in chronological order. It shall contain a note of every order made and shall show the date of, and the proceedings at, every hearing. It should be faithful, complete and concise history of the case and of all proceedings taken on it. It shall show, among other matters the dates on which the plaint or written statements were filed, issues were recorded or amended, witnesses examined and the hours between which they were examined, the date of the delivery of judgement, of the signing of the decree, and of any application for review of judgement, for amendment of the decree, or for final decree. It shall contain in chronological order all proceedings subsequent to the passing of a preliminary decree, if any, and shall also contain a note of other proceedings, such as the reading of the deposition of a witness examined on commission, the recording of a commissioner's report and the objection made thereto, if any, and also the reasons for admitting or rejecting evidence whenever the validity of the order for admission or rejection is contested. If witnesses are in attendance and the case is adjourned their presence should be noted in the order sheet.
### 319. A subsidiary order-sheet with separate table of contents shall be opened for the following matters :-
(i) Application for the execution of a decree.
(ii) Miscellaneous Judicial case under items (5), (6), (8), (9), (10), (11), (17), (18), (22), (24), (34) or (42) of Rule 372.
(iii) Miscellaneous Judicial case under item (41) of Rule 372 when not connected with suit or proceeding pending before a Civil Court or with a suit registered under Sections 20 (2) and 14 (2) of the Arbitration Act, 1940.
(iv) Application under Rule 2 (3), Order II, of the Code of Civil Procedure, 1908.
(v) Proceedings under Section 4, 53 or 54 of the Provincial Insolvency Act (V of 1920).
(vi) Application under Section 76 (2) or 88 of the Indian Lunacy Act (IV of 1912).
An entry of the opening of a subsidiary order-sheet shall be made in the order-sheet of the main case. Papers other than papers which belong to a 'D' File relating to a miscellaneous judicial case will be grouped together under the subsidiary order-sheet. It will be convenient to bind the whole in a sheet of cartridge paper 19" x ½", bent double.
### 320. No judgement may be written in the order-sheet. Orders, the reasons for which require to be recorded in length, must not be written in the order-sheet, but not of the order and of the date on which it was made, should be entered in it. The practice of writing orders on petitions, reports, etc., is prohibited.
### 321. Necessary entries in the order-sheet shall be made by the presiding officer as the case proceeds. Entries of a simple and routine nature may, however, be made by the Court clerk under the supervision and direction of the presiding officer but the presiding officer must carefully scrutinize the entries before signing them and will, in all cases, be responsible for their correctness. All entries shall be signed with the usual signature of the presiding officer.
### 322. Orders fixing dates or adjourned dates for hearing, or directing anything to be done by the parties or their pleaders, should be signed them and thereby the parties or their pleaders.
### 5. Documents ###
323.
(1) All documents tendered in evidence shall be accompanied by a list in the following form :
Court of.................
Suit No........of........
List of documents produced on behalf of plaintiff (or defendant).
This list is filed by..................on.........
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Description of document
|
Date of document
|
Whether original or copy
|
Remarks
|
Signature of party or pleader for document
rejected with date
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
|
Note 1. - Columns (1) to (4) should be filed in by the person who files the list.
Note 2. - If any document is torn, worm-eaten or damaged in any way a clear note to that effect must be made in the list and any such document shall be brought to the notice of the Judge by the ministerial officer whose duty it is to receive it.
(2) As soon as the list is filed the Reader will endorse on the back of each document the particulars mentioned in clauses (a), (b) and (c) of Rule 4 (1), Order XIII, Civil Procedure Code. A specimen form of endorsement is shown below :
A.B. v. C.D.
Suit No. 2 of 1990
Filed by plaintiff on 9th January, 1990
Note. - Occasionally documents are produced which are of great historic or antiquarian value, such as old sanads or grants and such documents may be seriously injured by the usual endorsements. It is important that the identity of a document produced in Court and acted upon should be placed beyond question in view of possible appeal or of possible future proceedings. But where a document of historical or antiquarian interest is in question the Court before which it is produced should make every possible endeavour to prevent its being defaced by marks of any kind. Some means of avoiding disfigurement will generally suggest themselves. The parties may agree to a photographic copy being substituted for the original, or the document may be enclosed in a sealed cover, or in a locked and sealed box, the necessary particulars being endorsed on the outside. If other means fail careful measures should be taken for the safe custody of the document pending instructions from higher authority.
### 324. If any document presents a suspicious appearance, a note of it should be made in the list as well as in the order-sheet and if the Court sees sufficient cause it may impound the document under Order XIII, Rule 8. If any document appears to have been executed on unstamped or insufficiently stamped paper, action should be taken under Sections 33 and 35 of the Indian Stamp Act, 1899. (In this connection attention is invited to paragraphs 9-11 of Appendix V).
### 325. (1) Cumbrous and bulky documents such as account books etc., which cannot conveniently be attached to the record may be kept separately either in a piece of cloth or in a box or almirah as may be found convenient, but the list accompanying them should be kept with the record and not with the documents.
(2) When an entry in an account book is admitted in evidence, the portion so admitted shall be clearly indicated by surrounding it in red ink.
### 326. Order XIII, Rule 5, provides for the substitution of copies for originals in the case of (1) letter books or shop books or accounts in current use, and (2) public records; and it gives precise instructions for the proving of these copies and their comparison with the originals. Whether the books, accounts or records are produced on behalf of a party or in obedience to an order of the Court acting of its own motion, a copy of the entries which are relevant to the case should invariably be required to be furnished so that the proceedings may be complete in themselves.
### 327. As soon as a document is admitted in evidence the endorsement referred to in Rule 323 (2) should be completed and signed by the Judge. Specimen forms of completed endorsements are as shown below :-
A.B.v C.D.
Filed by plaintiff on 8th January, 1990.
Admitted by defendant No. 1,
Ex. P-l
(Signature) Judge
A.B. v. C.D.
Suit No. 2 of 1990
Filed by plaintiff on 9th January, 1990.
Public document.
Ex. P-2
(Signature) Judge
Dated the 1st April, 1990.
A.B.v C.D.
Suit No. 2 of 1990
Filed by plaintiff on 9th January, 1990
Proved by..........
Ex. P.-3.
(Signature) Judge
Dated the 1st April, 1990.
Note. - Before a document can be used as evidence it must be either proved or admitted in the manner laid down in Chapter V of the Evidence Act. It is necessary to point out that the term "proved" in this Chapter does not mean conclusively proved but proved unless and until disproved. The signature of a debtor on a bond is proved by the evidence of any person who deposes to having seen such signature made, and the bond being this proved is admissible evidence though the signature in question may subsequently be held to be a forgery. Similarly, a document purporting to be thirty years old, which is produced from proper custody, may be at once used in evidence, though its genuineness may ultimately be disproved.
### 328. In marking documents the letter P may conveniently be used for the plaintiff and the letter D for the defendant. Thus the series of the plaintiff's exhibits will be P-1, P-2, P-3, etc. and of the defendant's exhibits D-1, D-2, D-3, etc. When defendants put in separate sets of exhibits the series of each defendant's exhibits may be distinguished thus : I D-1, I D-2,1 D-3, etc., II D-1, II D-2, II D-3, etc. Similarly, in execution cases, the exhibits of the judgement-creditor may marked C-1, C-2, C-3, etc., and those of judgement-debtor D-1, D-2, D-3 etc.
### 329. (1) A separate list of the documents admitted in evidence on behalf of each party should be prepared in the following form :-
List of Documents Admitted in Evidence for the Plaintiff (or Defendant)
| | | | |
| --- | --- | --- | --- |
|
Distinguishing marks
|
Description of document
|
Date of Admission
|
Remarks
|
|
(1) |
(2) |
(3) |
(4) |
|
|
(Signature) Judge
(2) Documents should be entered in the list in the order in which they are admitted and marked. They should be separated from unexhibited documents and arranged in the order in which they are admitted and marked. If any document has been admitted subject to objection a note to that effect should be made in the remarks column. Similarly, if a document is tom, worm-eaten or otherwise damaged the fact should be noted in that column.
### 330. Strong covers should be used for protecting the documents admitted in evidence on behalf of each party. The best form of cover is a sheet of cartridge paper 19" X ½", bent, double, and thus made to enclose on both sides all the exhibits on behalf of the party concerned.
### 331. If any document is considered by the Court to be inadmissible in evidence, it should be rejected and the endorsement referred to in Rule 323 (2) should be completed as under,-
A.B. v. C.D.
Suit No. 2 of 1990
Filed by plaintiff on 9th January, 1990
Rejected as filed too late.
(Signature) Judge
Dated, the 1st April, 1990.
A.B. v. C.D.
Suit No. 2 of 1990
Filed by plaintiff on 9th January, 1990.
Rejected as unproved.
(Signature) Judge
Dated, the 1st April, 1990. Judge
A.B. v. C.D.
Suit No. 2 of 1990
Filed by plaintiff on 9th January, 1990.
Rejected as irrelevant.
(Signature) Judge
Dated, the 1st April, 1990.
### 332. Documents tendered in evidence, but rejected should be returned, either at once or at the conclusion of the trial, to the person by whom they were tendered and his signature should be obtained in column 6 of the list referred to in Rule 323 (1) against each document so returned.
Note. - A pleader is bound to take back any document produced by his client which the Court, under this rule, orders to be returned and to sign a receipt for it in column 6 of the list.
### 333. Before proceeding to judgement the Court should finally revise the record on which judgement is to be based to see that all documents which have been admitted in evidence are on the record and should return whose which have not been admitted in evidence but are still on record.
### 334. (1) When a plaint is returned before registration for presentation to the proper Court, all documents filed with it should be returned with it.
(2) If it is returned after registration unadmitted documents should be returned with it and the return of other documents will be governed by the provisions of the succeeding rule.
### 335. An application for return of a document admitted in evidence and placed on the record may be presented to the Court which admitted it to the record, or if that Court does not sit at the place where the record has been finally deposited, to such Court of a Civil Judge sitting at that place as may from time to time be designated by the District Judge. If the application is made to a Court which does not sit at the place where the record has been deposited, it shall be forwarded by that Court to the Civil Judge deputed by the District Judge as aforesaid and the Civil Judge, if he sees no objection, shall send the document to the Court originally applied to along with the application, returning in the record of a memorandum showing that the document has been sent for return to the party applying for it. After the document has been returned, the Court returning it shall note the fact on the application which shall be re-submitted to the Civil Judge. The Civil Judge shall then note the date of actual return of the document in the list prepared under Rule 329 (1) and cause the application to be filed with the record. Each court sitting at the place where its records are deposited shall deal direct with the record-room in the matter of returning documents which it admitted to the record.
### 336. In cases in which an appeal is allowed by law, no document shall be returned until the period allowed for preferring such appeal has elapsed, or until such appeal, if preferred, has been disposed of, unless the person applying for the return of the document delivers a certified copy to be substituted for the original and undertakes to produce the original if required to do so. No document shall, however, be returned which, by force of the decree, has become wholly void or useless. The return of a document should be noted in the list referred to in Rule 329 (1) .
### 337. To every copy of a decree given to the parties to a suit or case there shall be annexed a printed notice in the following form calling upon them to withdraw their exhibits as soon as the decree shall have become final :-
Notice To Take Back Documents
In the Court of..........................................
Suit No............of....................................
.........Plaintiff
.........Defendant
The parties in the above suit are hereby required to take back, as soon as the decree shall have become final, the documents produced by them which are exhibits in the above case. If they fail to take them back, the documents will be destroyed when the record is destroyed.
Dated.......................................
Judge
Note. - An application presented by any person for the return of a document filed by him in any Court is exempt from court-fees.
### 338. When prosecution is ordered under Section 476, Criminal Procedure Code, the Court should send to the Magistrate the documents m respect of which an offence is supposed to have been committed with the order directing the inquiry' or trial, due precautions being taken to ensure their safe custody. If the production of other original documents is necessary, a copy of each should be prepared by the Court and sent with the origma to the Magistrate who will promptly return the original to the Cour concerned unless they are required for reference. If they are required for reference they should be returned to the Court concerned immediately on the completion of the trial. If any original document is brought on the record of a criminal case it should, immediately after the case has been finally disposed of, be returned to the Court concerned for being replaced in the record of the civil case in its proper place.
Note. - When any document admitted in evidence is removed from the record of a civil case and sent to a Magistrate, the fact should be noted in the remarks column of the list referred to in Rule 329 (1) . Similarly, when the document is received back, the fact should be noted in that column.
### 339. (1) Documents suspected to be forged should be kept in a sealed cover in the custody of the Nazir or Naib-Nazir and not in the connected record. At an out-station when the record of a case containing such a document is sent after disposal to the district record-room the Judge should send the sealed cover separately along with a covering letter inside a registered packet to the officer in charge of the record-room drawing his special attention to the nature of the contents of the sealed coyer and giving the number and date of disposal of the connected case and the particulars of the document sufficient to identify it and asking for an acknowledgment of the same. The sealed cover itself should bear these details and should also bear the certificate of the despatching Judge that the cover was sealed in his presence. On receipt of the packet in the district office the officer receiving it should satisfy himself that the particulars stated on the cover tally with those given in the letter. He should then send the cover and the letter to the record-keeper who shall keep the cover in his charge under lock and key in a box provided for the purpose. The record-keeper shall acknowledge on the covering letter that he has received the sealed cover described therein and return the letter forthwith to the last mentioned officer who shall transmit it to the despatching Judge. The despatching Judge should preserve the covering letter for one year.
(2) In the case of Courts at headquarters the procedure laid down in sub-rule (1) should be followed except that instead of a registered packet a closed packet shall be sent by the reader to the record-keeper direct. The record-keeper will acknowledge on the covering letter receipt of the cover, with its seals intact and with particulars stated on the cover tallying with those of the letter. This acknowledgment will be sent immediately to the despatching Court where it will be preserved for one year.
(3) As covers are received the record-keeper shall note the date of receipt of each sealed cover in a list which should be kept in the aforesaid box The list should be preserved for three years from the date of disposal of the document last pending on it.
(4) If the document is required by a Court for any purpose it should not be sent by the record-keeper except on a requisition endorsed by the Court. On no account should tire document be kept in the record until five years have passed from the date of final order in the case when the record-keeper will, if permitted by the officer in charge of the record-room, remove it from the sealed cover and file it as an ordinary document at its proper place in the record and make the necessary entry in the table of contents. The document will, in the absence of a special direction to the contrary, be destroyed when the file is eliminated.
### 6. Transmission of Records to the District Record-Room ###
340.
The records of (i) suits, (ii) miscellaneous judicial cases, (iii) execution cases, (iv) insolvency petitions, (v) regular appeals, (vi) miscellaneous appeals, (vii) miscellaneous cases and papers should be forwarded, together with the prescribed lists to the district record-room on the 5th of each month. The records of suits and cases decided by Judge of Small Cause Courts should similarly be forwarded to the district record-room on the 5th of each month together with the prescribed lists.
Note. - The District Judge may, with the previous approval of the High Court, relax this rule in case of particular out-stations and fix the 20th of each month for forwarding the records to the district record-room. He should, however, warn the clerks concerned at such stations clearly to bear in mind that this extra fortnight's time is not intended for their benefit and that there should be no slackness on their part in the work of filing, paging and indexing of records.
### 341. If any record is not sent with the connected list referred to in the preceding rule a note should be made in the remarks column of the list against that case showing why the record has not been sent, e.g., (a) detained for copying, (b) detained in connection with department enquiry into the conduct of........................, (c) sent to the clerk of Court on...........Each note should be individually verified and initialled by the Judge before he signs the list.
### 342. The records of miscellaneous non-judicial cases should be forwarded together with the prescribed list to the district record-room on the 5th of each month.
Chapter XVI
Custody, preservation and destruction of records
-----------------------------------------------------------------
### 1. Custody of Records ###
343.
When the records with the prescribed lists are received in the record-room, the record-keeper shall verify that the records correspond with those entered in the list, that their classification and arrangement have been properly carried out and that the contents of each file correspond with the table of contents and shall bring irregularities, if any, to the notice of the Judge concerned through the officer in charge of the record-room and the District Judge.
### 344. (1) The record-keeper shall also ascertain whether the papers in the records bear the court-fee stamps as shown in the table of contents, whether the stamps have been properly punched, and whether the value of the stamps correspond with their value as noted on the right hand top corner of the paper and report irregularities, if any, to the District Judge through the officer in charge. He shall also cancel each label by stamping it in black ink with the circular date-stamp provided for the purpose.
(2) If the record-keeper detects any irregularity or suspects that any Court-fee stamp is not genuine or has been previously used he shall immediately report the matter to the clerk of Court who will submit the case through the officer in charge of the record-room for the orders of the District Judge.
### 345. (1) Once a month the clerk or Court or, in his absence, the deputy clerk of Court, shall satisfy himself, by inspection of the records deposited in the Record-room in the previous month, that the rules regarding the cancellation of the stamps are being properly carried out.
(2) At least once in every six months the officer in charge shall make a general inspection of the record-room and satisfy himself that the rules regarding the cancellation of stamps are being properly carried out and that monthly inspections referred to in sub-rule (1) are being regularly made.
(3) A note of inspections made under sub-rules (1) and (2) shall be made in an inspection book kept in the record-room and the book shall after each inspection be submitted to the District Judge.
### 346. Records which should have been sent with the prescribed lists as required by Rule 340 but which have not been so sent should be entered by the record-keeper in the record-room register of despatch of civil records (Form No. 11-76) and a note should be made in column 7 of the register that the record has been detained in the Court. In the case of records at headquarters the signature of the Reader or other official in whose custody the record is kept should also be obtained in that column.
### 347. On the 10th of each month the record-keeper should submit to the clerk of Court a report showing for each Court what records which should ordinarily have reached the record-room in the preceding month are yet to be received. The clerk of Court shall submit the report to the District Judge for his information and orders.
### 348. The appellate records of the District Judges and Additional District Judges and records of execution proceedings shall be kept with the records of the original suits, but shall not be stitched to the files of these suits.
Exception. - The records of execution proceedings held in a district other than that in which the connected suits were tried, shall be kept in the record-room of the former district in a separate bundle labelled "Executions in suits disposed of in other district".
### 349. With a view to secure uniformity of practice in the matter of making up bundles (bastas) of records and to economize space on the racks in judicial record-rooms the following instructions should be observed-
(1) The vertical space between each shelf and the one next above it is generally 18 inches of which 15 ½ inches are available for storing records. If this is to be fully utilised, 14 inches should be filled, a blank space of 1 ½ inches being left to facilitate removal and return of bundles.
(2) Bundles containing records of classes I and HI will be divided into three groups-
(a) less than 2 years old;
(b) from 2 years to 25 years old;
(c) over 35 years old.
(3) Bundles containing records of group (a) will be of such depth as the District Judge may from time to time prescribe.
(4) Bundles containing records of group (b), when originally formed, will be not less than 6 or more than 7 inches deep, and will be arranged in pairs, one above the other, the depth of each pair not exceeding 12 ½ inches.
(5) Bundles containing records of group (c) will be 14 inches deep.
(6) Bundles containing records of class 11 will be divided into two groups-
(a) less than 2 years old.
(b) over 2 years old.
Instructions (3) and (5) apply to bundles of groups (a) and (b) respectively.
(7) Records of cases decided by Judges exercising Small Cause Court jurisdiction will be kept on a separate set of shelves, the bundles containing them being the same depth and arranged in the same manner as prescribed in instruction (4).
(8) The cloth used for a bundle should be large enough to completely cover the records with it; convenient dimensions for one 7 inches deep are 3-1/2" x 1/2". To one corner of the cloth should be attached a piece of stout cotton twine of suitable length which, if passed tightly round the bundle breadth-wise, will both keep it compact and exclude dust. Such twine can be had in most headquarter stations and its purchase in the local market is permissible under stationery rules. The commonly practised method of closing a bundle by tying the four corners in a knot at the top makes it almost impossible to place one bundle immediately on the top of another and is prohibited.
(9) Bundles will be reformed on passing from group (a) to group (b) and from the latter to group (c). new label being prepared accordingly.
(10) The figures in instructions (4) and (5) will be modified at the discretion of the District Judge to suit racks in which the space between shelves available for storing bundles is greater or less than 15.5 inches.
Adherence to the depths prescribed above is incompatible with placing all cases decided on the same date or in the same month in the same bundle. Records should be traced by their numbers in the record-room registers and the labels on each bundle should, therefore, furnish the following particulars only :
(a) Designation of Court.
(b) Month and year of disposal.
(c) Record-room numbers.
A specimen label is printed below :-
Civil Judge (Class II), Katni
November and December, 1989
Nos. 401-470
Cases decided in different calendar years should nevertheless always be kept in the same bundle where convenient unless the District Judge directs otherwise.
### 350. (1) When a record is removed from the record-room for any purpose, the record-keeper shall insert a memorandum in the prescribed Form (Form No. II-7), in its place in the bundle and note in the record-room register of despatch of civil records, the number of the case, the names of the parties, the designation of the Court or officer to which or to whom it is sent and the date of its removal and shall obtain the signature of the receiving Court or office in the appropriate column of the register. If the record is required by a Court or officer at an out-station the signature taken shall be that of the clerk who acts as a despatcher. On return of the record the record-keeper shall note in the same register the date of return.
(2) When records are called for by a Court of Appeal, File D shall not be sent with the other files unless it is specially called for.
(3) The record-room register of despatch of records should be destroyed after the expiry of three years from the date of the last entry, provided all the records entered therein have been received back.
### 351. In the first week of each quarter the record-keeper shall prepare and submit to the District Judge through the clerk of Court a list in the prescribed form, showing all records which on the last day of the preceding quarter had been out of the record room, whether for the purposes of appeal or otherwise, for more than four months. If there are no entries made, a report to that effect shall be submitted for the District Judge's information.
Note 1. - Whenever any civil record or part of a record is found to be missing, the fact shall be reported at once to the District Judge, who shall cause necessary inquiry to be held without delay and shall impose on the official held responsible for the loss of any punishment which he may think right or necessary in the case. All losses of an entire file and all cases in which theft is suspected shall be reported to the Registrar, High Court of Madhya Pradesh, Jabalpur, as soon as the enquiry has been completed. The report should contain a full statement of the measures taken to prevent losses of a like kind from recurring and also state whether the papers have been recovered or not and what action has been taken against the official responsible or the person concerned if directed. "Missing" in this note means not forthcoming in the place where it would have been had the correct procedure been followed and not positively known to be in some proper custody.
Note 2. - Clerks are forbidden to take records home.
### 352. The lists referred to in Rule 340 should be bound at the end of the year in every case, but may also be bound during the year when they reach the thickness of about 2 inches. The lists so bound will serve as record-room registers.
### 353. (1) The record-keeper shall maintain a register called "Register of Registers deposited in the record-room" (Form No. 11-77). The register shall consist of three parts, viz.,-
I. List of Court registers to be preserved permanently.
II. List of registers to be eliminated after the expiry of a prescribed period.
III. List of record-room registers.
(2) Part II shall be divided into sections as follows :
Section A-Registers to be preserved for 35 years.
Section B-Registers to be preserved for 25 years.
Section C-Registers to be preserved for 14 years.
Section D-Registers to be preserved for 12 years.
Section E-Registers to be preserved for 6 years.
Section F-Registers to be preserved for 5 years.
Section G-Registers to be preserved for 3 years.
Section H-Registers to be preserved for 2 years..
Section I-Registers to be preserved for 1 year.
(3) Part I and each section of Part II shall be divided into groups by kinds of registers only, the number of groups in each part or section being identical with that of the kinds of registers included therein. A separate series of numbers shall be given to the registers in each group. Enough space should be allotted to each group to last for a number of years. Part II should be split up into as many volumes as in each district may be found convenient, each volume containing an integral number of sections.
(4) Part I and each volume of Part II shall be paged throughout and an index shall be made in the opening pages. The entries in the index to Part I shall be made in the order of the groups into which the part is divided and those in the index to each volume of Part II shall be made in the order of section as well as groups in the volume.
(5) When registers are received in the record-room the entries relating to them should be made below the existing entries in the respective groups in Part I or Part II to which they belong.
(6) When a new volume is opened care should be taken to ensure that the space allotted to each group in Part I or Part II is such that the pages belonging to all groups will be completely filed in approximately the same length of time.
(7) Record-room registers referred to in Rule 399 should be entered in Part III which should always be contained in a separate volume.
### 2. Preservation and Destruction of Records ###
354.
The following rules have been made under Section 3 of the Destruction of Records Act, 1917 (Central) and Section 2 of the Madhya Bharat Destruction of Records Act, 1952 (32 of 1952);
Section I
Records other than those of Courts of Small Causes and Miscellaneous non-judicial cases.
(1) A, File shall be preserved for ever,-
A-1. Files shall be destroyed at the end of 12 years.
B. Files shall be destroyed at the end of 25 years.
C. Files shall be destroyed at the end of 12 years.
D. Files shall be destroyed at the end of 1 year.
Note. - An original will presented under Section 276 of the Indian Succession Act, 1925, is not a part of the record within the meaning of this rule. As required by Section 294 of the Act, all original wills should be permanently preserved. Where a grant of probate or letters of administration with copy of the will annexed has been made, the original will shall forthwith be forwarded to the District Registrar. In other cases each will shall be placed, after destruction of its connected record, in a special bundle devoted to this purpose and labelled accordingly.
(2) The above periods shall be calculated as regards suits or cases of classes I, II and HI from the date of the final decree or order, which in cases in which appeals are filed, will be that of the appellate Court. But in cases in which the decree or any subsequent order directs payment of money or delivery of property at a future fixed date or at recurring intervals, then the periods shall be calculated from such fixed date or from the end of the last of such recurring intervals, as the case may be.
(3) In cases of class IV the period shall be reckoned from the date on which the application for execution was finally disposed of by the Court executing the decree or by a Court of appeal, whichever is the later date. For the purposes of this rule each execution record shall be dealt with separately, irrespective of any other application to execute the same decree or order.
(4) Cumbrous and bulky exhibits, such as account books, village papers, and the like which cannot be conveniently put up with the records of the case in which they have been used, but which have to be preserved separately, e.g., in almirahs, boxes and bundles, may be destroyed, under the orders of the District Judge, after the expiry of the period of one year from the date of the decree becoming final. In such cases notice of the intended destruction shall be served one clear month before the expiry of the said period on the parties concerned or on their pleaders.
(5) Elimination of D Files shall be done month by month. Each month the record-room registers of the thirteenth month back should be examined for the purposes. As far as possible similar monthly examinations should be made for the elimination of A-l, B and C Files, work on these being brought up-to-date by the end of each civil Court vacation. The ordinary monthly examination should be supplemented by-
(a) a monthly examination of the registers 24 months further back, for the purpose of eliminating D Files;
(b) an examination of the registers in each of the two successive vacations following that in or next before which the original examination was made, for the purpose of eliminating A-l, B and C Files.
(6) A note of every paper, register or record taken out for destruction shall, at the time of removal, be made in the appropriate record-room register and shall be initialled by the record keeper. If in any case the destruction is not effected, the note shall be cancelled under the record-keeper's initials.
(7) The destruction of all papers shall ordinarily be effected by burning in the presence of the record-keeper acting under the supervision of a Judge.
At stations where there is a District or Central Jail, the Superintendent of which has certified that he will arrange for the prompt removal of waste paper, the District Judge may direct that all destruction shall be effected by tearing into small pieces. Before giving such a direction the District Judge shall satisfy himself that proper receptacle for temporary storage of waste paper pending removal is available and shall take all other precautions necessary to minimise the risk of damage by fire to records which have to be retained.
Section II-Records of Miscellaneous Non-Judicial Cases
(8) In records of miscellaneous non-judicial cases shall be destroyed at the end of three years from the date on which the cases were disposed of.
Section III-Records Of Courts Of Small Causes
(9) In cases where no one is entitled to recover anything, the record shall be destroyed one year from the date of the decree or order finally disposing of the case. In cases where a decree has been fully satisfied, the record shall be destroyed at the end of one year from the date of satisfaction of the decree. In other cases where satisfaction is not obtained in Court or certified earlier, the record shall be destroyed at the end of the twelve years from-
(a) the date of the decree sought to be executed, or
(b) where the decree or any subsequent order directs payment of money or delivery of property to be made at the fixed date or at recurring intervals, the date so fixed, or the end of the last of such recurring intervals, as the case may be.
The record of proceedings in execution of a decree deposited in the record-room after the expiry of twelve years from the date of the decree shall be destroyed after one year from the date of the final order passed in the proceedings.
Section IV-Record-Room Registers
(10) The record-room register, both of regular and Small Cause Courts, should be preserved for the same period for which the records to which they relate are preserved.
### 355. The record-keeper should maintain a plan and an index showing the number and position of the racks, and the arrangement and number of the bundles in the record-room and shall revise the index every year in the first week of July.
[For Regulations for preservation and inspection of original wills filed under sub-section (1) of Section 294 of the Indian Succession Act, 1925 (XXXIV of 1925), see Appendix to this Part.]
Chapter XVII
Inspection of records
---------------------------------------
### 356. A legal practitioner entitled to practice in a Court may inspect the records of that Court and any party to a case or his recognised agent may inspect the record of that case whether pending or disposed of. Any other person desiring to inspect the record of a case, whether pending or decided, shall be required to state the purpose for which inspection is sought.
### 357. The records of all cases not deposited in the record-room are open to inspection by order of the Presiding Judge, or during his absence, by order of the Senior Judge at the station. The records deposited in the record-room will be open to inspection by order of the clerk of Court or deputy clerk of Court.
Note. - Where there is more than one record-room in a district, or to meet any other exigency, the District Judge may, by a general or special order, authorise any particular ministerial; officer to perform the duties of a clerk of Court of a deputy clerk of Court under this rule.
### 358. The inspection of records shall be made at such time, in such place and in the presence of such officials as the Presiding Judge, subject in the case of subordinate Court to the control of the District Judge, may direct.
### 359. An inspection Book in the prescribed form (Form No. 11-35) shall be kept in each Court and also in the record-room. Every person seeking inspection shall enter the necessary particulars therein. No separate application is necessary. No inspection shall made till the Judge has granted permission.
Note. - If a pleader's clerk is authorised by his master to inspect the record note that he has been so authorised should be made in the remarks column of the Inspection Book.
### 360. Except as hereinafter provided in Rule 363 an inspection fee of 75 Paise an hour or fraction of an hour shall be charged for every record inspected. The record of a suit includes any execution proceeding or proceedings therein, particulars of which are entered in the appropriate column of the Inspection Book simultaneously with those of the suit, but it does not include the original record of any appellate proceeding arising out of the suit or out of any proceeding therein.
### 361. Books and registers kept under the orders of High Court are open to inspection by public. The fees shall be 50 Paise an hour or fraction of an hour occupied in the inspection, irrespective of the nature or number of the books or registers inspected. The person seeking inspection must prior to taking inspection make the necessary entries in the Inspection Book.
### 362. (1) Inspection fees shall be levied by means of court-fee stamps. The record-keeper, or in the case of a Court such officer as the Presiding Judge may direct to maintain the Inspection Book, shall affix the stamps in the column provided in the Inspection Book, and cancel them in the manner required by Section 30 of the Court-fees Act, 1870.
(2) The Judge or the ministerial officer by whose orders the inspection is allowed shall see that the stamps are duly affixed and cancelled. These fees shall be prepaid and shall in no case be refunded.
### 363. (1) No inspection fee shall be charged for the inspection of records, books and registers by Government law officers, or other persons duly authorised in this behalf, for the Government purposes, or by an official of the Court of Wards for the purposes of that Court or for the inspection of the record of a pending case by a party thereto or his recognised agent or pleader empowered to act on his behalf or such pleader's recognized clerk or for the inspection of a record by any one when the inspection is made at the request of the Court.
Note 1. - Public prosecutor's clerk may be regarded as duly authorised to inspect the record of a case in which the Public Prosecutor appears for Government.
Note 2. The record of a pending case includes the record of a decided case which is called for reference in the pending case.
(2) Inspection fee may be remitted by the District Judge in the case of Press correspondents who seek inspection of judgements or final order with a view to publication in a newspaper.
(3) When inspection fees are remitted an entry to that effect shall be made in the column provided for affixing the court-fee labels in the Inspection Book and the reason for remission shall be noted in the remarks column.
### 364. (1) No pen and ink shall be used during the inspection. Pencil and paper may be used for making any notes or copies from the record but no marks shall be made on any record or paper inspected.
(2) A person infringing sub-rule (1) may, by order of the Presiding Judge, be deprived of the right of inspection for such period as the Judge may direct. Such an order shall, however, be subject to the approval of the District Judge if it is passed by a Judge subordinate to the District Judge.
### 365. It shall be the duty of the official supervising the inspection of a record to see that no alterations are made in it or papers abstracted, and, that it is returned in its original condition when the inspection is over. He shall permit none but the applicant himself to inspect the record or to take notes or copies therefrom. The inspection must ordinarily be completed and the record returned within the hours fixed by the District Judge for inspection under Rule 358.
### 366. If the applicant fails to make inspection within one week from the date on which inspection was ordered, the order shall lapse and no further inspection shall be allowed without a fresh application.
### 367. (1) When an appeal is about to be filed by a pleader of an appellate Court and the record of the proceedings in the case is not in the appellate Court situated in the place where the appellate Court ordinarily sits, it should be sent for by the appellate Court and kept ready for inspection by the said pleader, provided a certificate is put in by the pleader to the effect that he is about to file an appeal in the Court addressed under instructions from a person affected by the decree or order of a subordinate Court, that the inspection of the record is necessary in order to enable him to prepare the memorandum of appeal, and that he is unable, without great inconvenience or delay, to see the record at tire place where it is.
(2) If the record is in a Court situated in the place where the appellate Court ordinarily sits but has not been passed on to the record-room the Judge of the Court to which the proceedings belong may, at his discretion, allow the record to be inspected, provided the pleader files a certificate as laid down in sub-rule (1).
Note. - An application for moving the Court to act under this rule should be stamped with court-fee stamp of one rupee as required by Article 1A, Schedule II, to the Court Fees Act, or as amended from time to time, it the transmission of the record involves the use of post, a further fee of rupee one or as payable under Article 1A, ibid, should be levied.
### 368. Inspection of wills, probate of which has been granted, shall be given according to the regulations made by the State Government under Section 294 (2) of the Indian Succession Act, 1925. The regulations are reproduced in the Appendix to this part.
Appendix II
Regulations made by the State Government under Section 294 (2) of the Indian Succession Act, 1925, for the preservation and inspection of wills
### 1. When probate of a will has been granted under Section 289 of the Indian Succession Act, 1925 (XXXIX of 1925) (hereinafter referred to as the Act) or when letters of administration, with a copy of the will annexed, have been granted under Section 290 of the Act, and the original will has been filed among the records of the District Judge's Court, the District Judge shad forthwith deposit the will in the fire-proof box used by the Registrar under Section 43 (2) of tire Indian Registration Act, 1908 (XVI of 1908). A register shall be kept of all the wills so deposited; and each will shall be enclosed in a sealed cover bearing the serial number of the will in the register of wills, the name of the person whose will is enclosed, the date of deposit and the signature of the District Judge. ###
2. When the estate of which the will relates has been administered (vide Section 317 of the Act), the will shall be filed in open form in the compilation containing in order of registry all the wills filed under sub-section (1) of Section 294 of the Act. Each will shall bear its registration number and a list of contents shall be prefixed to the file. The compilation shall be kept in the aforesaid fire proof box.
### 3. The rules for the inspection of records of civil proceeding will, so far as may be, apply to the inspection of wills deposited as above. Inspection shall only be allowed by order of the District Judge and in the presence of the District Registrar, and a fee of Rs. 2 per hour or fraction of an hour shall be charged for eVery will inspected. ###
4. The register of wills maintained under Regulation 1 shall be kept in the aforesaid fire-proof box. The District Registrar who holds the keys of this box shall be responsible for the safe custody of the wills and register. Whenever a Will is withdrawn, the order of the District Judge calling for its production must be deposited in its place, a note of the withdrawal being at the same time made in the remarks column of the register.
[6] Notification No. 4692. - In exercise of the powers conferred by Article 227 of the Constitution of India read with Section 23 of Madhya Pradesh Civil Courts Act, 1958 and all other powers enabling, and in supersession of the existing rules in force in Civil Courts in any part of Madhya Pradesh on the concerned subject, the following rules relating to Court Registers, Periodical Returns and Statements have, with the previous approval of the Governor, been made by the High Court of Madhya Pradesh, Jabalpur, and published for general information.
Part III – Court Registers, Periodical Returns and Statements
---------------------------------------------------------------
Chapter 18
Court registers
-------------------------------
### 369. The following registers shall be maintained by the Courts mentioned against each column (4) of the sub-joined table and shall be preserved for the period shown in column (5) thereof, the period being counted from the date of the last serial entry in each register. The registers should not however, be destroyed until the records of all the cases entered therein are destroyed. The registers should be kept from year to year until full unless required by any standing orders to be closed at the end of each year :-
| | | | | |
| --- | --- | --- | --- | --- |
|
S. No.
|
Name of register
|
No. of form in schedule
|
By what Courts to be maintained
|
Period for which to be preserved
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
I-Courts of original jurisdiction
|
|
1.
|
Register of Civil Suits in Small Cause Courts
|
II-16
|
Courts exercising Small Cause Court powers
|
Twelve years.
|
|
2.
|
Register of Civil Suits in other
Courts (in two parts)-
Part A-Title and other suits
Part B-Suits for money and movables
|
I-17
II-17
|
Courts trying this class of suits
Courts trying this class of suits
|
For ever.
Twenty-five years.
|
|
3.
|
Register of Miscellaneous Judicial cases
|
|
|
Twelve years in Small Cause Courts and Twenty-five years in
other Courts.
|
|
4.
|
Register of applications under the Indian Succession Act
|
II-19
|
Courts having jurisdiction
|
Twenty-five years.
|
|
5.
|
Register of Insolvency Petitions
|
II-20
|
Insolvency Courts
|
Twenty-five years.
|
|
6.
|
Register of Insolvent Estates
|
II-21
|
Insolvency Courts
|
Twenty-five years.
|
|
7.
|
Registers of Receivers
|
II-22
|
Insolvency Courts
|
Twenty-five years.
|
|
8.
|
Register of Estates of Wards under the Guardians and Wards Act
and under the Indian Lunacy Act.
|
II-23
|
Courts having Jurisdiction
|
Twenty-five years.
|
|
9.
|
Register of Statements under Section 3 of the Musalman Wakf
Act
|
........
|
Courts having jurisdiction
|
For ever.
|
|
10.
|
Register of Processes and Processing fees
|
II-24
|
All Courts
|
Three years.
|
|
11.
|
Register of diet-money received by money-order
|
II-25
|
Courts receiving processes from outlying Courts for service
|
Three years.
|
|
12.
|
Book of receipts for money
|
XV-99
|
All Courts
|
Six years.
|
|
13.
|
Register of fines imposed on witnesses and for contempt of
Court
|
II-26
|
All Courts
|
Three years.
|
|
14.
|
Register of Stamp Duties and Penalties realised
|
II-27
|
All Courts
|
Three years.
|
|
15.
|
Register of Commission issued
|
II-28
|
All Courts
|
Three years.
|
|
16.
|
Register of Commissions received from other Courts
|
II-29
|
All Courts
|
Three years.
|
|
17.
|
Receipt book of documents admitted in evidence and returned
|
II-30
|
All Courts
|
Six years.
|
|
18.
|
Register of decrees received from other Courts for execution
|
II-31
|
All Courts
|
Twenty-five years.
|
|
19.
|
Book of deposit repayment vouchers
|
II-32
|
All Courts
|
Twelve years.
|
|
20.
|
Judicial Diary
|
II-33
|
All Courts[xxx]
[Omitted by the M.P. Rajpatra, Part IV(Ga) , dated 16-6-1978, p. 190.]
|
Two years.
|
|
21.
|
Station dak book
|
II-34
|
All Courts
|
Three years.
|
|
22.
|
Inspection book
|
II-35
|
All Courts
|
Three years.
|
|
23.
|
Causelist
|
II-36
|
All Courts
|
One year
|
|
24.
|
Register of Court fees realised
|
|
All Courts
|
Three years.
|
|
II.-Courts of Appellate Jurisdiction
|
|
1.
|
Register of regular appeals (in two
parts),-
Part A-Appeals from title and other
suits
Part B-Appeals from suits for money and movables
|
II-38
II-38
|
All Courts
All Courts
|
For ever.
Twenty-five years
|
|
2.
|
Register of Miscellaneous Appeals.
|
II-39
|
All Courts
|
Twelve years.
|
Note. - A Court having jurisdiction both as a Court of a Civil Judge and as a Court of Small Causes should maintain separate sets of registers in these capacities, save that the Inspection Book and Judicial Diary shall be common.
### 370. Register of civil suits in small cause Courts.
- In this register shall be entered all suits institution in Courts of Small Causes and also those to be tried summarily by Courts invested with Small Cause Court powers. More than two entries shall not be made on any page. The name of the tahsil from which the suit arises shall be entered below the serial number in column (1) . Details regarding each plaintiff and each defendant and their registered addresses, if filed, shall be entered in columns (2) and (3), respectively. In column (5) shall be entered not only the date of first hearing but also each date to which the hearing of the suit may be adjourned. When tire suit is disposed of the record-room number and the year allotted to it shall be entered in column (1). The date and result of revision by tire High Court shall be entered in red ink in columns (6) and (7), respectively. In column (8) shall be entered the date on which each application for execution admitted is received in Court. This column will frequently contain more than one entry as the date of each application admitted must be entered. In the last column of the register shall be entered a note of every return of non-execution, release from jail, payment into Court before execution and similar matters together with the appropriate dates.
Note. - In case of dismissal of a suit as fully satisfied in or out of Court the entry in column (7) shall be one of full satisfied in or out of Court without stating for whom the decree has been passed.
### 371. Registers of civil suits in other Courts.
(1) This register shall be maintained in two separate parts to be styled 'Part A. - Title and other suits' and 'Part B-Suits for money and movables', and all suits tried by ordinary procedure shall be entered in it. In Part A shall be entered suits for immovable property, suits for specific relief, mortgage suits, and other suits not registered in Part B; in Part B, suits for money or movable property. Suits relating to questions of title under any law relating to land shall be entered in Part A. Contested applications for Probate or for Letters of Administration, as also applications for revocation of Probate or Letters of Administration shall be registered as suits in Part A.
(2) Tire name of the Tahsil, from which the suit arises, shall be entered below the date of institution in column (1). If a suit is instituted on Additional District Judge side, the letters "ADJ" shall also be entered in red ink in that column. To the serial number of each suit shown in column (2), the distinguishing letters 'A' or 'B' shall be added according to the Part in which a suit is registered. In the same column the letters 'SC' shall be entered in red ink against each suit which is cognizable by Small Cause Court and is not over Rs. 1,000 in value. The presiding Judge, when directing the claim to be registered shall endorse on it a note indicating whether the suit is cognizable by a Small Cause Court or not. Details regarding each plaintiff and each defendant shall be entered in columns (3) to (5), and (6) to (8), respectively. The registered address of each plaintiff and that of each defendant shall, if filed, be noted in columns (5) and (8), respectively. In column (12) shall be entered not only the date of the first hearing but also each date to which the hearing of the suit may be adjourned. When the suit is disposed of, the record-room number and the year allotted to it shall be entered in column (2) below the serial number In column (18) shall be entered the date on which each application for execution admitted is received in Court and in column (19) the date on which an order for execution of the decree is made. Each of these two columns will frequently contain more than one entry, as the date of each application admitted and of each order passed on such application must be entered. In column (25) a note of every return of non-execution, the period for which a judgement-debtor is detained in civil prison, release from jail payment into Court before execution, and similar matters shall also be made.
Note 1. - If a suit is dismissed for want of prosecution or in default of plaintiff or of both parties, or is dismissed as compromised out of Court, or is withdrawn with or without liberty to institute a fresh suit or if the plaint is returned after registration for presentation to a proper Court, the result should be noted across columns (14) and (15). A decree in terms of a compromise will be also noted in these columns. When costs of one party are ordered to be paid by the other party, column (14) should show the name of the party to whom costs are to be paid, and column (15) the amount of costs
Note 2. - In all kinds of cases in which preliminary decrees are passed, the result of such decrees shall be noted in columns (13) to (15). When a decree is transferred for execution from one Court to another, a note regarding the transfer shall be made across columns (19) to (25) of the register of regular suits and across columns (9) to (13) of the register of Small Cause Court Suits.
### 372. Register of miscellaneous Judicial cases.
- In this register shall be entered all miscellaneous judicial cases for which no separate register is prescribed The following list shows the cases which are to be treated as miscellaneous judicial cases and without the special orders of the High Court no addition should be made thereto :
Cases under the Code of Civil Procedure. - (1) Plaints rejected or returned for presentation to the proper Court before registration.
(2) Memoranda of appeal rejected under Order XLI, Rule 3, or returned for presentation to the proper Court before registration.
(3) Application under Sections 22 and 24 to an appellate Court to transfer suits, appeals or other proceedings pending in a subordinate Court.
(4) Application under Rule 2 (3), Order II; Rule 21 (2), Order VII; Rule 12 (3), Order VIII; Rules 4, 9 and 13, Order IX; Rule 9 (2), Order XXII; Rule 2(2), Order XXV and Rules 19 and 21(1), Order XLI, arising in respect of suit or appeal.
Note. - Applications arising from a miscellaneous judicial case shall not be separately registered but a note should be made in the remarks column against die parent application.
(5) Miscellaneous Criminal Proceedings under Rules 10 to 13, 17 and 18 of Order XVI.
(6) Cases under Sections 47, 95, 144 and 145.
Note. - When an execution case is pending and an application under Rule 11 (2) , Order XX is made the application should be treated as part of the execution case and not as a separate miscellaneous judicial case.
(7) Inquiries under Rule 2 (2), Order XXI, on the applications of judgement-debtor as to payments or adjustment alleged to have been made.
(8) Claims and objections under Rule 58 (1) of Order XXI or under Rule 8 of Order XXXVIII.
Note. - Applications under Rules 90 and 91, Order XXI, to set aside a sale in execution of a decree are to be treated as part oi the execution case and not as separate miscellaneous case.
(9) Application under Rule 95, Order XXI, for delivery of property.
(10) Complaints by decree-holders or purchasers under rule 97, Order XXI, of resistance to possession.
(11) Applications under Rule 100, Order XXI.
(12) Commissions under Rule 4, Order XXXVI, for the examination of witnesses, received from other Courts and executed by the Court.
(13) Applications under Rule 2, Order XXXIII, and Rule 1, Order XLIV, for permission to sue or appeal as a pauper.
(14) Applications under Rule 2 (3), Order XXXIX.
(15) Applications for a reference to the High Court under Rule 7, Order XL VI.
(16) Applications under Rule 1, Order XLVII.
(17) Case, under other Acts. - Inquiries under clause (5) of Section 19H of the Court Fees Act, 1870.
(18) Cases relating to legal practitioners.
(19) Applications under Sections 7,11, 22, 32, 34, 36, 41, 46, 53 and 72 to 74 of the Indian Trusts Act, 1882.
(20) Cases under Sections 57 and 83 of the Transfer of Property Act, 1882.
(21) Applications under sub-sections (3) and (4) of Section 16 of the Indian Telegraph Act, 1885.
(22) Applications with respect to the guardianship of the person or of the property of minors under the Guardians and Wards Act, 1890, applications under Section 31 of the same Act and proceedings in connection with the accounts of each year under the rules framed by the High Court under Section 50 of the Act.
(23) Cases under Parts in and IV of the Land Acquisition Act, 1894.
(24) Miscellaneous criminal cases under Sections 476, 476A, 478, [479A]
[Inserted vide Notification No. 13523-III-1-5-57, dated 22-11-1966. Published in M.P. Rajpatra, Part IV (Ga) dated 2-12-1966 at page 999.]
and 480 of the [Code of Criminal Procedure, 1898]
[See now the Code of Criminal Procedure, 1973 (2 of 1974).]
.
(25) Applications or proceedings under Section 61 of the Indian Stamp Act, 1899.
(26) Proceedings under Section 62, 76 (2), 77, 80, 82 and 88 of the Indian Lunacy Art, 1912.
(27) Applications under the Companies Act, 1956.
(28) Applications under Sections 25 (2) of the Madhya Pradesh Land Alienation Act, 1916.
(29) Petitions under Section 7 and proceedings under Sections 4, 53, 54, 70 and 72 of the Provincial Insolvency Act, 1920.
Note. - Proceedings under Sections 4, 53 and 54 of the Act should be entered in this register and not in the register of Insolvency Petitions.
(30) Petitions under Sections 3 and 7 of the Charitable and Religious Trusts Act, 1920.
(31) Proceedings under Sections 3 and 5 of the Musalman Wakf Act, 1923
(32) [ xxx]
[Omitted vide Notification No. 9156-III-1 -12-36, F. No. 10/1, Part 2, dated 15-10-63. Published in M.P Gazette, Part 4 (Ga) , dated 1-11-63 at page 816.]
,
(33) Applications under Section 14 of the Madhya Pradesh Local Fund Audit Act, 1933.
(34) Applications under Section 11 of the Madhya Pradesh Money Lenders Act, 1934.
(35) Petitions under Section 3 of the Madhya Pradesh Adjustment and Liquidation of Industrial Workers' Debt Act, 1936.
(36) Cases under Section 26 of the Madhya Pradesh Public Trusts Act, 1951.
(37) Proceedings against witnesses and proceedings under sub-section (2) of Section 18A of the Workmen's Compensation Act, 1923.
(38) Applications under the Insurance Act, 1938.
(39) Applications for appointment or removal of mutawallis; applications for fixing; reducing or increasing the remuneration or allowances of mutawallis or of the officers or servants attached to the wakf; and applications by mutawallis for permission to alienate wakf immovable property.
(40) Applications under Sections 21 and 38 of the Madhya Pradesh Co-operative Land Mortgage Banks Act, 1937.
(41) The following applications under the Arbitration Act, 1940 when not connected with a suit or proceeding pending before a Civil Court or with an application under Section 20 (2) or 14 (2) of the Act registered as a suit;-
(i) to revoke the authority of an arbitrator or umpire (Section 5);
(ii) to appoint an arbitrator sole arbitrator, or umpire (Sections 8 (2) and 12);
(iii) to set aside the appointment of a sole arbitrator or to allow further time of a defaulting party (Section 9);
(iv) to remove an arbitrator or umpire (Section 11);
(v) to obtain the Court's opinion on a special case, etc., states (Section 13 (b));
(vi) to modify or correct an award (Section 15);
(vii) to enlarge time (Section 28);]
(viii) to set aside an award (Section 30);
(ix) to contest an arbitration agreement or award (Section 33);
(x) to obtain an order for delivery of the award (Section 38).
(42) Applications under Section 21 of the Arbitration Act, 1940 (X of 1940).
(43) Petitions under Section 20 of the Madhya Pradesh Municipalities Act, 1961.
(44) Proceedings under sub-section (6) of Section 17B of the Indian Criminal Law Amendment Act, 1908 (XIV of 1908).
Note. - Registered address shall he shown in columns (3) and (4) and in the instructions contained in Rule 371 (2) followed in making entries.
(45) Cases under clause (ii) of sub-section (1) of Section 4 of the Madhya Pradesh Accommodation (Requisition) Act, 1948 (LXIII of 1948).
(46) Cases under clause (b) of sub-section (1) of Section 91 C of the Madhya Pradesh Irrigation Act, 1931 (III of 1931).
(47) Applications-
(i) under the proviso to Section 35 (5) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (I of 1951), or
(ii) under Section 15 (2)(c) of the Madhya Bharat Abolition of Jagirs Act, 1951 (XXVIH of 1951), or
(iii) under Section 15 (3)(b) of the Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, 1952 (XI of 1952), or
(iv) under Section 15 (3)(b) of the Bhopal Abolition of Jagirs and Land Reforms Act, 1953 (X of 1953), or
(v) under the proviso to Section 35 (3) (b) of Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (VI of 1952).
(48) References under section 62 of the Madhya Pradesh Panchayats Act, 1962.
(49) References under Section 146 of the Code of Criminal Procedure.
(50) [ Applications under Section 307 (5) of the Madhya Pradesh Municipal Corporation Act, 1956.]
[Inserted vide Notification No. 13523-III-1-5-57, dated 22-11-1966, Published in M.P, Rajpatra, Part IV (Ga) , dated 2-12-1966 at page 999.]
### 373. Register of applications under the Indian Succession Act.
- Applications under Sections 192, 276, 278 and 372 of the Act shall be entered in this register. Subsidiary applications under other sections of the Act shall not be registered separately but a brief note of the disposal of such applications shall be made in the remarks column of the register against the original entry.
### 374. Register of insolvency petitions.
- Petitions under Section 7 of the Provincial Insolvency Act should be entered in this register and also proceedings under Sections 70 and 72 of the Act. Proceedings under Sections 4,53 and 54 of the Act which are to be treated as miscellaneous judicial cases should be registered in the register of Miscellaneous Judicial Cases and not in this register and their serial number in that register should be noted in the remarks column of this register against the parent case.
### 375. Register of estates of wards under the Guardians and Wards Act and under the Indian Lunacy Act.
- A common register has been prescribed for estates of wards under the Guardians and Wards Act and the Indian Lunacy Act. When an entry relates to the latter Act the words "Lunacy Act" should be written below the serial number in column (1) so that the register may show at a glance the estates under the said Act.
### 376. Register of statements under Section 3 of the Musalman Wakf Act.
- Statements filed under Section 3 of the Act shall be entered in this register but those under Section 5 shall be entered in the register of Miscellaneous Judicial Cases mentioned in Rules 369 and 372 above.
### 377. Register of processes and process-fees.
(1) The register shall be maintained by the process-writer of each Court. Processes received from other courts for service shall be entered in this register, but the columns for showing the Court-fees levied should be left blank.
(2) When a person applies for the issue of summons to a witness he shall tender a sum by way of diet-money (travelling and other expenses) sufficient to meet the requirements of Rule 2, Order XVI. The amount of diet-money shall be stated in the application if it is not so stated or if it is held by the Court to be insufficient, the application shall immediately be returned to the applicant for amendment or for payment of the deficient amount, as the case may be.
(3) When a Court starts an inquiry under Section 476 of the Code of Criminal Procedure suo motu, diet-money shall be paid from contingencies the charges being debited to the head "Diet-money and travelling expenses of witnesses" to be opened under "Countersigned Contingencies". In other cases the person at whose instance the inquiry is made shall be required to tender diet money payable to witnesses as in a suit.
(4) On receipt of an application or memorandum for issue of a process it should immediately be put up before the Judge for his orders. If issue of the process is ordered the process-writer shall write out the process within a reasonable time, not exceeding three days, make the necessary entries in the register and send the process with the written application or memorandum and diet-money, if any, to the Nazir, who should put his signature in the appropriate column of the register, against each entry. The money should be acknowledged both in words and figures. When the process is issued free of cost column (5) of the register should be left blank. When service on several persons residing in the same village or ward of a municipality or cantonment is applied for at the same time and a fee of 75 Paise is paid for service of a process on each person after the first under the note to Article 1 of the various clauses of the Process-fee Rules the name of the village or ward should be entered in column (6) of the register.
### 378. Register of diet-money received by money-order.
- The process writer shall maintain this register. When a money order relating to diet money is presented to him for acceptance, he shall make the necessary entries in the register and send the register with the money-order to the Judge who shall, after satisfying himself that the money has been accounted for in the register, put his initials in column (5) of the register and sign the acknowledgment in the money-order form. The money shall then be received by the process-writer, and if the connected process has been received, the process and the money shall be duly entered in the register and sent to the Nazir. If the connected process has not been received, the money shall be held by the process-writer till the process has not been received or till the process is received or till the expiry of two weeks from the date the money was received, whichever is earlier. If within the time the connected process is not received he shall report the fact to the Judge who shall order the Nazir to receive the money and to treat it as returned diet-money. The Nazir shall thereupon receive the money, acknowledge it in the last column of the register and deal with it as if it were returned diet-money.
### 379. Book of receipts for money.
(1) As soon as an application or memorandum with diet-money is presented to a process-writer he shall enter the amount in one of the receipts in the book. Each receipt shall be in duplicate and the office copy shall be prepared, simultaneously with the original by means of a carbon paper. The originals which shall bear the same serial number as the carbon copy shall be tom off at the perforated line and presented to the payer as his receipt. Court clerks are prohibited from receiving any money other than diet-money and also from receiving any money after 4 p.m. Each clerk shall daily send the whole balance in his hands in a sealed leather bag to the Nazir not later than 4.45 p.m. for custody. Next day he shall take the bag and proceed to deal with the contents in the regular manner.
(2) The numbers of processes issued in connection with such receipt shall be noted on the counterfoil in the Book of Receipts and the numbers of receipts shall be given against the connected processes in the register of process and process-fees. An account of receipts and expenditure of diet-money shall be made in the Book of Receipts on the back of the last receipt issued for the day in respect of every day on which a transaction occurred showing that all amounts received have been fully spend and duly accounted for.
The appropriate form will be one of the samples given below :-
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A.-Account of diet-money for 7th April, 1990.-
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Last Balance-
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Rs.
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(i) |
As per receipt No..............
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10
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(ii) |
As per register of diet-money received by money order
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6
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Total receipts during the day
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(i) |
As per receipt No..............
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8
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(ii) |
As per register of diet-money received by money order
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5
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Sent to Nazarat-
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(i) |
As per receipt No.............and process No.................
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15
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(ii) |
As per register of diet-money received by money-order vide P.
Nos..........
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8
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Balance
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(i) |
Receipt Nos..............
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3
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(ii) |
As per register of diet-money received by money order.
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3
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Or
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B.-Account of diet-money for 7th April, 1990
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Last Balance-
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(i) |
As per receipt No................
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10
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(ii) |
As per register of diet-money received by money order
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6
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There was no transaction on 7th April, 1990.
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Sent to Nazarat-
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(i) |
As per receipt No..............
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10
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(ii) |
As per register of diet-money received by money order
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6
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Balance
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(i) |
As per receipt No...............
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Nil
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(ii) |
As per register of diet-money received by money order
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Nil
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C.-Account of diet money for 8th April, 1990-
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There were no transactions from 1st to 8th April, 1990.
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Total receipts during the day-
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(i) |
As per receipt No...............
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15
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(ii) |
As per register of diet-money received by money order
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5
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Sent to Nazarat-
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(i) |
As per receipt No...............
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10
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(ii) |
As per register of diet-money received by money order
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3
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Balance-
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(i) |
As per receipt No................
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5
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(ii) |
As per register of diet money received by money order
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2
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Signature of Clerk
Verified.........
Judge.
Deputy Clerk of Court.
Note. - The daily account should be written neatly. As far as possible it should not rim ahead of the receipts actually used. If necessary it may be written on pieces of paper pasted on the last receipt in such a way as to leave all accounts clearly visible.
(3) The daily account shall be verified every day by the clerk or the deputy clerk of Court, or when there is no clerk or deputy clerk of Court by the Judge himself, who shall see that the money covered by the receipts issued has either been sent to the Nazir with the process or is in balance with the process-writer. He shall also satisfy himself by examining the counterfoils of that day and the preceding days that the number of processes issued have been correctly entered on all of them except those shown in the balance of the daily account.
(4) The clerk or deputy clerk of Court, or when there is no clerk or deputy clerk of Court, the Judge himself shall check at least once a quarter, not less than five per cent of the receipts from the Book of Receipts for money with the connected entries of processes and diet-money in the register of process and process-fees, in order to ascertain whether the amount of diet-money noted in each receipt, has been duly accounted for in the said register. The result of this check shall be noted in the Inspection Note Book.
(5) Inspecting officers shall see whether the daily account is being properly written up and systematically verified as prescribed in sub-rule (2) and whether the quarterly check, as required by sub-rule (4) is regularly made. They shall also see that the counter-foils in the Book of Receipts are legibly written and shall compare them with the actual receipts given to parties, if available.
### 380. Register of fines imposed on witnesses and for contempt of Court.
(1) The entry of a case in this register, does not dispense with the necessity of entering the case in the register of Miscellaneous Judicial Cases. Entries in this register should be made only when a person has been sentenced to fine.
(2) When a fine is realized by a Court, the presiding Judge shall send an order in writing to the Nazir to receive the money and credit it into the treasury The Nazir shall receive the money, deposit the amount in the treasury and report to the Court the number and the date of the treasury challan for being noted in the remarks column of the register.
(3) In order to facilitate the monthly comparison prescribed by Rule 44, Madhya Pradesh Financial Code, Volume I, each Court shall submit, not later than the 3rd of each month, to the District Judge, a simple memorandum showing the total amount of fines imposed, realized and paid in the treasury in the previous month.
### 381. Register of commissions received from other Courts.
- Commissions received from other Courts shall be entered in the register. If a commission is not entrusted to a pleader, but is executed by the Court itself it shall be treated as a miscellaneous judicial case and entered in the register of Miscellaneous Judicial Cases also Rule 372 (12) If no remittance is received with the commission and neither party appears to proceed with the case, inquiry should be made from the Court which issued the commission as laid down in Rule 251.
### [382. Receipt book of documents admitted in evidence and returned.
- Applications for the return of documents, etc., which have been admitted in evidence by Courts in the interior of the district and form part of records already deposited in the district record-room may be registered in the Judge's Court and disposed of under his orders.
### 383. Station Dak Book.
- Papers and articles, the despatch of which is noted in a separate register, e.g., processes and diet money sent to the Nazir, should not be entered in this register. But all other articles, papers or record sent from the Court to any other Court, office or department shall be entered in it.
### 384. Register of regular appeals.
- -The register shall be maintained in two parts, to be styled as Tart A-Appeals from title and other suits', and Tart B-Appeals from suit for money and movables'. In Part A shall be registered all appeals from decrees in suit which are registered in Part A of the Register of Civil Suits, referred to in Rule 371 above, and in Part B, all appeals from decrees in suits for money and movables. Column (12) is not intended to show the amount of the claim in appeal. It should show the amount of the decree appealed from. If a suit is dismissed, the decree has no value and this column should be left blank. Costs awarded by the lower Court should be noted in column (11) and not in column (12).
### 385. Register of miscellaneous appeals.
- The following appeals shall be treated as miscellaneous appeals and registered as such :-
(i) Appeals from orders under Section 104, read with Rule 1, Order XLD3.
(ii) Appeals from orders in miscellaneous judicial cases not amounting to a decree.
(iii) Appeals under Section 476B of the Code of Criminal Procedure from the order of a Civil Court.
(iv) Appeals under Section 25 of the Administration of Evacuee Property Act, 1950 (XXXI of 1950).
(v) Appeals under the Drugs Act, 1940 or rules made thereunder against suspension or cancellation of licence.
(vi) Appeals under sub-section (4) of Section 32 of the Dentists Act, 1948 (XVI of 1948).
(vii) Appeals under Section 11 (1)(b) of the Indian Trade Unions Act, 1926 (XVI of 1926).
(viii) Appeals under Section 17 of the Payment of Wages Act, 1936.
(ix) Appeals under Section 149 of the Madhya Pradesh Municipal Corporations Act, 1956.
(x) Appeals under Section 139 or Section 172 of the Madhya Pradesh Municipalities Act, 1961.
(xi) [ An appeal against an appealable order passed under any Central or Local Act.]
[Added vide High Court Notification No. 11172-III-1-5-57-Ch-XVIII, dated 5-9-1966, Published in the M.P. Gazette, dated 16-9-1966, Part IV (Ga) at page 808.]
Note. - Applications to transfer a suit under Sections 22 and 24 of the Code of Civil Procedure, applications for re-admission or rehearing of an appeal under Rules 19 and 21 of Order XLI, applications for leave to appeal as a pauper under Rule 1 of Order XLIV and applications for review of judgement under Section 114, read With Rule 1 of Order XLVII, are not appeals but are of nature of original applications, though made to an appellate Court, and should, therefore, be entered in the register of miscellaneous judicial cases and not in this register.
### 386. Supervision of clerical staff.
- Every Judge should periodically inspect the work of his subordinates ordinarily once a month. The inspection should not be of a mere routine nature but should be directed towards ensuring that the subordinates do their work efficiently and honestly. For this purpose the Judge should occasionally ask his process-writer, execution clerk and reader to bring the papers pending with him and see if any matter is being unnecessarily delayed or postponed. When leaving the Court, the Judge should generally ascertain whether there is any, and if so what, work to be done. Delays, defects or errors noticed should be recorded in a brief note of inspection. The Judge should not content himself merely with pointing out errors but should instruct the subordinate concerned how to remedy them.
Chapter XIX
Periodical returns and statements
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### 387. District Judges shall submit the following returns and statements to the High Court on the dates mentioned below :
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Nature of return and statement
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No. of Form with the No. of the Schedule on which
it is borne
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Date of despatch
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A.-Monthly Returns
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+
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Monthly Return of Original Civil
Work
Monthly Return of Appellate Civil Work
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II-101
II-102
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15th of the month following that to which it
relates
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B.-Half-Yearly Returns
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+
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Half-yearly Return of long-pending cases
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II-103
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20th July,20th January.
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C.-Annual Statements
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+
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I. Tribunal StatementII. Description StatementIII.
Value StatementIV. Trial Statements Parts 1 and 2V.
Appeals Statements, Parts 1 and 2VI. Execution StatementVII.
Statement of proceedings in Insolvency, Parts 1 and 2.VIII.
Statement of pending suits according to the year of institution.
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II-121II-122II-123II-124II-125II-126II-127
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15th February.
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Tahsilwar Statement of suits instituted
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II-128
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1st February.
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Note. - No monthly return shall be submitted for the month of May, but the return for June shall include the figures for May.
### 388. The monthly return of original and appellate civil work shall be accompanied by a short explanatory note drawing attention to any matter of interest in the return such as the consistently low out-turn of any Judge with any reasons therefor or the effectiveness of action taken to remedy faults disclosed in previous returns. The note should not be of a routine nature but should be designed to help the High Court in appreciating the trend of figures and its justification. An adequate scrutiny of monthly statistics by the District Judge is essential both to his understanding of the needs of his district and to his appreciation of his subordinate Courts. An explanatory note which indicates that this scrutiny has been performed conscientiously will not only avoid the necessity of the High Court having to ask for explanations of variations but will also avoid the risk of Judges of subordinate Courts being misjudged.
### 389. (1) The following lists of cases which have been disposed of shall be forwarded to the record-room with the records to which they relate on the 5th of each month :-
(i) List of Suits-Form No. 11-89.
(ii) List of Miscellaneous Judicial Cases-Form No. 11-90.
(iii) List of Execution Cases-Form No. 11-91.
(iv) List of Insolvency Petitions-Form No. 11-92.
(v) List of Regular Appeals-Form No. 11-93.
(vi) List of Miscellaneous Appeals-Form No. 11-94.
Note. - The District Judge may with the previous approval of the High Court relax this rule in case of particular outstation and fix the 20th of each month for forwarding these lists to the record room (See note below Rule 340).
(2) The lists shall be written up as suits, cases, petitions and appeals are disposed of. In writing up the lists reasonable space shall be left after each entry for the necessary entries to be made by the record-keeper.
(3) A separate list for suits of each class and for suits tried by summary procedure shall be prepared. Contested applications for probate or letters of administration which are suits of class II shall be entered in a list of suits of that class and not in the list or miscellaneous judicial cases.
(4) When a Judge functions as a Court of Small Causes in addition to ordinary duties, the lists of suits and miscellaneous judicial cases shall be prepared separately for (i) Small Cause Court cases, and (ii) other cases.
Note. - When the monthly lists and ledgers are put up to the Judge for signature he should see that the number of cases disposed of tally with those included in the list (see also Rule 341).
### 390. A separate list for miscellaneous judicial cases of each class shall be prepared. The list of cases of class I shall include cases in which a question of title to immovable property is decided under Section 4 of the Provincial Insolvency Act, 1920, and also those under the Musalman Wakf Act, 1923. The lists of miscellaneous judicial cases of classes II and III shall include only those miscellaneous judicial cases for which independent records are compiled. All other miscellaneous judicial cases shall be tabulated with the record to which they belong.
### 391. The list of insolvency petitions disposed of shall contain only those petitions which are prescribed by Section 7 of the Provincial Insolvency Act, 1920. An insolvency petition shall be treated as disposed of (a) when it is allowed to be withdrawn under Section 14, or (b) when it is dismissed under Section 25, or (c) when an order of adjudication is passed on it under Section 27 (1) of the Act. These petitions shall be excluded from the list of miscellaneous judicial cases disposed of. Subsequent proceedings (if any) shall, in each case, be regarded as in continuation of the connected petition and shall eventually be filed in the record-room with it.
### 392. Cases and papers not included in any of the lists mentioned in Rule 389 above shall be forwarded to the record-keeper with a list in the prescribed Form (No. 11-95), on the 5th, or if the District Judge so directs in case of particular out-stations, on the 20th of each month. Execution proceedings disposed of in the exercise of Small Cause Court jurisdiction shall be listed separately in Form No. 11-91.
Note. - The record-room number and the year allotted to the record of each suit disposed of should be noted in the remarks column of the lists of the execution cases and miscellaneous cases and papers and also on the sheet of such cases and papers.
### 393. (1) Each Court of original jurisdiction shall maintain in the prescribed form-
(i) Description Value Ledger-Form No. 13-111.
(ii) Disposal Ledger of Suits-Form No. 11-112.
(iii) Disposal Ledger of Miscellaneous Judicial Cases other than Insolvency Petitions-Form No. 11-112.
(iv) Disposal Ledger of Execution-Form No. II-113.
(v) Ledger of pending suits according to the year of institution-Form No. II-114.
Note. - These ledgers shall be prepared separately for (i) cases tried by small cause procedure, and (ii) cases tried by ordinary procedure.
(2) Each Court of appeal shall maintain-
(i) Disposal Ledger of Regular Appeals-Form No. 11-115.
(ii) Disposal Ledger of Miscellaneous Appeals-Form No. 11-115.
(3) Each Court exercising insolvency jurisdiction shall maintain-
(i) Disposal Ledger of Insolvency Petitions.
(ii) Insolvency Estates Ledger.
### 394. The description value ledger shall be written up as cases instituted are registered and all other ledgers as cases are disposed of.
Note. - At inspection the District Judge should examine whether or not the ledgers are written up-to-date and are correctly and properly prepared.
### 395. All ledgers shall be totalled monthly, but the months of May and June shall, for this purpose, be considered as one month. The ledgers shall be forwarded to the District Judge not later than the 4th of the succeeding month.
### 396. (1) Description value ledgers shall be maintained properly for-
I. Suits not exceeding Rs. 50 in value.
II. Suits exceeding Rs. 50 but not exceeding Rs. 200 in value.
III. Suits exceeding Rs. 200 but not exceeding Rs. 500 in value.
IV. Suits exceeding Rs. 500 but not exceeding Rs. 1000 in value.
V. Suits exceeding Rs. 1000 but not exceeding Rs. 5000 in value.
VI. Suits exceeding Rs. 5000 but not exceeding Rs. 10,000 in value.
VII. Suits exceeding Rs. 10,000 in value.
Note. - When entering the value of any suit fraction of a rupee shall be omitted.
(2) Only newly instituted suits shall be entered and no suit in which the plaint have been registered shall be included in this ledger. When a suit is transferred from one Court to another within the State it shall be entered only in the ledger of that Court in which it was pending at the end of the month in which it was instituted.
(3) Column (10) of the ledger shall include-
(a) suits under Section 9 of the Specific Relief Act.
(b) Suits for specific performance of contracts.
(c) Suits for cancellation or rectification of instruments or for cancellation of decrees or entries in the record of rights.
(d) Suits for all kinds of declaration where no consequential relief is claimed.
(e) Suits for injunction.
(f) Application to file awards and agreements to refer to arbitration.
(4) Column (16) shall include all other suits which do not fall under the headings of columns (9) to (15), e.g., suits on account, suits for partition, suits relating to religion and caste, administration suits, inter-pleader suits, suits for custody or guardianship of minors, suits for dissolution of partnership and suits for maintenance etc. A note describing clearly but briefly the nature of each suit entered in columns (7) and (16) shall be made in the remarks column.
### 397. (1) When causes of action are joined in the same suit under Order II, Rule 3, the suit shall be returned under the heading which bears the highest money value, except where the claim is for possession of land and for mesne profits, in which case the suit shall be shown in column (9).
(2) Suits in which immovable and also movable property are claimed shall be classified as suits for immovable property.
(3) Suits relating to religion in which damages are not claimed shall be entered in column (16). If damages are claimed they shall be shown as suits for money.
(4) Suits for an account, i.e., suits to enforce the rendering of an account and not for money due on an account, shall appear in column (16).
(5) Cases in which an award is filed and judgement is asked for according to the award shall not be returned in column (16). They shall be classified in the same manner as if no reference to arbitration had been made.
Note. - The correct classification shall be decided by the nature of the claim and not of the defence.
### 398. The value of suits shall be determined by the value for the purpose of jurisdiction. In the case of suits the value of which cannot be estimated a brief explanation shall be given in the remarks column.
### 399. Column 4 of the disposal ledger of suits shall include all cases revived under Order VII, Rule 21 (2) , Order VIII, Rule 12 (3), Order IX, Rules 4, 9 and 13 and Order XXIII Rule 9, Civil Procedure Code, column (5) shall include all cases which cannot be included in columns (3) and (4) e.g., cases received by transfer or on remand under Order XLI, Rule 23, or cases reviewed under Order XLVII, Rule 4. Plaints rejected or returned after registration, suits abated or withdrawn with or without leave and suits dismissed under Order VII, Rule 21 (1) and Order IX, Rule 2, shall be included in column (7). Suits adjusted or satisfied shall be included in column (11). Suits partially abandoned, adjusted or satisfied shall be shown in the column appropriate to the manner in which the remainder of the suit was disposed of. Columns (14) and (15) shall include only cases disposed of by judgement pronounced according to an arbitral award under paragraph 16 of the Second Schedule to the Civil Procedure Code. Cases in which an award becomes void or is set aside shall be classified in accordance with their ultimate method of disposal. Suits disposed of an oath shall be shown as disposed of after full trial.
### 400. Suits in which a preliminary decree is allowed by law and has been passed remain pending until the final decree has been passed except in the case of mortgage suits and suits for partition. Mortgage suits and suits for partition in which a preliminary decree is passed shall be treated as disposed of on the date of the preliminary decree.
### 401. (1) In calculating duration of cases the time during which the case had actually been pending in a particular Court only shall be calculated. The period shall be reckoned from the date on which it is received in the Court, whether by institution or by transfer and shall end when it is no longer before the Court whether as a result of disposal or of transfer to another Court. The date of presentation of the plaint shall be considered as the date of institution, unless the plaint is returned for amendment before admission, in which case the date of institution shall be the date of institution after amendment. In a case received by transfer the duration shall begin from the date on which the case is received on transfer. In the calculation, the interval during which a case is in abeyance by reason of an application for review shall be excluded, as also the interval during which an appeal in which an order of remand has been passed was pending disposal in the superior Court. Revived cases shall be treated as if newly instituted.
(2) In pauper suits the duration shall be reckoned from the date on which the application for permission to sue as pauper was granted and registered as a plaint.
### 402. In the disposal ledger of miscellaneous judicial cases information regarding the number of cases of contempt of Court under Chapter XXXV of the Code of Criminal Procedure, disposed of by Civil Court shall be given in the remarks column.
### 403. (1) In disposal ledgers of regular and miscellaneous appeals the numbers of appeals (a) re-admitted; and (b) admitted in forma pauperis should be noted in the remarks column.
(2) Appeals disposed of on compromise should be returned in column (6) and the note "compromised" should be against them in the column of remarks.
### 404. (1) In the disposal ledger of execution fraction of a rupee shall be omitted from column (9).
(2) A payment made by the judgement-debtor to the officer of the Court armed with a process against him should be treated as payment into the Court whether the decree-holder is present or absent at the payment shown in one of the columns (10) to (21) of the ledger. A payment reported to be made to the decree holder, or made in the presence of the Judge but not recorded as certified should not be included in this ledger.
(3) All payments out of Court which have been recorded as certified under Order XXI, Rule 2, during the pendency of an application for execution and whether a notice or other process has or has not been actually served or carried out should be shown in column (21).
(4) On disposal of the connected application for execution in either of the above cases the payment should be represented by an entry in column (6) or (7) of the ledger in addition to that shown in one of the columns (10) to (21).
Note. - For use of the terms "satisfaction obtained in full", "satisfaction obtained in part" and "wholly infructuous", see Appendix III.
### 405. Insolvency petitions presented under Section 7, Provincial Insolvency Act, 1920, shall not be shown in the disposal ledger of miscellaneous judicial cases but in the disposal ledger of insolvency petitions, the form of which is identical with that of Statement VII, Part 1. The particulars required shall be obtained from the register of insolvency petitions. For statistical purposes petitions shall be treated as disposed of when they are ripe for inclusion in the list of insolvency petitions disposed of as prescribed in Rule 391 foregoing.
### 406. (1) The particulars required for the insolvent estates ledger, the form of which is identical with that of Statement VII, Part 2, shall be obtained from the register of insolvent estates.
(2) Fraction of a rupee shall be omitted.
(3) Column (7) shall include the total amount of all debts included in the Schedule framed under Section 33 (1) of the Provincial Insolvency Act, 1920, with any interest allowed thereon.
(4) Column (8) shall show only the total amount of claims which, having once been admitted and therefore included in the figure in column (7), are disallowed by Section 50 of the Act.
(5) Column (9) shall show the total amount of creditors' claims satisfied during the year, whether they were admitted during or prior to the year to which the ledger relates.
Note. - Claims satisfied signify dividend declared and include sums allowed under Sections 48 (2) and 61 (6) of the Act.
(6) When an estate is finally wound up, although all claims are not fully satisfied, the unsatisfied amount shall be excluded from the amount in column (12) and shown in column (11).
(7) Sums placed in Civil Court Deposits for payment to creditors who have not turned up to receive their shares of the dividend or because the amount of the dividend could not be transmitted by post for want of a request to that effect by the creditor shall be excluded from columns (15) and (16) the amount so excluded being shown in a foot-note to column (16).
(8) An estate shall not be shown in Part 2 until some assets actually reach the receiver, or the Court, as the case may be, and shall cease to be shown as soon as a final dividend has been declared and distributed under Section 64 of the Act, whether an order discharging the insolvent has been passed; in cases where legitimate expenses swallow up the assets, the estate shall cease to be shown in Part 2. When actual payment is made or the amount is placed in Civil Court Deposits, the proceedings in insolvency should be disposed of.
### 407. With the monthly ledgers required by Rule 393 foregoing, each Judge exercising original jurisdiction shall submit to the District Judge a statement for his Court in the form of a monthly return of original civil work, and each Judge exercising appellate jurisdiction a statement in the form of a monthly return of appellate civil work. In preparing these statements the following instructions shall be followed :-
(a) Suits and appeals re-admitted or received by transfer shall be counted as "Received during the month", as well as those newly instituted. The number of suits and appeals, executions, applications and miscellaneous cases received by transfer shall be noted in the remarks column against the Court concerned. Insolvency petitions shall be included among miscellaneous judicial cases.
(b) All suits, applications and appeals struck off the file for any reason shall be treated as disposed of. Column (6) of the monthly return of original civil work shall include all suits which are shown in columns (6) to (11) of the disposal ledger of civil suits and column (7) those which are shown in columns (12) to (15) of the same ledger. The number of execution applications, miscellaneous judicial cases and miscellaneous appeals disposed of by transfer shall be noted in the remarks column against the Court concerned. The number of days spent in civil and criminal work shall be shown in the column of remarks.
(c) Where one Judge tries by ordinary procedure as well as by Small Cause Court procedure separate entries shall be made in the monthly return of original civil work.
### 408. (1) For purposes of the tahsilwar statement suits should be divided into the following classes, separate figures being given for each class of sub-class :-
I. Suits instituted in ordinary Courts-
(a) Cognizable by Small Cause Courts.
(b) Others.
II. Suits instituted in Small Cause Courts.
Note. - A Court invested with the jurisdiction of a Court of Small Cause shall be regarded as a Small Cause Court.
(2) A suit shall be taken into account once only, namely when first registered in any Court, re-institutions and transfers being ignored. When a plaint is returned for presentation to the proper Court the endorsement should distinctly state whether it has or has not been registered by the Court returning it.
### 409. Each Judge shall submit to the District Judge not later than the 10th July and the 10th January a statement in the form of the half-yearly return of long pending clases.
Note. - For purposes of the monthly and half-yearly return all cases shall be considered to be pending from the date of institution.
### 410. In the monthly return of civil work is consolidated total of the entries for the corresponding period of the previous year shall be entered by the District Judge's statistical-writer.
### 411. (1) In preparing Statement Nos. II to VIII the District Judges shall follow the instructions regarding the preparations of ledgers contained in Rules 393 to 506 foregoing.
(2) In Statement Nos. II, IV, VI and VII separate totals shall be entered for cases instituted in the (a) Court of District Judge; (b) Courts of Civil Judges, Class I, (c) Court of Civil Judges, Class II, and (d) Courts of Small Causes established under the Provincial Small Cause Courts Act, 1887, and other Courts trying cases by Small Cause Court procedure.
(3) Statement No. Ill (Value Statement) shall contain only the total for all Courts in the district.
(4) In Statement No. IV, Part I (Trial Statement) the total of column (4) shall agree with the total of column (18) of the Statement No. II (Description Statement).
(5) Statement No. IV, Part 2 (Statement of Miscellaneous Judicial Cases), shall not include statistics of insolvency petitions.
### 412. (1) In Statement No. V (Appeal Statement) where appeals are heard by more Judges than one the work of each shall be shown in a separate section, and the work done by all the Judges collectively shall be shown in separate line of entries.
(2) There shall be a single line of entries for each Court from whose decisions appeals are preferred; the work of individual officers shall not be shown separately.
(3) Appeals disposed of on compromise shall be returned in column (7), the number of such appeals being given in the remarks column.
### 413. In preparing the tahsilwar statement the statistical-writer shall compile the figures submitted by Courts, and enter the totals by tahsils for the whole district in the appropriate columns of the statement. At the end of the calendar year the columns shall be totalled by tahsil and entered in a second statement and a copy of the latter statement shall be sent to the High Court.
### 414. (1) The annual statement shall be accompanied by a note, dealing with all points in the statistics and administration of the district which appear to require the comment or elucidation. The note should be as concise as possible and, subject to an adequate survey of the ground to be covered should not exceed 1,5000 words.
(2) The note should be properly paragraphed and indexed. Each paragraph or series of paragraphs dealing with a single topic should be given a subject-heading. The index should show the subject dealt with in each paragraph and the page or pages on which the paragraph is to be found. The note should be submitted in duplicate, one copy being on thick paper both sides of which may be used and the other on thin paper only one side of which should be used. A margin of one-third of each sheet should be left blank.
Note. - In order to expedite the compilation of State return the annual statements Nos. II to VD3 shall be prepared in duplicate, and after the figures have been checked the office copy shall be sent to the High Court before the drafting of the note which accompanies the annual statement is begun. If it be found subsequently that any figures are incorrect, necessary correction shall be intimated to the Registrar.
### 415. In the arrangement of subjects the note should generally follow the State report of the previous year. It may be divided into four parts : A-Tribunal B-Original Jurisdiction, C-Appellate Jurisdiction, and D-Miscellaneous. The nature of the subject that should be dealt with in each part is indicated below :-
A. Tribunals
The number of Courts of each class open at the close of the year should be noted together with any fluctuations during the year.
B. Original Jurisdiction
Under this heading the number, value and description of suit should be commented on and any abnormal increase or decrease as compared with the figures of previous years should, as far as possible, be explained. The proportions in which the work has fallen to the share of each class of Courts, the average duration of cases and the state of pending file should be dealt with. It should also be stated whether there is a sufficient number of Courts to cope with the work. With regard to executions, the extent to which applications for execution have been fruitful should be discussed. Insolvency jurisdiction, the working of the Guardian and Wards Act, the Usurious Loans Act, the Central Provinces Money-lenders Act and the Central Provinces Reduction of Interest Act, resort to arbitration, the extent to which payment by instalment is decreed or allowed in execution and other similar topics of interest should also be dealt with in this part.
C. Appellate Jurisdiction
The working of Order XLI, Rule 11, state of the pending files and the average duration of appeals should be scrutinized and the statistics explained.
D. Miscellaneous
The strength and quality of the local Bar, the working of the Nazarat, the copying branch and the record-room, the condition of the Court buildings, furniture and library, inspection made during the year, are among the subjects which should be dealt with in this part. The working of any new Act or any amendment of an existing Act or of any rules made or amended in recent years should be commented on.
### 416. In order to obtain reliable data on which to base their explanation, District Judges should call upon selected Civil Courts to furnish a note embodying the result of their own experience in regard to the various matters which have to be dealt with in the district notes.
### 417. District Judges shall send, in the prescribed form (No. 11-105) direct to the Superintendent of Stamps, Madhya Pradesh, an annual return of probate, letters of administration and certificates granted.
Part IV – Fees and Costs Including the Rules and Orders Under the Court-Fees Act
----------------------------------------------------------------------------------
Rules under the Court-fees Act relating to Fees chargeable for serving and executing Processes, remissions, cancellation of Stamps, etc.
[Notification No. 4722, dated 24-6-1964.]
[Published in M.P. Rajpatra, Part IV (Ga) , dated 10-7-1964 at pages 249-267.]
- In exercise of the powers conferred by Article 227 of the Constitution of India read with Section 23 of the Madhya Pradesh Civil Courts Act, 1958, and all other powers enabling, and in supersession of the existing rules, in force in Civil Courts in any part of Madhya Pradesh on the concerned subject, the following rules relating to Witness Expenses and Nazarats have, with the previous approval of the Governor, been made by the High Court of Madhya Pradesh, Jabalpur and are published for general information.
(1) Process-fees
### 418. (1) This and the succeeding three rules have been made by the High Court under Section 20, Court Fees Act, 1870. The fees shown in the following schedule shall be charged for serving and executing the different processes-
of Process-fees
-----------------
Article 1
In suits triable by a Court of Small Causes and in all other suits and proceedings, including execution proceedings, if any Court, including a Revenue Court.
| | |
| --- | --- |
|
Name of Process
|
Amount leviable
|
|
|
Not exceeding Rs. 500 in value
|
Exceeding Rs. 500 but not exceeding Rs. 1000 in
value.
|
|
(1) |
(2) |
(3) |
|
(a) For Personal or substituted service, in respect of each
person.
|
Rs. np.1.00
|
Rs. np.1.25
|
|
(b) For service of warrant of arrest, in respect of each
person.
|
2.00
|
2.50
|
|
(c) For attachment of movable property, in respect of each
process.
|
2.00
|
2.50
|
|
(d) For attachment of immovable property under Order XXI, Rule
54, Civil Procedure Code.
|
3.00
|
3.00
|
|
(e) For a proclamation of sale
under Order XXI, Rule 66-
(i) when the property to be sold is movable property,(ii)
when the property to be sold is immovable property.
|
2.003.00
|
2.503.50
|
|
(f) For a warrant for delivery of immovable property.
|
2.50
|
3.00
|
|
(g) For any process not specifically provided for.
|
1.00
|
1.25
|
Article 2
In suits and in all proceedings, including execution proceedings, of any Court.
| | |
| --- | --- |
|
Name of Process
|
Amount leviable
|
|
Exceeding Rs. 1000 in exceeding Rs. 5000 in
value.
|
Exceeding Rs. 5000 but not exceeding Rs. 10000 in
value
|
Exceeding Rs. 10000 in value
|
|
(1) |
(2) |
(3) |
(4) |
|
(a) For personal or substituted service, in respect of each
person.
|
Rs. nP1.50
|
Rs. nP2.00
|
Rs. nP2.50
|
|
(b) For service of warrant of arrest, in respect of each
person.
|
3.00
|
3.50
|
4.00
|
|
(c) For attachment of movable property, in respect of each
process.
|
3.00
|
3.50
|
4.00
|
|
(d) For attachment of immovable property under Order XXI, Rule
54, Civil Procedure Code.
|
4.00
|
4.50
|
5.00
|
|
(e) For a proclamation of sale
under Order XXI, Rule 66-
(i) when the property to be sold is movable property.(ii)
When the property to be sold is immovable property.
|
3.004.00
|
3.504.50
|
4.005.00
|
|
(f) For a warrant for delivery of immovable property.
|
4.00
|
5.00
|
5.50
|
|
(g) For any process not specifically provided for.
|
1.50
|
2.00
|
2.50
|
Note 1. - When personal or substituted service on several persons residing in the same village or in the same ward of a municipality or cantonment is required, and the processes are applied for at the same time, for each person after the first-75 np, irrespective of the value of the suit or proceeding.
Note 2. - Where the property to be attached lies in different villages or different wards of a municipality or cantonment, separate processes shall be issued and charged for in respect of each village or ward.
(2) The process-fee in contested applications for probate and letters of administration and applications for the revocation of probate and letters of administration which are registered as suits, shall be according to the value of the property in dispute.
(3) Process-fees in case not otherwise provided for shall be according to the scale prescribed for suits not exceeding Rs. 500 in value.
(4) The process-fee in appeals and revisions shall be the same as in the original cases, including concessional fee for service on several persons; except that in appeals and revisions before the High Court the minimum rate of fee shall be Rs. 2 for each process.
### 419. Any party desiring the services of a process-server for the service of a process otherwise than in the manner and at the time of such process, would normally be issued, or requiring such service for a time beyond the period which would ordinarily suffice for service and execution shall, unless the Court by order in writing otherwise directs, pay an additional fee of one rupee per diem for the time that the services are so required. In calculating this fee one day should be allowed for service of the process and one day for each twelve miles of the journey going to and returning from the place of service, unless the person requiring the services satisfies the Nazir or official concerned that he will pay the conveyance charges of the server, in which case only one day shall be allowed for the journey to and one day for the journey from the place of service.
### 420. Notwithstanding Rule 418 foregoing no fee shall be charged for serving or executing,
(a) any process which may be issued by any Court of its own motion, solely for the purpose of taking cognizance of and punishing any act done or words spoken in contempt of its authority,
(b) any process issued a second time in consequence of a mistake for which the Court of any of its officers is responsible, or in consequence of an adjournment made otherwise than at the instance of a party,
(c) any copy of a summons, notice, order, proclamation or other process affixed in a court-house or in any other Government office,
(d) any copy of warrant, order or certificate affixed under Order XXI, Rule 36, 54 or 96 when the fees chargeable under Article 1 (d) or (f) of Rule 418 (1) foregoing have been paid;
(e) any notice issued by a Court under Order XXI, Rule 2, in relation to an award made in the course of conciliation proceedings held with the sanction of the State Government;
(f) any process issued at the instance of the Collector by the Civil Court in proceedings under Section 25 of the Central Provinces Land Alienation Act, II of 1916.
### 421. In respect of sales, a fee by way of poundage shall be charged upon the full amount of purchase money as follows :-
(i) Where the sale relates to an interest in land used for agricultural purposes or of houses or other immovable property connected with such land or interest and used for agricultural purposes-
On the first Rs. 1,000/- at 5 per cent.
On the next Rs. 4,000/- at 3-1/2 per cent.
On the rest, at 2 per cent.
(ii) Where the sale relates to other property-
(a) If the property be a negotiable instrument or a share in any public company or corporation, on the nominal value-1 percent on die first Rs. 1,000 and ½ percent on the rest.
(b) In the case of other property-5 percent on the sale proceeds: Provided that no poundage fee shall be charged-
(i) in respect of sales by a Receiver in insolvency matters, and
(ii) in respect of property sold in execution of a decree by a liquidator appointed under Section 70 (1) of the Madhya Pradesh Co-operative Societies Act, 1960, when the property in purchased by the Co-operative Central Bank holding the decree.
### 422. The mode of payment of process-fees under Rules 418 and 419 is laid down in Rule 46 foregoing. No process for issue of which payment of a fee is required, shall be drawn up for service or execution unit the fee has been paid. A notice in English and the Court language of the district shall be exhibited in a prominent place in every Court stating that all process-fees are to be paid in Court-fee stamps and not in cash.
### 423. On receipt of an application or memorandum referred to in Rule 46, the process-writer shall see that the proper fee has been paid and shall punch the stamps before drawing up the process and sending it with the application or memorandum to the Nazir for execution. The Nazir shall again see that the requisite stamps have been affixed and punched, and shall himself punch them with a distinctive punch. After issuing the process he shall return the application or memorandum to the Court for being filed with the record.
### 424. When a Court sends a process for service or execution to any Court in India, the fees shall be levied in stamps in accordance with the rates prescribed in Rule 418 and the Court shall certify on the face of the process or in the order for transmission of the process that the fee has been levied.
### 425. A process issued by any Court in India shall be served and executed free of charge by any Court to which it may be sent, if it be certified on the process that the proper fee has been levied.
### 426. (1) The fee payable by way of poundage on the full amount of the purchase money shall be paid by stamps, which shall be affixed to the first application, or memorandum referred to in Note 1 below Rule 466 (5), for payment of such purchase money out of Court, whether it be or be not filed by the person who obtained the order of sale, and whether it extends or does not extend to the whole of the purchase-money. If an application be filed, it must, in addition to the requisite stamps for the poundage fee, bear such stamps, if any, as are needed for its own validity.
(2) The party paying the poundage fee shall recover the amount of it out of the purchase money prior to the distribution of the purchase money among the persons who are entitled to it.
### 427. When an application or memorandum for payment of purchase money is filed, the Reader or Execution Clerk, after obtaining from the Nazir a report that the sum is in Civil Court deposit, shall see that the poundage fee has been correctly paid by stamps affixed to the application or memorandum and that an application, if filed, bears the stamps requisite for its own validity, and shall thereupon punch the stamps. The fee shall be entered in the Register of processes and Process-fee, by the process-writer who shall then endorse on the application or memorandum a report stating that this entry has been made and giving the number of the connected warrant of sale. If the Court orders payment, the Reader or the Execution Clerk shall prepare the necessary voucher and note on the reverse of the inner foil thereof the date on which the payment of the poundage fee was entered in the Register of Processes and Process-fees. [Also see Rule 466 (5) .]
### 428. All process-fees and fees paid by the way of poundage shall, in all proceedings, be deemed and treated as part of the necessary and proper costs of the party who pays them.
### 429. The judge of each Court shall see that the rules regarding process-fees are observed and though he may not be able to examine all records, he shall make it a rule to examine some of them from time to time with a view to see that the proper process-fee stamps have been affixed and that they have been properly cancelled.
### 430. The postage charges on all process required to be transmitted by post, together with the registration fee, if the postal packet is required to be registered, should be paid by the Court by means of service postage stamps without any additional charge being levied for the same from the parties at whose instance the process is issued.
[Explanation.]
[Added by Notification No. 2492-3-1-5-57-CH-20, dated 23-5-1995.]
- Summons which are regarding to be issued under Order 5 Rule 19-A of the Code of Civil Procedure 1908 the charges for the registered post acknowledgement shall be borne by the party concerned.
### 2. Reductions and Remissions of Court-Fee by State Government Under Section 5 of the Court Fees Act ###
431.
The State Government has made the following reductions and remissions in the fees chargeable under the First and Second Schedules of the Court Fees Act, 1870 namely :-
(1) ......
(2) The fees chargeable on applications presented to a Collector for refund of the amount paid to the State Government for stamped paper which has becomes spoiled or unfit for use, or is no longer required for the use and on applications for renewal of stamped paper which has become spoiled or unfit for use.
(3) When a plaint disclosing a reasonable case on the merits if presented to any Civil Court in such a form that the presiding Judge without summoning the defendant, rejects it not for any substantial defect but on account of an entirely technical error in form only, and so as to leave the plaintiff free to prosecute precisely the same case in another form against the same defendant or defendants, the value of stamp on the plaint shall be refunded on presentation of an application to the Collector together with a certificate from the Judge who rejected the plaint that it was rejected under the circumstances above described, and that the value of the stamp should, in his opinion, be refunded.
(4) to (6).........
(7) The fees chargeable under Articles 6, 7 and 9 of the First Schedule on copies furnished by Civil Court for the private use of persons applying for them :
Provided that nothing in this clause shall apply to copies when filed, exhibited or recorded in any Court of Justice or received by any public officer.
(8) The fees chargeable, under paragraph 4 of clause (a) and paragraph 6 of clause (b) of Article 1 of the Second Schedule on application for orders for the payment of deposits in cases in which the deposit does not exceed Rs. 23 in amount :
Provided that the application is made within three months of the date on which the deposit first become payable to the party making the application.
(9) to (13)....................
(14) The fee chargeable on an application presented by any person for the return of a document filed by him in any Court or public office.
(15) ..........................
(16) The fee chargeable on an application for the repayment of a fine or of any portion of a fine the refund of which have been ordered by competent authority.
(17) The fees chargeable on applications for copies of documents detailed in item 14 supra.
(18) to (21).........................
(22) The fees on the property of (1) any person subject to the [Navy Act, 1957 (62 of 1957), the Army Act, 1950, or the Air Force Act, 1950] who is killed while on active service or on service which is of a warlike nature or involves the same risk as active service or dies from wounds inflicted, accidents occurring or disease contracted while on such service and (2) any person being a Government servant, Civil or Military, who dies from wounds or injuries intentionally inflicted while in actual performance of his official duties or in consequence of those duties :-
(a) where the amount or value of property in respect of which the grant of probate or letters of administration is made or which is specified in the certificate under Part X of the Indian Succession Act, 1925, does not exceed Rs. 50,000 to remit the whole of the fees leviable in respect of that property.
(b) where the said amount or value exceeds Rs. 50,000 to remit the whole of the said fees in respect of the first Rs. 50,000.
(c) where any property passes more than once in consequence of such deaths, to remit in the case of second and subsequent successions, the whole of the said fees irrespective of the value or amount of such property :
(23) to (25)...................
(26) The fees chargeable on applications presented to Courts with reference to Rule 2, Order XXI, First Schedule, Code of Civil Procedure, 1908 (V of 1908), in relation to awards made in the course of conciliation proceedings held with the sanction of the State Government.
(27) to (31).....................
(32) The fees chargeable under Article 6 of the Second Schedule to the Court-fees Act, 1870 (VII of 1870), in respect of security bonds hypothecating property executed in pursuance of orders of the Courts under of Code of Civil Procedure, 1908 (V of 1908).
(33) to (35).............
(36) The fees chargeable under Article 9 of the First Schedule to the Court fees Act, 1870, on copies of documents referred to therein filed with any petition or appeal or revision made by any Government servant in the manner mentioned in item 30 above.
(37) The fees chargeable in respect of Indian probates, letters of administration or succession certificates on the share or interest of a deceased member of a company formed under the Companies Act, 1956 (1 of 1956), whose name was registered in a branch register kept in any State or country outside India in accordance with the provisions of Sections 157 and 158 of the Act and who was, at the time of his death, domiciled elsewhere than in India.
(38) to (40).....................
(41) The difference between the court-fees chargeable in accordance with Section 8 of the Government Savings Banks Act, 1873, on the probate of letters of administration, or certificate, if any, granted under the Indian Succession Act, 1925, and the court-fees as would be chargeable, if for the words 'three thousand rupees' the words 'five thousand rupees' had been substituted in that section.
(42) to (44).............
(45) Applications for the grant of letters of administration in respect of estates of persons killed by enemy action-
### 1. The fees chargeable on appeals from orders under Section 47 or Section 144 of the Code of Civil Procedure, 1908 (V of 1908), shall be limited to the amounts chargeable under Article 11 of the Second Schedule. ###
2. When a part of a estate paying annual revenue to the State Government under a settlement which is not permanent is recorded in the Collector's register as separately assessed with such revenue, the value of the subject-matter of a suit for the possession of, or to enforce a right of preemption in respect of a fractional share of that part shall, for the purposes of the computation of the amount of the fee chargeable in the suit, be deemed not to exceed seven and half times such portion of the revenue separately assessed on that part as may be rateably payable in respect of the share.
### 3. Use Of Adhesive And Impressed Stamps ###
432.
The following instructions on the use of adhesive and impressed stamps issued under the Judicial Department Notification No. 1823-1428-XIX, dated the 10th October, 1941, are reproduced for the information and guidance of the Judges
(1) When, in the case of fee amounting to less than Rs. 25 the amount can be denoted by a single adhesive stamp, such fee shall be denoted by the single adhesive stamp of the required value, if the amount cannot be denoted by a single adhesive stamp or if a single adhesive stamp of the required value is not available, a stamps of next lower value available shall be used, and the deficiency shall be made up by the use of one or more additional adhesive stamps to make up the required amount of the fee. These additional stamps should also conform to the principle that a stamp of next lower value shall be used in preference to stamps of smaller value.
(2) In the case of fee amounting to or exceeding Rs. 25 the fee shall, if possible, be denoted by a single impressed stamp of the required value. If the amount cannot be so denoted or if a single impressed stamp of the required value is not available, an impressed stamp of the next lower value available shall be used, and the deficiency shall be made up by the use of one or more additional impressed and adhesive stamps to make up the required amount of the fee. These additional stamps should also conform to the principle that a stamp of next lower value shall be used in preference to stamps of smaller value.
(3) If a stamp of a particular value which should be used under Rules (1) and (2), is not available at the nearest treasury or sub-treasury or from the nearest vendor authorised to sell stamps of that value, the required value may be made up by the use of two or more stamps available at such treasury or sub-treasury or from such vendor, a stamp of the next lower value available being used in preference to stamps of smaller value. In every such case, a certificate stating the value and number of the stamps required but not available shall be given by the treasury officer or sub-treasury officer or vendor, as the case may be.
(4) Whenever a treasury officer or sub-treasury officer finds that the stock of stamps of a particular value is surplus, he may issue such stamps in preference to stamps of a higher value in order to adjust the surplus stock. Stamps issued under this rule shall be used as laid down in Rule (3). In every such case the treasury officer, sub-treasury officer or vendor, as the case may be, shall give a certificate stating the value and number of the stamps required but not issued in order to adjust the surplus stock.
(5) Any adhesive stamps used with impressed stamps shall be affixed to the impressed stamp of the highest value employed in denoting the fee.
(6) When a Judge holds that a document is insufficiently stamped and, under the provisions of Section 149 of the Code of Civil Procedure, 1908, allows the deficiency to be paid, such additional impressed stamps or adhesive stamps or both as are necessary under the above rules to represent the amount of the deficiency shall be filed. On each impressed stamp so filed a reference to the insufficiently stamped document shall be endorsed.
### 433. The following further instructions on the use of stamps are reproduced from page 187, Central Provinces Stamp Manual, for information and guidance-
(1) With a view to facilitate the examination, under Section 6 of the Court-fees Act, of stamp fees paid on any document, any adhesive label or labels used in addition to an impressed stamp in order to make up the required value, should be affixed to the right hand upper comer of the first page of the document, immediately below the engraved portion of the stamp paper.
(2) When two or more impressed stamps are use to make up the amount of the fee chargeable under the Court-fees Act, a portion of the subject-matter shall ordinarily be written on each stamped sheet. Where this is impracticable or seriously inconvenient, the document shall be written on one or more sheets bearing impressed stamps of the highest value, and the remaining stamps shall be punched and cancelled by the Court and filed with the record, a certificate being recorded by the Court on the face of the first sheet of the document to the effect that the full court-fee has been paid in stamps. The writing on each stamped sheet shall be attested by the signature of the person or persons executing the document.
(3) Documents should be written on that side of the paper only which bears the stamp. When one or more impressed stamps used to denote a fee are found insufficient to admit of the entire document being written on the side of the paper which bears the stamps, so much plain paper may be joined thereto as may be necessary for the complete writing of the document and the writing on the impressed stamps and on the plain paper should be attested by the signature of the person or persons executing or signing the document.
Note. - Officers should not refuse to receive documents which have not been prepared or stamped in the manner directed by the above rules. But they should impress upon parties and pleaders the necessity of observing the said rules if they wish to protect their own interests and avoid delay.
### 434. The Court-fee payable on probate of a will, letters of administration, or on a certificate under the Indian Succession Act, 1925, are not to be calculated on even hundreds of rupees. Such fees are leviable under Articles 11 and 12 of Schedule I of the Court-fees Act as amended in their application to the State of Madhya Pradesh and must by the terms of those Articles be calculated on the actual amount or value of the property concerned.
### 435. When on order remanding a suit under Order XLI, Rule 23, is set aside on second appeal, revision or review, and the appellate Court which passed it is required to decide the appeal on the merits, it shall not rehear the appeal until the court-fee refunded under Sec. 13 of the Court-fee Act has been repaid.
### 4. Cancellation of Court-Fee Stamps ###
436.
The following material instructions on the cancellation of court-fee stamps are adapted from the Central Provinces and Berar Stamp Manual-
A. Documents furnished by a public officer.
(1) Cancellation of Court-fee labels on copies, and other documents issued from public offices or Courts. - Every court-fee label attached to any copy, or other document denoting copying fees as well as court-fees, if any under Article 6, 7 or 9 of Schedule I to the Court-fees Act, 1870, issued from any Court or office, shall, before issue of such copies, or other documents, etc, be cancelled by such officer as the Court or the Head of the Office may appoint for this purpose, by-
(a) punching out a "C" hole in the centre of the left half of the label, and
(b) putting the date of issue and signature across the label, so as to extend to the paper on either side of it.
(2) Cancellation of court-fee labels used for payment of stamp duty under the Indian Stamp Act, 1899 - Every court-fee label affixed under Rule 17 (c) of the Indian Stamp Rules, 1925, on copies of maps or plans, printed copies and copies of, or extracts from, registers given on printed forms, certified to be true copies (e.g., true copies or extracts of baptismal, marriage and burial certificates, etc.), shall be cancelled by the officer issuing them by writing his name and date across the label.
B. Documents received by a public officer.
(3) Cancellation of impressed Court-fee stamps. - On the presentation in any Court or office of a document written on an impressed court-fee stamp, it shall be the duty of the officer, referred to in Rule 12 below, after satisfying himself that the stamp is genuine and that the document is fully stamped to punch out every figure-head on the impressed portion of the stamp. The cancellation of the stamp is then complete.
Note 1. - The words "presentation of the document" do not include the case of the presentation of stamp on which refund or renewal is claimed.
Note 2. - It should be carefully noted that ascertainment of the sufficiency of the stamp should precede cancellation. Cancellation indicates that the cancelling officer is satisfied that the document is stamped sufficiently and is also "properly" stamped in other respects.
(4) Cancellation of Court-fee labels. - On the presentation in any court or office of a plaint, petition, or other document bearing a court-fee label or labels it shall be the duty of the officer, referred to in Rule 12 below, after satisfying himself that the label or labels are genuine and have not been previously used, and that the document is fully stamped, to-
(a) punch out the figure-head of each label, leaving the amount designated untouched;
(b) cancel each label by a rectangular metal date-stamp bearing the following inscriptions :-
(i) name of the Court or office;
(ii) name of the place;
(iii) date, month and year; and
(iv) the word "cancelled".
Violet ink shall be used with this stamp.
(c) note on the right hand top corner of the document, in ink, the value of the label or labels, which it bears, and initial such note.
C. Checks on the observance of the rules in regard to cancellation.
(5) Cancellation by record-keeper. - It shall be the duty of the record-keeper of the Court or office to-
(a) examine every document which comes into his custody in order to ascertain firstly whether all stamps and labels have been cancelled as required by the above rules, and secondly, whether the value of label or labels, if any, which it bears, corresponds with their values as noted in the receiving court or office, and
(b) cancel each label by a circular date stamp bearing date, month and year and the name of the Court or office concerned.
Black ink shall be used with this stamp.
(6) It shall be the duty of the record keeper of the Court or office to report to the officer to whom he may be immediately subordinate, every case in which he finds-
(1) that the stamp has not been cancelled in the manner prescribed above, or
(2) that the value of the label or labels on any document does not correspond with their values as noted in the receiving court or office.
(7) It shall be the duty of the officer receiving a report under Rule 6, to submit the case for the orders of the District Judge through the officer-in-charge of the record-room or other head of the office.
(8) In every District Court it shall be the duty of the Clerk of Court once a month to satisfy himself, by inspection of the records lodged in the record-room during the previous month that the orders in Rules (1) to (5) above are being carried out.
(9) In every District Court it shall be the duty of the District Judge or the officer-in-charge of the record-room to make a general inspection of the record-room, not less than once in every six months, and satisfy himself that the orders contained in the above rules are being carried out.
(10) An inspection book shall be kept in the office of the District and Sessions Judge in the prescribed form (No. XXI-13/Stamp English) and a note will be made therein of all inspections made under Rules (8) and (9) When the inspection is made by the Clerk of Court the book shall be sent to the District Judge for information and orders.
(11) The presiding Judge of a Court, other than the District Court, where a record-room is maintained, shall arrange for a periodical inspection of the records of his Court as nearly as may be in the manner prescribed by Rules (8) and (9).
D. Miscellaneous
(12) Cancelling officer. - The duty of cancelling impressed court-fee stamps and Court-fee labels in the manner prescribed in Rules (3) and (4; shall be entrusted to the reader to the Court or to any officer appointed thereto by the head of the office, excepting that the duty shall not be assigned to any person who is charged with the sale of Court-fee stamps.
(13) Destruction of punched out pieces. - The figure-heads or pieces of stamps or labels removed by punching shall be destroyed by burning or some other effective means.
### 437. Punches for effecting the cancellation in the Nazarat prescribed in Rule 423 foregoing, in respect of process-fees, should mark the letter No.
### 438. The Officer of the Court issuing copies, certificates or other similar documents shall, before issue, cancel the labels and punch the court-fee stamps affixed to them together with the court-fee stamps to such copy by law See Articles 6, 7, 8 and 9 of Schedule I of the Court-fees Act, 1870, as amended by the Central Provinces Courts (Amendment) Act, 1935.)
### [439. Judges should make an occasional inspection of documents that have been filed in the records of pending and disposed of cases, in order to ascertain that the proper court-fee has been realized and that the stamps have been properly punched and defaced, and have not been subsequently removed from the documents on which they have been used. (Also see Appendix V.)
Chapter 21
Costs-Witnesses expenses
----------------------------------------
### 440. (1) For the purpose of travelling and other expenses, witnesses shall be divided into the following classes
'A' Class-Labour (Skilled and unskilled).
'B' Class-Artisans, cultivators, shop-keepers, and other similar persons.
'C' Class-Persons of superior ranks.
(2) The diet-money payable to members of each class per day shall not ordinarily exceed the rate given below :-
'A' Class-1.25 P.
'B' Class-2,00 P.
'C' Class-5,00 P.
(3) In special cases if the rates above prescribed appear to be insufficient, the Court may require such sums as appear reasonable to be paid. The discretion thus allowed shall be used sparingly, and such special sums shall not be paid except in cases where they are clearly necessary, the reasons for making them being recorded by the Court in the order-sheet.
(4) Diet-money shall be given not only for the period of actual attendance, but also for any reasonable time spent in the journey to and from the Court, the mode of conveyance available being taken into consideration.
(5) In addition to the diet-money admissible under the preceding rules if a witness resides at a distance from the Court, and if the journey cannot be performed on foot, or if the age and habit of life of the witness render U impossible or unsuitable for him to walk to the Court, a sum shall be paid to him to meet his travelling expenses at the rates given below
(a) Where the journey is wholly or partly by road the actual charge for reasonable conveyance for the road journey to and from the Court upto a maximum of 16 P. per Kilometer.
(b) Where the journey is wholly or partly by rail, railway fare each way for the railway journey according to the following Table :-
'A' Class-Third Class fare.
'B' Class-Third Class fare.
'C' Class-Such railway fare as may appear fair and reasonable to the Court according to the class in which the witness normally travels or is expected to travel.
(6) When it is found necessary to order a witness to appear a second time, the Court shall decide on a consideration of the circumstances of each case whether the witness can reasonably be expected to remain at the place where the Court is located or whether he should go back to his home and return for the next hearing. In the former case he should receive diet money for each intervening day until the adjourned hearing and in the latter travelling expenses and diet money for the journey to and from his home on the same scale as for the first hearing.
(7) If a party wishes to summon a Finger Print Expert of the Criminal Investigation Department or a Government Examiner of Questioned Documents of the State Government he shall deposit a special fee of Rs. 15 in addition to the diet money admissible under sub-rule (2) or (3), as the case may be, and an allowance for travelling expenses equal to the travelling allowance other than daily allowance to which the witness would be entitled under the Fundamental Rules if the journey to and from Court were a journey on tour.
The fee of Rs. 15 deposited by the party shall be credited direct into the treasury by the Court under head "XIX-Miscellaneous Police Receipts".
[Vide Appendix IV-Part II]
Rules for summoning the Government Examiner of Questioned Documents Intelligence Bureau, Ministry of Home Affairs, "Dormers",
Simla-1, are given in Appendix IV-Part I
(8) When a party requires the services of an officer of the Security Printing Press, Nasik Road, as a witness in his public capacity, the Court concerned should ascertain from the officer or from the Security Printing Press Office his pay and travelling allowance, and should direct the person to deposit the fees necessary to cover the pay and travelling allowance.
(9) When a party wishes to summon any public officer not specifically provided for in the rules to give evidence as an expert, he shall state so in his application for summoning him as a witness and shall in addition to travelling and other expenses admissible under the rules deposit such special fee not exceeding Rs. 250 per day as the Court may fix under sub-rule (2) of Rule 2 of Order XVI, Civil Procedure Code, as remuneration for the time that would be occupied by him both in giving evidence and in performing any work of an expert character necessary for the case.
The special fee so deposited by the party shall be credited to Government under the head "XVII-Administer of Justice-Miscellaneous Fees and Fines."
### 441. When Government as a party to a case asked for a summons to one of its servants for appearance in Court as a witness it is not required to deposit in Court anything in account of diet money and travelling allowance of the witness. In no case should any money deposited by a party for calling a Government Servant as a witness accompany the summons.
Note. - Attention of the lower Courts is invited to amendments made by the High Court to Rules 2, 3 and 4 of Order XVI, Civil Procedure Code.
### 442. The money deposited by a party for defraying the travelling and other expenses of a Government servant who is summoned by the party as a witness should be credited to Government under the head "XVII-Administration of Justice-Miscellaneous Fees and Fines."
When a Court requires any money for payment of the expenses of a Government servant who has appeared as a witness it shall be paid from contingencies and charged to the head "Diet-money and Travelling Expenses of witnesses" under "21C-Administration of Justice-Civil and Sessions Court-Countersigned contingencies, diet-money and travelling expenses of witnesses". If due to the non-appearance of the witness the amount credited into the treasury remains undisbursed and is claimed by the party the refund should be made from the treasury on a voucher (Form No. 1-22) which should specify the original credit made and should be signed by the Judge.
### 443. (1) According to Supplementary Rule 112 under Fundamental Rule 44, an officer of Government who is summoned to give evidence of facts which have come to his knowledge or of matters with which he has had to deal in his public capacity in a civil case to which Government is a party is entitled to draw travelling allowance from Government. In such cases the Court should give him a certificate in Form No. 17 in Schedule No. 1-Accounts specifying the dates on which the officer attended and the amount, if any, paid to him by the Court. This certificate will be attached to the travelling allowance bill which the officer may submit through his office.
(2) The Central Government and all the State Governments except West Bengal have entered into reciprocal arrangements that a Government servant including a railway servant who is summoned to give evidence of facts which came to his knowledge in the discharge of his public duties or to produce official documents in a suit in which the Government is not a party will be paid travelling expenses etc., by the Courts at the rate admissible to the Government servants for a journey on tour. In order' to enable the Court to assess the amount admissible to him the Government servant should carry to the Court a certificate duly signed by the Controlling Officer of the Government servant showing the rate of travelling and daily allowance admissible to him for a journey on tour. If the Government servant is his own Controlling Officer, the certificate will be signed by him as such.
### 444. A Government officer summoned to give evidence in circumstances other than those mentioned in Rule 443 is not entitled under Supplementary Rule 113 under Fundamental Rule 44 by reason of his being an officer of Government to any allowances other than those admissible by the rules of the Court. Such officer will be allowed by the Court his travelling expenses in accordance with the above rules, care being taken that nothing is disbursed to him by way of subsistence allowance.
Part V – Nazarats, Copies and Copying Section
-----------------------------------------------
Chapter XXII
Nazarat
-------------------------
### 1. General ###
445.
The Nazarat establishment consists of the Nazir, Naib-Nazirs, Sale Anuns and Process-servers, the Nazir being the head of the establishment in each district.
### 446. Permanent process-servers will be appointed by the District Judge and temporary process-servers will be employed by the Nair or Naib-Nazir from the list of approved person which will be maintained by the District Judge. Every effort should be made to secure honest men. Every promotion will be conditional on acquiring satisfactory knowledge of the rules regarding the service and execution of processes. Permanent process-servers may be transferred within the district at the discretion of the District Judge subject to the process-servers being proficient in the language of the area to which he is transferred.
### 447. The number of permanent process-servers should be such as to allow their being continually employed. Vacancies among them should not be filled in as a matter of course. If on the occurrence of a vacancy is found that the volume of work to be done during the least busy session of the year and the supply of temporary men regularly available are such as to make a reduction feasible, that reduction should be promptly effected. The monthly scrutiny of the server's work prescribed by Rule 88 will be of great value in reaching a decision on modification of the staff. When a vacancy does arise in the permanent staff temporary men, who have given satisfaction, should provided they are duly qualified under Role 446, be given preference.
### 448. Every Nazir, Naib-Nazir, Amin, Process-servers and Process-writer whether permanent or officiating, shall execute a bond in the prescribed form and give the requisite scrutiny.
Note. - "Process-writer" includes all persons who perform the duties of the process-writer.
### 449. The amount of security to be given by Nazirs and Naib-Nazirs shall be fixed from time to time by the District Judge according to the circumstances of each district. A sale amin shall furnish security in the sum of Rs. 500 and a process-writer or process- server in the sum of Rs. 100.
### 450. Officials drawing Rs. 110 or more per month shall give security in cash or in National Savings Certificates, unless in the case of persons appointed to officiate in a post they are permitted by the Honourable Chief Justice and in other cases are specially permitted by the State Government to furnish personal security. Other officials shall either furnish the security in cash or in National Savings Certificates or shall execute personal security bonds with two securities for the requisite amounts.
### 451. Officials who are required or desire to give security in cash may instead of depositing the whole amount in a lump sum, deposit it by monthly deductions of 10 per cent from their pay. The amount to be deducted shall be rounded to the nearest rupee, the fraction of a rupee being ignored if less than 50 P. or rounded to the next higher figure if 50 P. or more. In such cases a personal security bond with two sureties, to remain in force until such time as the accumulation of monthly deposits reaches the required figure, shall be executed. When the deposit is complete, the bond shall be cancelled and a cash security bond substituted.
### 452. The deduction made under Rule 451 shall forthwith be deposited in the post office savings bank, a separate account being opened for each of the officials concerned. These deductions and deposits shall be accounted for in the general cash account and the classification register. The Nazir at headquarters and the Naib-Nazir in charge of the Nazarat at an out-station shall maintain a list of officials from whose pay deductions are being made under the preceding rule. Inspection Officers shall verify that the deductions are regularly made and the amount regularly credited into the savings bank and duly brought into account.
### 453. Security given in cash shall be deposited in the post office savings bank in accordance with the rules regarding security deposits issued by the Postal Department. The interest of money thus deposited shall be paid to the depositor.
Note. - If the depositor desires to utilise his security deposit in the purchase of National Savings Certificates, it shall be withdrawn by the District Judge and invested accordingly. National Savings Certificates may be accepted as security deposits for the amounts at which they were purchased, and not at their face value, provided the depositor formally transfers them with the sanction of the Post-Master General, to the District Judge.
### 454. It shall primarily be the duty of the Nazir at headquarters, and of Naib-Nazir-in-charge of the Nazarat at an out-station, to see that security as provided for in these rules is taken. Whenever an official is transferred from another station or to another post in the same station the Nazir or Naib-Nazir shall check whether the security bond furnished will remain valid for the station or the post to which the official is transferred and shall, if necessary, obtain a fresh bond.
### 455. Whenever the solvency of a surety is to be verified a statement of assets and liabilities declared to be true and complete to the best of his knowledge and belief should be obtained from the surety and verified as far as possible, before he is accepted. It should be seen that only realizable assets are taken into consideration; and land which cannot be attached or sold, should not be taken into account.
### 456. The officer-in-charge of the Nazarat or the Senior Judge at out-station shall satisfy himself at the time a bond is accepted and early in each succeeding year that each of the sureties, is, and continues to be, solvent for the whole amount mentioned in the bond.
### 457. Temporary process-servers who have not given security should not be entrusted with any considerable sum of money. The Nazir at headquarters and the Naib-Nazir-in-charge of the Nazarat at an outstation shall be responsible for any loss caused by the dishonesty of a temporary process-server who was appointed by him or on his recommendation.
### 458. (1) With the exception noted below any defalcation or loss of public money, stamps, or other property discovered in the Nazarat or any other section of office should be immediately reported to the Accountant-General and the Government in the Finance Department through the High Court even when such loss has been made good by the person responsible for it.
Exception - Petty cases, i.e., cases involving losses not exceeding Rs. 200 each need not be reported to the Accountant-General and the Government in the Finance Department, unless they are, in any case, important features, such as fraud, dishonesty, etc. which merit detailed investigation and consideration.
(2) When the matter has been fully investigated a further and complete report should be submitted of the nature and extent of the loss, showing the errors or neglect of rules by which such loss was rendered possible and the prospects of effecting a recovery. The report should also offer suggestions as to the amendment of the rules and note any suspicion of dishonesty, stating how far it may have been substantiated, and describing the action taken or proposed to be taken in regard to the official implicated. The report should be submitted through the High Court and the Accountant-General, who will forward it to the State Government with as little delay as possible. The submission of such report does not debar the District Judge from taking any other action which may be deemed necessary.
### 2. Account And Other Registers ###
459.
The following registers shall be maintained for every Nazarat by the Nazir, Naib Nazir or official performing the duties of Nazirs or Naib-Nazir and they shall be preserved for the periods specified below after they have been completely filled in :
| | | |
| --- | --- | --- |
|
Name of Register
|
Number of form and schedule on which it is borne
|
Period for which to be preserved
|
|
(1) |
(2) |
(3) |
|
1.
|
Register of property passing into or through the Nazir's hands
under orders of the Civil Court.
|
II-46
|
14
|
|
2.
|
Register of property passing into or through the Nazir's hands
otherwise than under order of the Civil Court.
|
II-47
|
6
|
|
3.
|
General Cash Account
|
II-48
|
14
|
|
4.
|
Contingent Cash Account
|
II-49
|
5
|
|
5.
|
Classification Register
|
II-50
|
6
|
|
6.
|
Register of Receipts of Returned Diet-money.
|
II-51
|
6
|
|
7.
|
Register of Repayment of Returned Diet-money.
|
II-52
|
6
|
|
8.
|
Register of Civil Court Deposit Receipts
|
II-97
|
35
|
|
9.
|
Registers of Repayment of Civil Court Deposit.
|
XXII-96
|
35
|
|
10.
|
Station Dak Book.
|
II-34
|
3
|
|
11.
|
Dak Book for Processes sent by Post.
|
XV-79
|
3
|
|
12.
|
Files of Process-server's Work-tickets.
|
II-53
|
3
|
|
13.
|
Register of checking of Process Server's work by Sale Amins.
|
II-54
|
2
|
|
14.
|
Register of work done by Process-servers.
|
II-55
|
5
|
|
15.
|
Report of work done by Sale Amins
|
II-56
|
5
|
|
16.
|
Book of Receipts for Money
|
XV-99
|
6
|
|
17.
|
Remittance List
|
II-57
|
6
|
|
18. [
[Substituted by Notification No. 9165, published in M.P. Rajpatra, Part IV (Ga) , dated 25-12-1964 at page 964.]
|
File Book of chalans of money sent to treasury.
|
XX(a) -A-7 and XX(a)-A107 where there are banking
treasuries
|
6]
|
|
19.
|
Duplicate Book of Receipts for Money paid by the Nazir.
|
II-58
|
5
|
|
20.
|
Register of Security Deposits
|
XV-6
|
1
|
### 460. Register of property passing into or through the Nazir's hands under orders of the Civil Court-(1) In this register articles of movable property only should be entered. Money, whether realised by attachment, or by sale of immovable property, or, whether paid to the Nazir in execution of a decree, e.g., by a judgement-debtor against whom a warrant has issued, should not be entered in the register but should be entered in the Register of Civil Court Deposit Receipts.
(2) When articles such as clothes, utensils, etc. supplied by, or at the cost of the decree-holder are received by the Nazir on a judgement-debtor's release from jail they should be entered in this register. A notice should then be issued to the decree-holder to take them back within a certain time and if he fails to do so in spite of the service of the notice or if he is untraceable they should be treated as unclaimed property and dealt with under Sections 25 to 27 of the Police Act.
(3) When any property is released it should be shown as disposed of only when it is actually made over to the person entitled to it. If after due notice the person entitled to it fails to take back any property, it should be dealt with as laid down in the sub-rule (2) of this rule.
Note. - The date on which an order of release is received by the Nazir should be noted in the remarks column for facility of reference. The date and manner of disposal should be noted in column (9) after the property is actually made over to the person concerned, and signed by the Nazir. Valuables in charge of the Nazir should be delivered to the judgement-debtor in the presence of the Judge or officer-in-charge or the Nazarat and the entry in column (9) should be signed by him.
(4) At the end of each quarter the Nazir should prepare an abstract of the pending items and place the register before the officer-in-charge of the Nazarat for scrutiny. The Nazir should also send regular reminders to the Court concerned for orders of disposal of the pending items, and scrutinize, with special care, the reports on long pending items. He will bring any cases of unnecessary delay to the notice of the officer-in-charge of the Nazarat who will refer them for the orders of the District Judge.
Note 1. - Valuable articles such as jewels, etc., should be verified at least once a quarter by the officer-in-charge of the Nazarat and at inspection by the District Judge.
Note 2. - "Nazir" includes Naib-Nazir or other official in charge of a Nazarat.
### 461. Register of property passing into or through the Nazir's hands otherwise than under orders of the Civil Court. Articles of old furniture, stationery, boxes, etc. which are deposited with the Nazir for sale should be shown in this register. When any such article is sold the proceeds of sale should be credited into the treasury and appropriate entries should be made in columns 4, 5 and 6.
### 462. General cash account.
(1) All sums received in cash and disbursed by the Nazir should be accounted for in detail in this register. Only the daily total of sums for which separate registers are maintained should be entertained. Transactions of each Court in respect of diet-money, returned diet-money and diet-money of Government servants should be shown separately. The pay of officials and of the menial establishment disbursed should be shown in detail.
(2) The sums received by transfer from revenue deposits and taken into account in the register of Civil Court Deposit Receipts should be included on the credit side in the daily total of Civil Court Deposit Receipts. On the debit side in addition to the entry relating to the repayment of the Civil Court deposit a separate entry should be made regarding the deposit of the amount into the treasury by book transfer.
(3) Except the permanent advance and sums received for disbursement which can be disbursed within a reasonable time all moneys in the hands of the Nazir shall be credited day by day into the treasury.
(4) Except under extraordinary circumstances which should be stated in brief in the remarks column of the classification register the cash balance in the hands of the Nazir at headquarters or the Naib-Nazir at an outlying station shall not exceed Rs. 1000 and Rs. 700 respectively, or such higher sum as may have been sanctioned by the High Court.
Note. - A small supply of 10 P. revenue stamps may be kept as part of the cash balance.
(5) The daily account shall be examined by the clerk of Court or the deputy clerk of Court, or when there is no clerk of court or deputy clerk of Court, by the officer-in-charge. He shall compare all entries on the receipt side in the cash book with the corresponding entry in the Book of Receipt. Registers of Civil Court Deposits, Processes and Process-fee. Returned Diet-money, etc. The register shall be checked every month by the officer-in-charge who shall personally count the cash balance and record a signed and dated certificate to that effect.
### 463. Contingent cash account.
(1) All sums drawn from the treasury on abstract contingent bills, whether in recoupment of the permanent advance or otherwise and all payments made either out of the permanent advance or from sum drawn on abstract contingent bills to meet special charges are to be entered in this register. In no case shall the Nazir make a payment from the permanent advance or from sums drawn on abstract contingent bills without the signature of the District Judge or clerk of Court being affixed to the order for payment. At places where there is no clerk of Court every order for payment should be signed by the officer-in-charge.
(2) The contingent cash account shall be checked daily by the officer-in-charge with the vouchers for which payments have been made.
### 464. Classification register.
- The object of the register is that the Nazir may be able to state readily the details of his cash balance under all heads of account. As receipts and expenditure under various heads differ in different districts, the headings of this register need not be rigidly adhered to, if experience shows that they can be conveniently modified or extended. The entries shall be examined daily by the clerk of Court or deputy clerk of Court, or where there is no clerk of Court or deputy clerk of Court, by the officer-in-charge. Every month the register shall be put up before the officer-in-charge and his orders should be taken in regard to the disposal of doubtful items.
### 465. Register of receipts and repayments of returned diet-money.
(1) (a)
Every endeavour should be made to repay returned diet-money speedily and with as little trouble as possible to the party concerned, and with this object in view the Judge should, after ascertaining what witnesses are absent, see that parties present take back the returned diet-money due to them.
Note. - A notice in English and Hindi shall be exhibited in every Court to the following effect :-
Repayment of returned diet-money-
(i) Returned diet-money will be paid to parties at any hearing of the case at which they are present.
(ii) Any returned diet-money not so repaid will be remitted to the parties by money order as soon as possible after the conclusion of the case but money order commission and a charge of 10 P. for stationery and clerical expenses will be deducted from that amount.
(b) At the beginning of each working day the Reader should collect all the processes on which diet-money has been returned and should total up the sum repayable thereon. The Judge should then requisition the sum from the Nazir and give him a receipt for it. The Nazir will normally by 11.30 a.m. send the requisitioned sum to the Reader, together with the Register of Receipts of returned diet-money. From the amount received the Reader should pay returned diet-money to the parties concerned in the presence of the Judge and obtain their signatures in column 10 of the register. On each of the processes on which returned diet-money has been repaid the Reader should stamp with a rubber stamp the following endorsement :-
"Amount of returned diet-money Rs................paid to..................in my presence.................................
Dated..................................
Signed...............
Judge".
At 2 p.m. the Reader should send the Register of Receipts of returned diet-money, the processes on which returned diet-money has been repaid, and the balance of unpaid money to the Nazir. The latter after satisfying himself that the entries in the register correspond with the figures on the processes themselves, will return the Judge's receipt and the processes to the Reader, who will file the processes with the connected records. An application for payment of returned diet-money not previously paid may be made by parties at any hearing of a case, and payment should be made in the same manner.
Note. - On the last working day of the treasury' or sub-treasury in each mOnth transactions in respect of returned diet-money should be completed by 12 noon.
(c) In this way recently all returned diet-money will have been repaid before the conclusion of the case. Such returned diet-money as remains unpaid after the close of the case should be sent, as soon as possible after delivery of judgement, to the party concerned by money order after deducting money order commission and a charge of 10 P. on account of stationery and clerical expenses. The charge of 10 P. should be recovered by means of a court fee stamp to be purchased from the diet-money and affixed by the Nazir on the process form itself. After the delivery of the judgement in the case the Reader should collect all the processes on which returned diet-money has still to be repaid and make the following endorsement on each with a rubber-stamp :-
"Amount Rs 'of returned diet-money on this process be returned by money order after deducting necessary charges.
Dated...............
Signed...............................
Judge"
He should at the same time prepare a money order form for each such amount. The coupon at the foot of the money order form should contain an endorsement showing the number of the case, the name of the Court, the name of the witness and the amount to be sent. The money order form and process should be sent to the Nazir for check. The Nazir should affix the 10 P. court-fee stamp on the process and should then sent the process and the money order form to the Judge for signature. The latter should see that the court-fee stamp is cancelled, sign the order on the process and also the money order form, and return the money order form to the Nazir for despatch to the post office.
(d) Occasionally it will happen that the money on the money-order will be returned. Since the Judge signed the money order, the money will be returned to him and not to the Nazir. In such cases the coupon at the foot of the money order should be sent to the Nazir who will make, in red ink below the entries already made in columns 8 and 9 of the Register of Receipts of returned diet-money, an entry to the effect that the amount has been received back. Such an entry might be "Rs. 4 received from the post office, because the addressee is reported to be dead." The Nazir should also note in red ink a fresh serial entry in columns 1 to 6 against the date on which the money is received back; but in column 2 should be given the old serial number to which the item relates and not a fresh serial number. He should then submit the register to the Judge who will hand over the money to the Nazir after satisfying himself that the necessary entries have been made in the register. No further attempt should be made to return this money by money-order. It will remain in deposit until it lapses in the ordinary way. In a few cases, where the money is returned from the post office it may happen that the party may subsequently appear and claim his deposit. He can then be paid only what has been received back from the post office.
Note 1. - In cases where the returned diet-money sent by money-order is not received back or acknowledged by the addressee, the Nazir should enquire from the post office, within two weeks if the addressee resides at a place where there is a post office and within four weeks if the addressee resides elsewhere, what has become of the money order.
Note 2. - At headquarters the duties of the Judge with respect to repayment of returned diet-money may be performed by the clerk of Court.
(e) At stations where there is no separate civil Nazarat, returned diet-money should be returned by money order after the conclusion of the case, the procedure to be followed being so far as possible that described above the exception being that after the Nazir has affixed the court-fee stamp to the-process he will prepare the money order form and put it up to the Judge in charge of the Nazarat for signature. The latter will have the court-fee stamp cancelled, sign the money order form for issue by the Nazir and have the process returned by the Nazir to-the Court concerned with the Nazir's report that the returned diet-money has been sent by money order.
(2) (a)
The Nazir should keep separate registers for each Court. Every item of returned diet-money which he receives from a Court or a process-server or from the post office on refusal of a money order by the payee should be entered by him on the day of receipt in the Register of Receipts of returned diet-money. The money should remain in the custody of the Nazir to be used by him for making repayments of these items. Below the daily total progressive total should also be given from day to day till the end of the month.
(b) Repayments should be noted in the Register of Repayments as they are made. Below the daily total a progressive total should also be given from day to day till the end of the month. The signature of the person to whom repayment is made should be taken in column 10 of the Register of Receipts against the item repaid. When diet-money is returned by money order to a Court in another station or to the depositor, the post office receipt for the money order should be pasted across columns 10 to 12 of the Register of the Receipt against the item concerned, leaving room vertically for necessary entries if the money order does not reach the depositor. The corresponding receipt received through the post office from the Court or depositor to whom the money was sent shall be filed separately.
(3) On the last working day of the month, the Nazir Shall close the registers for the month of totalling column 7 of the Register of Receipts and column 1 of the Register of Repayments, and shall submit to the Judge a memorandum showing the balance in hand; he shall at the same time remit the balance in hand to the treasury to be included in the cash balance of the district. He shall also record in the Register of Receipts and submit to the Judge, (a) a plus and minus memorandum; and (b) a balance sheet in the sub-joined forms. The Judge shall satisfy himself as to the correctness of the entries made therein by the Nazir and sign them :-
Plus and Minus Memorandum
| | | | | |
| --- | --- | --- | --- | --- |
|
Opening Balance
|
Receipt during the month
|
Total
|
Repayment
|
Closing balance
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
Balance Sheet
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Year of Receipt
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Opening balance
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Receipts
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Total
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Repayments
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Closing balance
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(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
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Third preceding year.................
Second preceding year...................
First preceding year.................
Current year. ...............
(4) The plus and minus memorandum prescribed by sub-rule (3) relating to the registers of all the Courts at headquarters should be entered in the Register of Receipts of the Court of the District Judge and those of Courts at outstation in the Register of the Court of the senior Judges. Immediately before the plus and minus memorandum and the balance sheet are signed by the Judge, the clerk of Court or deputy clerk of Court at headquarters and the senior Judge at an outlying station shall check a few entries in the process-server's work-tickets, the General Cash Account and the Classification Register and file of money order receipt. The remittance lists should also be referred to whenever returned diet-money has been withdrawn from or paid into the treasury since the date of the last preceding check.
(5) If at any time during the month the sum in the hands of the Nazir on account of returned diet-money is in excess of Rs. 100 or such smaller sum as may be fixed with the sanction of the High Court, the excess shall at once be remitted to the treasury. If necessary, the amounts thus remitted, or any portion thereof, may be re-drawn from the treasury by the Nazir on the remittance list.
(6) Whenever any amount is remitted to or drawn from the treasury during the month under sub-rule (5), the transactions shall be included in the plus and minus memorandum which will then be drawn up in the following Form :-
(a) Total receipts of the month as per Register of Receipts.
(b) Deduct amount already remitted to treasury as per treasury officer's receipt.
(c) Net amount now to be credited in treasury accounts.
(d) Total payment of the month as per Register of Repayments.
(e) Deduct amount already drawn from the treasury.
(f) Net amount now to be debited in treasury accounts.
(g) Balance, being difference between (c) and (f) now to be remitted to or received from the treasury.
The gross figures, that is, the amount shown against (a) and (d) only should be entered in the Registers of Civil Court Deposit Receipts and Repayments, respectively under clause (7) but the monthly totals of the receipts and payments on account of Civil Courts Deposits, including the petty items of returned diet-money, as recorded in the treasury, should agree with the totals of the deposit register, because the amounts shown in the above memorandum against (b) and (e) will already have been included in the treasury accounts, and these added to (c) and (f) should make up the figures shown against (a) and (d).
(7) The total receipts and payments of the months as shown by the plus and minus memorandum should be entered in the Registers of Civil Courts Deposits Receipts and Repayments respectively, as a single item to be described as "Petty items of Returned Diet-money" without giving a number to the item or recording any other particulars.
(8) In the Extract Registers of Receipts and Repayments of Deposits prepared for submission to the Accountant-General; the monthly totals only should be entered at the foot as the amount of petty items of the returned diet-money received from and paid to the Nazir. A note, however, should be made against the total repayments showing the amount repaid out of deposits received each financial year and the Judge should see that these amounts agree with those in the balance sheet recorded in the Register of Receipts. Thus, if the total amount of petty items of returned diet-money repaid during the month were Rs. 75 a note would be made against this total :
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Rs.
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From receipts of 1959-60
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10
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From receipts of 1960-61
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22
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From receipts of 1960-61
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43
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Total:
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75
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(9) On the 31st March all items lapsing to Government, under Rule 562, Madhya Pradesh Treasury Code, Volume I, shall be entered in column 11 or column 12 of the Register of Receipts and the total thereof included in one sum in the list of lapsed deposits to be submitted to the Accountant-General in accordance with that rule. This list should show distinctly how much is to be credited to Government as lapsed out of the amounts received during each financial year. Thus, if Rs. 63 are to be credited to Government as lapsed, a note should be made :-
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Rs.
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From receipts of 1957-58
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10
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From receipts of 1958-59
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23
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From receipts of 1959-60
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30
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Total:
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63
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Before submission of the list to the Accountant General the registers should be examined by the Judge, who should satisfy himself that all items lapsing under the rule are included in the list as above. Refunds of amounts included in this list will be payable only with the sanction of die Accountant-General under Rule 564, Madhya Pradesh Treasury Code, Volume I.
(10) In order to maintain a proper check over the disposal of items of returned diet-money the Judge should himself trace not less frequently than once a quarter, a certain percentage of items from the process-servers work-tickets, into the Nazir's Register of Receipts of returned diet-money and should see that the instructions contained in these rules are duly carried out.
### 466. Register of Civil Court deposit receipts and register of repayments of Civil Court deposits.
(1) Only one set of these registers should be maintained for all Courts at each station. The deposits of the different Courts at the station should be distinguished by an initial letter A, B, C etc. to be allotted to each Court and this distinguished letter should be written below the serial number of the deposit in column 2 of the Register of Civil Court Deposit Receipts.
Note 1. - If possible the names of payees should be given in column 4 of the Register of the Civil Court Deposit Receipts. Where the entry is non-committal it should be stated that the amount is payable under order of the Court.
Note 2. - It is the duty of the Nazir to trace the history of each deposit and to verify the correctness of claim to repayment. He is responsible for the accuracy of his registers, reports to Courts and accounts to the Accountant-General.
(2) When an application for leave to deposit money is received the Court will pass an order that the sum be accepted as a deposit. The reader or the clerk concerned should thereupon endorse on the application an order to the Nazir to receive the money. The application should then be given to the applicant to be presented with the money to the Nazir. The Nazir will receive the money, take it into his account and endorse a report of having done on the application which will be immediately returned through his peon to the Court.
(3) (a)
When the Nazir receives money from the head copyist he shall enter the total amount as a single item in the Register of Deposit Receipts, describing it as "Copying fee received from the head copyist", without giving a number to the item or recording any other particulars. In case of emergency the Nazir may receive court-fee stamps as the equivalent of cash to be kept as part of his cash balance. The court-fee stamps should be returned to the head copyist at the first opportunity.
(b) In case of withdrawal if the balance in deposit at the credit of the head copyist is sufficient, the Nazir should make the payment and enter the items in the Register of Repayments of Civil Court Deposits without number as "Repayment of copying fees to head copyist".
(4) Money realised in one tahsil under a warrant issued by a Civil Court in another tahsil should be sent to the Court concerned by postal money order at the judgement debtor's expense. The server or the sale Amin, as the case may be, shall pay the amount to the Nazir under whom he serves, and the Nazir shall send the money order from his office and endorse the fact of his having done so on the warrant before returning it. On receipts of the money order and the warrant the Court concerned shall cause the money to be taken over by the Nazir and treated as a Civil Court deposit. The money order shall be addressed to the judge of the Court to whom the money to be remitted belongs. The Nazir should invariably note in the coupon of the money order form, the number of the case and a clear description of the warrant in pursuance of which the money was recovered.
(5) When an application is made for the repayment of a deposit the Court should call on the Nazir to report on the application whether the sum claimed is in deposit. The Nazir should report the exact terms of the entry in column 4 of the Register of Receipts of Civil Court Deposits. On receipt of the report the reader, execution clerk or other clerk dealing with the deposit, as the case may be, should report to what extent the applicant is entitled to be paid. No application made by a pleader for repayment of a deposit on behalf of his client or principal if not accompanied by a power attorney, will be entertained unless it contained a declaration made by the pleader in writing to the effect that he is empowered to receive the money for his client or principal by virtue of the power filed by him with the original records. Thereupon the Court after satisfying itself as to the merits of the claim of the applicant, will pass an order for payment in favour of the applicant. The clerk whose duty it is to prepare vouchers will then prepare a voucher which will be signed by the Court and given to the applicant for presentation to the Nazir. The Nazir shall satisfy himself that the person attending to receive the money is (a) the person in whose favour the order for payment has been passed, or (b) his pleader or agent duly authorised to receive the same for his client or principal. If the said person is not personally known to the Nazir, he shall be identified by two respectable persons whom the Nazir does know and their names and addresses shall be entered in the remarks column of the Register of Repayments. So far as possible all vouchers should be sent to the Nazir before 1 p.m. The Nazir will daily pay out of his cash balance up to the limit of the sum held by him under the head "Civil Court Deposits". Vouchers for sums in excess of that amount, which he may receive up to 1 p.m. will be paid by him after he has drawn the amount from the treasury. After payment of the Nazir will immediately endorse on the application a certificate of payment and return it to the Court concerned. If arty poundage fee is realised the Nazir shall note the number of the connected warrant of sale in column 4 of the Register of Receipts of Civil Court Deposits.
Note 1. - Payment of the amounts of Civil Court Deposit belonging to the estate of Wards under the management of Courts of Wards may be made by transfer credited to the personal deposit account of the estate concerned instead of by cash payment to the employees of the Courts of Wards.
Note 2. - Applications for execution usually contain a prayer to realise money and pay it to the decree-holder vide Form No. 6, Appendix E, Civil Procedure Code. The Court is bound to deal with the prayer to pay out by an order and having passed an order to pay out cannot subsequently insist on an application to pay out. The Court should, however, in such cases, insist on a memorandum and should follow the procedure in the above rule as if memorandum were substituted for application.
The essential differences between the two are that a memorandum need not, and an application must, be stamped and a memorandum should not contain a prayer. If the memorandum contain a prayer and thus amounts to an application it must be stamped as an application. (In this respect see paragraph 5 of Appendix V).
Note 3. - The practice of obtaining the signatures of identifying witnesses in the remarks column of the Register of Repayments is unobjectionable and is a useful safeguard.
Note 4. - (1) Further instructions regarding vouchers-
(a) All applications for vouchers must be sent to the Nazir (or Naib-Nazir, as the case may be) on the day of receipt.
(b) The applications with the Nazir's (or Naib-Nazir's) report should be submitted to the Judge not later than the next working day.
(c) Except when it is necessary to send for a record all vouchers should be issued within three days of the receipt of the application. The Judge shall, by referring to the application for the voucher, check compliance when signing the voucher.
(d) When it is necessary to send for a record the Judge shall check that no time has been wasted.
(2) A manuscript book, in the following Form shall be maintained by the Court Reader of each Court:-
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Date of receipt of application for vouchers
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Case number and year with names of parties in
brief
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Applicant told to appear
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Voucher delivered on
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Remarks
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(1) |
(2) |
(3) |
(4) |
(5) |
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Note to column (1) . - Entry in the manuscript book should be made as an application is received.
(6) On each working day before the treasury is closed the Nazir should forward to the Treasury a remittance list showing in a lump sum the amount of Civil Court Deposits received and repaid during the day with a remittance in cash or a demand for the excess of repayments over receipts.
(7) Sum received and repaid on account of deposits after despatch of die daily remittance list to the treasury should be entered in the Deposit Registers on the day they are received or repaid, and the total of receipts and repayments of the whole day (whether prior or subsequent to treasury hours) should be carried to the General Cash Account and the Classification Register. Care should be taken to add in the Deposit Registers, in red ink, below the date of actual deposit or repayment, the date of credit into or withdrawal from the treasury of each item received or repaid after treasury hours.
Note 1. - In order that the monthly totals in the deposit registers may agree with the total of receipts and repayments in the Extract Registers submitted to the Accountant General such items received or repaid after the despatch of the remittance list on the last working day of a month should be entered in the deposit registers appertaining to the next month, and not as the closing entries of the month in which they were actually made.
Note 2. - In order to minimise the number of transactions after treasury hours, a notice in Hindi requesting the public to make deposits as far as possible before a certain hour (to be fixed by the District Judge) should be pasted in a prominent place at each Court-house.
(8) When a Court orders under Order XXI, Rule 86, Civil Procedure Code, the forfeiture of a deposit of 25 per cent of the purchase money in an auction sale minus the expenses of the sale the execution clerk should immediately take steps to withdraw from the Civil Court Deposits on a Civil Court Deposit repayment voucher the amount ordered to be forfeited. The voucher should be sent to the treasury with the remittance list for payment by transfer credit to the head "Administration of Justice". The Nazir should give details of the withdrawal and credit to Government in his General Cash Account and form it the figures for the Tauzi will be taken.
(9) (a)
The Nazir should also keep Monthly Extract Registers of Receipts and Repayments in which posting should be made from day to day. The transactions with the treasury should be posted both in the Deposit Registers and the Extract Registers up to the end of the month and those with sub-treasuries upto the 27th (except in March, when the transaction should be posted up to the last day). Transactions with sub-treasuries subsequent to the 27th should be recorded under the proper date in the registers appertaining to the next month. The totals for the month should be struck both in the Registers of Receipts and Repayments and in the Extract Registers and the total of each register should agree with that of the corresponding Extract Register.
(b) Deposits and repayments of copying fees to the head copyist should not be reproduced in detail in the Extract Register; only the monthly totals should be entered at foot as the amount of the copying fees received from and repaid to the head copyist but the total amount repaid from the deposits made m each financial year should be shown separately.
(10) The extract Registers of Receipts and Repayments together with the Repayment Vouchers, should be sent to the Accountant General through the officer-in-charge of the treasury, who will certify to the agreement of the total receipts and repayments with the treasury figures before forwarding the registers to the Accountant General. The Treasury Officer will also certify the agreement of the balance shown at the foot of the Extract Register of Personal Deposits with that shown in the Nazir's Extract Register of Civil Court Deposit Receipts. If there be any discrepancy, the Registers should be returned by the Treasury Officer for correction. In order to secure the above agreement it is necessary that all entries of Civil Court Deposits should bear the date on which the money is paid into or drawn from the treasury or sub-treasury. This can be easily arranged in personal communication with the treasury.
### 467. Dak book for process sent by post.
- Only processes sent by post shall be entered in this book. In column 6 (postage) the value of stamps used shall be noted against each cover and in the last three columns (Nos. 7 to 9) the daily total only shall be entered. At the close of each day's entries details of the closing balance shall be given as under :-
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Number
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Five paise
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Ten paise
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Fifteen Paise
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And so on
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(1) |
(2) |
(3) |
(4) |
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Sums required for the purchase of stamps should be drawn on Contract Contingent Bills. The amount spent on postage for transmitting process forms a portion of the cost of process-serving establishment and it can be ascertained from this book only.
### 468. Register of checking of process-server's work by sale Amins.
- This register should be scrutinized by the officer-in-charge every month. It should be seen that the checking is thorough and scrupulous. The Nazir should select processes to be checked by the sale amin and should see that all processes which involve any suspicion of dishonesty careless work by the process-server are included. He should also bring to the notice of the officer-in-charge all cases in which the process-server appears to be at fault.
### 469. Register showing the work done by sale amins.
(1) In order to facilitate the distribution of work among sale amins and to prevent delay owing to several Courts fixing the same date for sales, the Nazir should keep a list of the Nazir's engagements and the following system should be adopted:-
All orders for sales to be held by the sale amins should be sent as soon as passed to the Nazir, who should, with reference to his list of the amin's engagements, arrange suitable dates for the sales so as to enable the amin to dispose of them punctually and without unnecessary travelling. The Nazir should then report to the Courts the dates on which the sales ordered by them can be held, and the Courts should then issue the necessary orders and the proclamation.
(2) Each sale amin shall submit monthly to the Judge a report of his work in the prescribed form. In the column for remarks he will briefly explain the circumstances which prevented him from holding a sale on the date fixed therefor (column 4) or his reasons for not holding the sale to which the entries in column 8 relate. The reports of amins at outlying places shall be submitted quarterly by the officer-in-charge to the District Judge has passed orders on them, they shall be returned to the Courts concerned where they shall be filed in a compilation which shall be paged and bound so as to admit of subsequent reports being inserted. The reports of the same amin at the headquarters of a district shall similarly be filed in a compilation in the office of the District Judges.
(3) Forms of work-tickets prescribed for process-servers may be used for sale amins. When any warrants of sale are entrusted to a sale amin they should be entered in the work-ticket by the Nazir, and unless the sale amin has duly accounted for all the warrants and the moneys realised by him, fresh warrants should not be entrusted to him for execution.
Note. - The Nazir should carefully see that on his return the sale amin properly renders accounts and pays in all the moneys realised by him before fresh warrants of sales are entrusted to him.
(4) When the sums realised under a warrant or warrants exceed Rs. 300 the sale amin shall, as early as possible, but without adjourning the other sales to be held by him, either return to headquarters and deposit the amount with the Nazir or the Naib-Nazir, as the case may be, or remit it to the Court by money-order from a post office at the expense of the judgement-debtor or judgement-debtors.
(5) The sale amin should submit his quarterly programme of sales to the District Judge for approval through the officer-in-charge three months prior to the quarter to which the programme relates.
Note. - It is the duty of the District Judge and the officer-in-charge to see that the sale amin is kept fully employed.
### 470. Book of receipts for money.
- All sums paid into or deposited in Courts, which the reader and other clerks of the Court' are prohibited from receiving, shall be received by the Nazir. As soon as any amount is paid tire Nazir shall enter it on a form of the book of receipts. The receipt shall be prepared in duplicate by means of a carbon paper, the original being tom off at the perforated line and handed over to the payer as his receipt.
### 471. Register of security deposits.
- This register should contain the list of officials from whose pay deductions are made under Rule 451. Appropriate entries should be made when deductions are made and when they are deposited in the post office savings banks. The register should be scrutinized by the officer-in-charge every month.
Chapter XXIII
Copies and copying section
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### 1. Presentation of Applications and Payment of Charges ###
472.
(1) Applications for copies may be presented in person or by an agent or pleader to-
(a) The head copyist of the office where the record from which copies are applied for is required to be deposited for safe custody;
(b) The Senior Judge at a station where there is no record-room but where records are temporarily kept;
(c) The Presiding Judge of a Court if the record is in his Court and if there are facilities for granting copies to parties;
(d) Any official of the Court, not being a copyist, authorised by the District Judge to perform the duties of a head copyist.
(2) The head copyist mentioned in clause (a) above can also entertain applications for copies sent by post.
### 473. (a) A party to a Judicial proceeding may at any stage of the proceeding obtain copies of the record of such proceeding, including exhibits which have been finally accepted by the Court as evidence, subject to sub-rule (b).
(b) A party who has been ordered to file a written statement reply or return is not entitled to get a copy of the written-statement, reply or return filed by another party until he has filed his own.
### 474. (a) A stranger to a judicial proceeding may obtain copies of plaint, written statement, memorandum of appeal affidavit, petition or application, filed in the judicial proceeding only after its decision but may for sufficient reasons shown to the satisfaction of the Presiding Judge and on his order in writing, obtain copies of any such documents before the decision.
(b) A stranger to a judicial proceeding may obtain copies of judgement, decree or order in the proceeding.
### 475. A stranger to a judicial proceeding cannot obtain copy of an exhibit put in evidence without the written consent of the person by whom it was produced or his successor-in-interest save exceptional cases where the Presiding Judge, or in his absence of the District Judge is satisfied that the applicant has a personal interest in it.
### 476. (1) Every application for copy or copies shall bear court-fee stamp of 10 Paise as required by Article 1 (a), Schedule II to Court-fees Act, 1870.
(2) If an application sent by post is unstamped, the head copyist shall first cause a stamp to be affixed from out of the money received with the application before entertaining it.
Note. - A separate application is necessary for each record from which a copy is sought, but copies of any number of documents from one record can be asked for by one application.
### 477. Every application shall be accompanied by an advance sufficient to cover the estimated cost of the copy applied for and the cost of the court-fee stamps, if any, required under Articles 6, 7 and 9 of Schedule I of the Court-fee Act, 1870, as amended from time to time, and also, where the copy applied for requires a non-judicial stamp under the Stamp Act, 1899, by the requisite non-judicial stamp. If a copy of a map is to be prepared on tracing cloth the application shall also be accompanied by the tracing cloth. In the case of an application sent by post, the advance shall be remitted by money order.
Note. - Applications received by post without the requisite non-judicial stamp or the tracing cloth should be registered in the Register of Applications for copies but in such cases copying may be considered to have been stopped for want of funds so far as it concerns the copies of those particular documents, and the applicant should be asked to supply the requisite stamp or the tracing cloth.
### 478. (1) If a party requires delivery of a copy more expeditiously than would in the normal course of business occur, he may, in addition to the application for copies presented in the manner prescribed to Rule 477, file a separate application stamped under Article 1 (b), Schedule II, Court-fees Act, 1870 (VII of 1870), praying for early delivery of the copies and stating the grounds on which such prayer is made.
If such an application is received by post without requisite stamps, the head copyist shall cause the deficient stamps to be affixed and cancelled and debit the costs to the applicant's account. But if the account does not permit the deficiency of stamps to be made good in this manner, the application shall stand rejected.
The application for early delivery will be immediately forwarded to the officer-in-charge of the copying section who shall deal with it forthwith and may, after taking into consideration the facts alleged in the application for early delivery and the state of business in the copying section, allow the application and return it to the head copyist. The charge for copies, in respect of which such an application has been allowed will be double the ordinary rate and the advance deposited with the application for copies should be worked out at double the ordinary rate. If the application is rejected the copies will be prepared in the ordinary way, the usual copying fee being charged, and the excess will be refundable. If the application for early delivery is granted, the copies applied for will be prepared as expeditiously as possible getting preference over ordinary applications for copies and ordinarily should be made ready for delivery not later than two days after the order for early delivery is passed. The word "express delivery" shall be noted in red ink at the top of the first page of the copies and in the remarks column of the register of applications. Unless expressly ordered the extra costs for obtaining such an express copy shall not be taken into account in taxing the costs of any proceedings.
(2) An application received by post before the arrival of the connected advance shall not be registered or acted upon until receipt of the advance. Should an advance be received before the connected application, the money shall forthwith be sent by the head copyist to the Nazir who will hold it under head "Miscellaneous". This transaction shall appear as an item in Pass Book B. On receipt of the connected application the Head Copyist shall send the pass book and obtain the money from the Nazir. If no application is received within thirty days, the Head Copyist shall demand returns of the money and proceed under Rule 499.
### 479. Every application for a copy shall state-
(a) whether the copy is to be sent by post or whether the applicant, or his agent, or a legal practitioner will take delivery in person; and
(b) the applicant's full postal address.
Copying shall not be refused for failure to keep this rule but the consequences of the failure will rest solely on the applicant.
### 480. On each application the Head Copyist or the officer-in-charge shall endorse the date of its receipt and shall initial the endorsement. If the applicant is present in person, the Head Copyist shall immediately give a receipt in the prescribed Form (No. 11-68) for the advance received with the application.
### 481. [(1) The fee for preparing copies shall be one rupee per page or fraction thereof, whether in English, Hindi or any other language. Copies required by officers of the Central or State Government for Government purposes, but not for conducting a case in a Court of law, shall be made on plain paper free of cost :
Provided that in case where a copy is prepared by photocopy machine then the charges shall be two rupees per page.]
[Substituted by Notification No. C-2493-III-1-5-57-CH-20, dated 23-5-1995.]
(2) Copies of any part of the record of a case to which the Central or State Government is a party when required for purposes connected with the conduct of a case shall be supplied on payment of requisite fee.
(3) Copying fees received in cash by the Head Copyist or other authorised person should be utilised for purchasing court-fee stamps, court-fee stamps of a value equal to the copying fee for each sheet should be affixed to every sheet of certified copy.
### 482. Copies of documents such as maps, registers and statements may have to be prepared on paper other than the ordinary copy sheets. The Head Copyist shall take such advance as he considers necessary for the preparation of the copies, but the clerk of Court or the officer-in-charge shall decide how must is to be charged after examining the completed copy. The Head Copyist shall affix court-fee stamps to the copies so prepared, the value of the stamps being equal to the amount of the copying fee so decided.
### 2. Preparation and Delivery of Copies ###
483.
Records required for copying which are in the record-room shall be obtained by sending the applications for copies in original to the record-keeper, the number and the date of each application being noted in the dak book maintained in the copying section. All such applications received during each day shall be sent to the record room by 4.30 p.m. the same day. The record-keeper shall trace the records from the information in the applications and return the letter with the connected records as early as possible. No application shall be retained by the record-keeper for more than three days including the day of receipt by him if the record required in connection with an application is not in the record room or cannot be traced because the information in the application is wrong or insufficient, application shall be returned with an endorsement "Description Wrong", "Record cannot be traced", as the case may be.
Note. - The clerk of Court shall see that records are not called for or retained by the copying section for purposes foreign to copying and that the head copyist obtains in his dak book an acknowledgment of the receipt of each record returned to the record room or to a Court or official.
### 484. Applications for copies of pending records or parts thereof shall, on being received and registered, be sent to the Presiding Judge of the Court concerned for his orders as to whether a copy should be granted. In case of refusal by the Presiding Judge to grant a copy the head copyist shall inform the applicant accordingly and refund the advance. In the case of applications received by post, the information should be sent by post and the advance refunded by money order after deducting therefrom the necessary money order commission.
### 485. If the required record is in the High Court or in the Court of a District Judge the connected application shall be placed before the District Judge concerned for orders.
### 486. When a copy applied for is of a document on a printed form (e.g., a decree), it shall ordinarily be copies on the appropriate printed form, printed matter on the form being treated as a matter copied. All copies not so made shall be prepared on sheets of plain water-marked paper, viz., foolscap 13.5" x 8.5", which shall be obtained from the treasury or subtreasury. Both sides of the paper should be used whether the copying be in manuscript or in type. One sheet should ordinarily contain 720 words in type (i.e., 30 lines at an average of 12 words a line on each page or 240 words in manuscript. At the top of the sheet on both sides a margin of 1.5 inches should be left for the fixing of the necessary court fee stamps. There should also be a margin of one inch on the left of the front of the sheet and on the right of the back of the sheet. A margin of quarter inch should be left on the right of the front of the sheet and on the left of the back of the sheet. Similarly there will be a margin of quarter inch on both sides at the foot of the paper. It should not be necessary to rule these margins, but, if they are to be ruled, the ruling should be in pencil. For typewritten copies usual double-line spacing should be used. For manuscript copies in English the spacing should be 20 lines on each page and 6 words to a line and for manuscript copies in other languages it should be 15 lines on a page and 8 words to a line. The exact number of words in a particular line is, however, immaterial so long as the total per sheet approximates, sufficiently, close, to the standard required for each sheet, four figures counting as one word- Tire value of the court-fee stamps to be attached to the sheet depends on the total number of words written or typed.
Note - Documents written Modi should be copied in devanagri character.
### 487. Immediately below the top margin shall be written or typed the words "copy of with a description of the document to be copied. On the back of each sheet in the top margin the stamp "Head Copyist, District and Sessions, Judge's Office", or the seal of the Judge shall be affixed.
### 488. At the beginning of each copy shall be given a brief description of the documents to be copied, e.g., judgement, decree, order, deposition of plaintiff's or defendant's witnesses No......................., plaint, written statement, application, exhibit, etc. The description must give a reference to the case sufficient for identification, including the number and year of the case, the name of the Court to which the case belongs, the names of the parties, the claim and the date of decision. When the copy is a copy of a document in an appellate record or a miscellaneous case connected with a civil suit, the description of the appellate or miscellaneous case, as the case may be, as well as that of the civil suit shall be given. Similarly, when a copy is made from the record of an execution case the description of the original case should be added to the description (without number) of the execution case.
### 489. On the back of the last sheet of each copy shall be typed or otherwise endorsed the following table:-
| | | | | |
| --- | --- | --- | --- | --- |
|
Application Received on
|
Applicant told to appear on
|
Applicant appeared on
|
Application (with or without further or correct
particulars) sent to Record Room on
|
Application received from Record Room (with
record or without record for further or correct particulars) on
|
|
1
|
2
|
3
|
4
|
5
|
|
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Applicant given notice for further or correct
particulars on
|
Applicant given notice for further funds on
|
Notice in column 6 or 7 complied with on
|
Copy read on
|
Copy delivered or sent on
|
Court-fee realised
|
|
6
|
7
|
8
|
9
|
10
|
11
|
|
|
| |
| --- |
|
Copyist........... Comparer...........| Head copyistor Authorised official
|
The dates to be entered in the Table shah be expressed in figures not in words and all corrections shall be properly attested. When certifying copy the Head Copyist or authorised official or the Judge shall satisfy himself that the entries in the table have been correctly made.
### 490. If the copy is of a kind requiring a stamp under Article 24, Schedule I of the Stamp Act, 1899, it shall be commenced on an impressed non-judicial stamp paper of the value required and shall if not furnished on the front side thereof, be completed on an ordinary plaint sheet or sheets. If the copy is finished on die non-judicial stamp itself the endorsement required by the preceding rule shall be made at the back of the stamp. The requisite court-fee stamp to cover the cost of the writing thereon shall be affixed to the non-judicial stamp and also to each plain sheet.
### 491. (1) Under no circumstances shall a copy be carried beyond the number of sheet for which charges of copying have been deposited.
(2) When an application is made by post and it is discovered that copying cannot be taken in hand for want of funds or correct information, a notice shall be posted to the applicant on the day the defect is discovered, with a direction to send the money or the information.
(3) When the defect mentioned in sub-rule (2) is discovered in an application presented in person, the applicant shall be informed verbally at once if it is discovered on presentation, and if after presentation, then on the next day fixed for him to appear or at any time before such date, if he is available. If he does not appear on the day fixed or is not informed at any time before such date, notice shall be posted to him that day to the address, if any, given under Rule 479.
(4) If for a period of 30 days an advance received by money order cannot be spent because there is no application, or an application sent by post cannot be acted upon because there is no advance, the head copyist shall so inform both the clerk of Court and the applicant either personally when he attends or by post if he applied for a postal copy.
(5) When the applicant is given oral information under this rule it shall be recorded as in the case of notice issued to the applicant.
Note. - District Judges should, having regard to the necessity for safe custody of records and the accommodation available for such custody in the copying branch; pass general orders as to the custody of records of which copies are stopped for want of funds or correct information.
### 492. When copies are ready they shall before delivery or despatch, be signed by way of attestation by the head copyist or Judge, who shall before signing, see that each sheet bears the court-fee stamps to cover the cost of copying and that all such stamps have been punched by a punch marking the letter C The attesting officer shall also see that court-fee stamp, if any, required by Articles 6, 7 and 9 of Schedule II of the Court Fees Act, 1870, have been affixed to the first page of the copy and punched with a C punch.
Note. - A postal copy (i.e., a copy which is to be sent by post) in which copying work is finished but which cannot be despatched for want of postal charges only should be created as ready and the date on which it is so treated should be entered in column 7 of table of dates prescribed in Rule 489 foregoing and also in column 12 of the Register of Applications for copies. The same date should also be put in column 5 of the Table and column 8 of the Register of Applications for copies with an addition of the word "Postage" below the date.
### 493. Copies shall be delivered to applicants personally or to their agents or pleaders or sent by post, if so desired, to their addresses by registered packets or by registered letter or parcel when postage stamps are enclosed.
### 494. If the amount of the advance in an application in which the copy is to be sent by post is more than sufficient to cover all charges (including court-fees, postage and registration fees), the surplus shall be remitted by money order, or if it does not exceed forty-five Paise, in; postage stamps enclosed with the copy or in a separate cover as may be economical. In cases where tire surplus amount sent by money order is not received back or acknowledged by the addressee, the head copyist should enquire from the post office, within two weeks if the addressee resides in a place where there is a post office and within four weeks, if he resides elsewhere.
### 495. When an application for a copy of a will deposited with the District Registrar is received, the District Judge shall send a requisition to the District Registrar calling for the production of the sealed cover containing the will. The cover shall be opened as soon as it is received by the District Judge, or in his absence by the officer-in-charge of the District Judge's Office, and the will shall be made over by him to the clerk of Court or deputy clerk of Court under whose supervision the copy shall be prepared. The will shall then be returned by the District Judge or, in his absence by the officer-in-charge to the District Registrar in a sealed cover through the dak book. During the time the copy of the will is under preparation, the will shall be kept in the box provided for the custody of forged documents in the record room.
### 3. Copying Registers and Accounts ###
496.
The head copyist shall maintain the following registers and they shall be preserved for the period specified below, the period being counted from the date of the last serial entry therein :-
| | | |
| --- | --- | --- |
|
Name of register
|
No. of form with the No. of schedule on which it
is borne
|
Period for which to be preserved
|
|
(1) |
(2) |
(3) |
|
1.
|
Register of Applications for Copies
|
II-65
|
|
|
2.
|
Account Book
|
II-66
|
6 years
|
|
3.
|
Detailed Account Book
|
II-67
|
|
|
4.
|
Duplicate Receipt Book
|
II-68
|
|
|
5.
|
Pass Book A and B showing transactions with the Nazir
|
II-69
|
|
|
6.
|
List of unexpended advances
|
II-70
|
|
|
7.
|
Dak Book
|
II-34
|
3 years
|
|
8.
|
Counter-foil of postal money orders
|
|
3 years from the date of the last serial receipt.
|
### 497. All applications, whether received by post or presented in person or by an agent or a pleader shall be entered in one and same annual series of numbers in the Register of Applications for copies, the letter P, being written in red ink to the left of the number assigned to each postal application.
Note. - Applications for copies in which copies have been delivered or in which advances have been refunded without preparing copies on which are received by post unaccompanied by advance and for which no advance is subsequently received should be preserved for six months from the date of delivery or refund. All other applications shall be preserved for three years from the date of their receipt.
### 498. The amount received from applicants personally or by money order accompanied by an application shall be entered by the head copyist in the Register of Applications for copies and in the Detailed Account Book. Daily totals of columns 3 to 7 of the detailed Account Book shall be carried to the appropriate columns of the Account Book.
### 499. When a copy remains undelivered or when no work has been done on an application for 30 days for want of funds or correct information or when no application has been received for 30 days in connection with an amount received by money order the unexpended advance shall be entered in columns 1, 2 and 3 of the List of Unexpended Advances; the application itself and any sheets used in connection therewith shall be deposited in the record room. If the applicant subsequently pays a further advance or supplies correct information the copying shall be resumed and the application shown as restored, in the remarks column against its original serial number in the head copyist's Register of Application for copies : Provided that when the delay, counted from the day on which copying was stopped to the day on which the further advance or information is received, exceeds four months, copying shall be resumed only if the officer-in-charge of the section excuses the delay. The disposal of the unexpended advance either by repayment or by lapse to Government will be shown in red ink in columns 4, 5 and 6 against the original entry in addition to the usual black ink entry in chronological order in columns 1, 2 and 5 which alone will effect the balance in column 7.
Note. - Copies undelivered should be preserved for three years from the date on which they first remained undelivered.
### 500. If a money order for the balance due to an applicant is returned unpaid the amount thus received shall be entered in column 14 of the Register of Applications, and in column 4 of the Detailed Account Book, and it shall also be entered in the list of Unexpended Advances in the manner described in Rule 499 foregoing. Copies sent by post and received back shall be deposited in the record room.
### 501. (1) The head copyist shall ordinarily indent for plain sheets from the treasury or sub-treasury once a month. To minimize work in the treasury the indent should be for a whole number of reams of 480 sheets. This number should not be larger than is necessary to ensure that the stock in hand will never be less than will suffice for a month. The indent should be in duplicate on unofficial memorandum forms. One copy will ultimately remain in the treasury office and one with the head copyist. The indent should be countersigned by the clerk.of Court or a gazetted officer.
(2) The head copyist shall every day give to each copyist as many blank sheets as will approximately suffice for the day's work and see that each evening each copyist returns to him the number given, whether used, unused or spoilt and the notes of these transactions shall be kept in a rough note book.
Note. - The head copyist is responsible for the correct balance of blank sheets. He should be provided with a box and a good lock for the custody of blank sheets.
(3) The head copyist shall indent for court-fee stamps, whenever required, from the treasury or sub-treasury. The indents shall invariably be for whole sheets, whatever be the denomination of the stamps. The stamps required may be ten paise, twenty paise, forty paise, eighty paise and one rupee. The head copyist shall not obtain stamps from a stamp-vendor without the express permission of the Judge or gazetted officer-in-charge of the copying section.
Note. - The head copyist should make every effort to reduce the number of indents upon the treasury, the indents should, therefore, be as large as possible.
(4) The head copyist may include court-fee stamps as part of his cash balance which is sent daily to the Nazir in a sealed leather bag and court-fee stamps shall be reckoned as cash for all account purposes. All transactions relating to disposal of court-fee stamps should appear in the Detailed Account Book.
### 502. In the Duplicate Receipt Book shall be entered all sums paid by applicants personally as an advance required for the copy and also all balance returned to applicants personally. As soon as the first advance is received, a receipt with a carbon duplicate shall be prepared. The receipt shall be made over to the payer, and then the copy is delivered, the original receipt shall be taken back and affixed to its carbon duplicate. Receipts from applicants who sent their applications by post, but obtained delivery of copies in person should be taken in a separate receipt book to be maintained for the purpose, entries being confined to such columns as are appropriate. If more money has been advanced than was required the excess shall be refunded to the applicant at the time the copy is delivered.
### 503. On receiving an application presented by hand the head copyist shall, unless the application asked for postal delivery [See Rule 479 (a) ] forthwith fixed and intimate to the applicant a date within seven working days of the presentation on which he should attend to ascertain whether the copy is ready or whether any further advance is required. Should the copy not be complete on the date so fixed, the applicant shall be directed to attend another date within seven working days of the first, and so on. The successive dates on which the applicant is told to attend shall be entered in the receipt as well as in the carbon duplicate of the Duplicate Receipt Book and in the Register of Applications.
### 504. When the copying work is in arrears or for any other sufficient reason, the head of the office may, by general or special order, direct that the period between presentation and first attendance or the period between the dates fixed for two consecutive attendances shall consist of a fixed number of days in excess of seven, and shall at the same time determine the period for which the order is to remain in force.
### 505. The District Judge shall record an order fixing the maximum balance of cash to be kept by the head copyist in his own hand, and the amount so fixed shall not in any case exceed Rs. 200 at head-quarters or Rs. 30 at each outlying place, without the special sanction of the High Court. The head copyist shall send his cash balance in a sealed leather bag duly entered in his dak book to the Nazir daily not later than 4.45 p.m.
### 506. Whenever the money and court-fee stamps in the hands of the head copyist at the close of the day's business is greater than the amount fixed under the preceding rule, the excess shall be entered in Pass Book A, and paid over in cash by the head copyist to the Nazir to be deposited in the treasury. Unexpended advances shall be sent to the Nazir immediately applications are deposited in the record room and money orders are returned unpaid. [Also see Rule 466 (9) (b)]
### 507. When the head copyist requires repayment of the amount paid to the Nazir under the preceding rule, he shall enter it in the Pass Book which will be presented to the Nazir. The date and amount of each deposit out of which repayment is desired shall be given in columns 4 and 5 of the Pass Book. In every case of withdrawal other than that of an unexpended advance the oldest deposit available shall be drawn upon, to that end against each withdrawal which finally exhausts a deposit and also against the entry relating to the original deposit a remark to that effect should be made in the last column of the Pass Book. An unexpended advance once sent to the Nazir shall not be refunded to the applicant until it has been withdrawn from the Nazir.
### 508. The clerk of Court or the Judge shall daily examine all the applications disposed of and affix his initials against each entry relating to them in the remarks column of the Register of Applications for copies after satisfying himself that the Account Book, the Detailed Account Book, Duplicate Receipt Book and other connected registers have been duly filled in. He shall also test the work of the copyist from time to time by selected sheets at random and counting the words in each month compare the head copyist's account for the preceding month with the Pass Book and Nazir's Registers of Civil Court Deposits in order to ascertain (a) whether the Nazir has accounted for each item shown by the Head Nazir as repaid to the head copyist has been accounted for in the latter'® Account Book.
### 509. The head of the office or a subordinate gazetted officer deputed by him shall examine the several registers of the head copyist in the first week of each month with the object of seeing whether toe work of copying is being regularly done, toe excess payments properly refunded and the excess over the maximum balance paid to the Nazir in accordance with Rule 356. He shall also satisfy himself by an examination of the Account Book that the balance of sheets will suffice for a period not less than one month. He shall also verify the correctness of the account of plain sheets. The head of the office shall also examine a certain number of applications pending over one month in which copying has been stopped for want of funds or proper information regarding the document to be copied to see if they were rightly deposited in the record room.
### 510. The head of the office or a subordinate gazetted officer deputed by him shall examine toe register of applications for copies at least once a quarter and satisfy himself that the entries relating to the applications shown as disposed of have been properly made and that the closing cash balance inclusive of unused court-fee stamps in the hands of the head copyist which is shown in column 13 of the. Account Book is correct. The process for verifying toe cash balance is as follows
A list of all advances received in respect of applications other than (i) those deposited in the record room under Rule 499, and (ii) those in which copy has been delivered or the amount advanced has been refunded, shall be prepared from toe register of application. To the total of the list shall be added toe progressive total or balance in the list of unexpended advances. From the sum thus arrived at shall be deducted (i) the value of court-fee stamps used in respect of applications in the foregoing list of advances received, (ii) the balance with the Nazir, as shown in Pass Book A, and (iii) the cost of court-fee stamps fixed by the head copyist to postal applications under Rule 476. The difference found should tally with the closing balance shown in the Account Book and with that in the head copyists hands.
### 511. In compiling the Extract Registers of Receipts and repayments of Deposits for submission to the Accountant General the items entered in the Deposit Registers of the Nazir without number shall not be reproduced in detail; the monthly totals only shall be entered at foot as amount of copying fees received from and repaid to head copyist. But the total amount repaid from the deposits made in each financial year shall be given separately. Thus supposing the total amount of copying fee repaid during a month was Rs. 175 the note might stand as follows :-
| | |
| --- | --- |
|
On account of deposits made in 1960-61
|
Rs. 023
|
|
On account of deposits made in 1961-62
|
Rs. 034
|
|
On account of deposits made in 1962-63
|
Rs. 118
|
|
Total:
|
Rs. 175
|
[Also see Rule 466 (9) (b)]
### 512. Early in March a list of items lapsing to Government shall be prepared, and this list, after being compared by the District Judge or the Judge in charge with the list of Unexpended Advances and the Register of Applications, shall be submitted to the Accountant General immediately after the 31st March, in accordance with S.R. 562 of the M.P. Treasury Code. Volume I. The list will show distinctly how much is now; to be credited to Government as lapsed, out of the amount received during each separate financial year. Thus, supposing Rs. 45 are to be credited to Government as lapsed, the note might stand as follows :
| | |
| --- | --- |
|
On account of 1960-61
|
Rs. 6
|
|
On account of 1961-62
|
Rs. 5
|
|
On account of 1962-63
|
Rs. 34
|
|
Total:
|
Rs. 45
|
Refund of accounts included in this list shall only be payable with the sanction of the Accountant General under S.R. 564 of the M.P. Treasury Code, Volume I.
Note. - The particulars of amounts submitted to the Accountant General by the Nazir under S.R. 560 of the M.P. Treasury Code, Volume I, should show the particular year on account of which there are balance of copying fees outstanding in the head copyist's register.
### 4. Copying Section ###
513.
The extent of copying staff at headquarters should be determined after taking into account the seasonal variation in work. The permanent staff should be sufficient to cope with the work during the slack season, additional work in the busy season being managed by the employment of section writers.
### 514. The head copyist shall furnish security in the manner laid down in Rule 450 foregoing for sum to be fixed by the District Judge. The sum to be fixed should not be less than 25 per cent in excess of the maximum cash balance fixed under Rule 505 foregoing. Similarly, the peon in the copying section at headquarters shall furnish personal security for Rs. 50 with two sureties for the same amount.
### 515. The head copyist should see that the work is distributed early enough to enable the copyist to begin their work punctually at 11 a.m. All copyists should, as far as possible, be trained copyist and no new candidate should be allowed to work in the section unless he is a trained copyist.
### 516. All copies should be typewritten as far as possible and for this purpose the number of typewriters should always be sufficient for the number of typists available in the section.
### 517. The standard daily outturn for copyists in typing 28 sheets in English, 23 1/3 sheets in Hindi or other language, writing 16 sheets or comparing 87 sheets of 240 words each. In order to reduce the monotony and increase the outturn it is desirable that all copyists should be given both copying and comparing work everyday. On this basis a pair of copyists should be able to give an average daily outturn of 34 sheets typed in English or 30 typed sheets in Hindi or other language and compared, or 24 sheets written and compared. For estimating the staff required and for similar calculations, a deduction of 10 per cent may be made from the above figure to allow for absentees on casual leave and inexperienced men in leave vacancies and the average outturn of a copyist may be taken as 15 sheets typed in English or 13½ sheets typed in Hindi or other language and compared, or 11 sheets written and compared.
### 518. In all applications for an increase of staff, it must be shown that the net income from copying fees is likely to continue to be sufficient to meet the cost of the proposed staff including their pension and leave-charges together with the probable expenditure on section writing. The pension and leave charges are one-fourth of tire annual cost of ministerial establishment and one-ninth of that of menials.
### 519. Section-writers should be employed only in the copying section attached to the office of a District and Sessions Judge. At an out-station where; copying is done one copyist is ordinarily sufficient, the necessity for posting another copyist to such a place should be considered only when the daily average outturn exceeds 11 sheets or, where a typist is posted, it exceeds 15 sheets.
### 520. When the amount of pending work exceeds that which can be completed by the section is seven working days the employment of section-writers may be regarded as necessary and typists in other sect,u.o may be diverted.
Note. - In estimating the pending work in sheets the average number of sheets of 240 words used for application, or for each copy to a lower Court, or to a Public Prosecutor in the preceding year will be a useful guide.
### 521. The maximum remuneration for section-writing is prescribed in Appendix VI, Volume II of the M.P. Financial Code, but this should not be given as a matter of course if competent section writers are available at lower rates. If, however, a writer brings and uses his own typewriter for preparing copies, he may be paid at the maximum rate so as to allow the wear and tear of his machine.
Note. - Section-writers should not be allowed to do any of their occupying or comparing work out of the ordinary court hours (11 a.m. to 5 pm.).
### 522. A report on the working of the section during the previous year with statistics in the following form should be submitted to the High Court by the 20th January each year. Copies of a judgement and a decree sent to a lower Court and copies of commitment proceedings in one case prepared for the public prosecutor should be counted as one copy for the purpose of columns 4 and 5, respectively, of the statement. The figure for column 16 (number of copyists required) is obtained by dividing the figure in columns 14 and 15 and that in column 15 by 10.5 and adding the two results. The work done by the stenographer in preparing copies of judgements and orders for lower Courts should be considered as work done in the copying section and should be shown in all relevant columns of the statements i.e., 4, 7, 9, 19 and 20. In column 21 should be shown the average number of days intervening between the date of presentation of an application for copy and the date on which the copy was ready for delivery, excluding the period during which copying had to be stopped for want of funds or of correct information.
Statement showing the work done in the copying sections of the Civil District.................during the year.............
| | |
| --- | --- |
|
Number of copies prepared for
|
Number of sheets prepared in copies for
|
|
Name of Station
|
Total number of working days
|
Parties
|
Lower Courts
|
Public Prosecutor
|
Parties
|
Lower Courts
|
Public Prosecutor
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
|
|
| | | |
| --- | --- | --- |
|
Name of sheets prepared
|
Average number of sheets prepared in a working
day
|
|
|
English Typed
|
Hindi or other language typed
|
English written
|
Hindi or other language written
|
Total
|
Typed
|
Written
|
Number of copyist required number
|
|
(9) |
(10) |
(11) |
(12) |
(13) |
(14) |
(15) |
(16) |
|
|
| | | | |
| --- | --- | --- | --- |
|
Existing staff
|
Average No. of sheets typed or compared by the
stenographer in the copying section per working day
|
|
Expenditure on
|
|
Head Copyist
|
Copyist
|
Typed
|
Compared
|
Average number of days taken to prepare copies
for parties
|
Receipts
|
Permanent Staff
|
Sectioners
|
Remarks
|
|
(17) |
(18) |
(19) |
(20) |
(21) |
(22) |
(23) |
(24) |
(25) |
|
|
Part VI – Chapter XXIV
------------------------
Legal Practitioner fees
### 523. [
[Substituted by Notification No. A/1866-1-14-1-38-IV-A, dated 25-3-1996, Published in M.P. Rajpatra, Part I, dated 19-1-1996.]
In suits and appeals decided on the merits, the fees ordinarily payable shall be calculated according to the following scale :-
(i) If the value of the claim does not exceed 5000/-10 per cent subject to minimum of Rs. 100/-
(ii) If the value exceeds Rs. 5000/- but does not exceed Rs. 25,000/-on Rs. 5,000/- as above and on the remainder 5 per cent.
(iii) If the value exceeds Rs. 25,000/- but does not exceed Rs. 50,000/-on Rs. 25,000/ as above and on the remainder 3 per cent.
(iv) If the value exceeds Rs. 50,000/- on Rs. 50,000/- as above and on the remainder 2 per cent subject to a maximum of Rs. 7,500/-
Explanation. - For the purposes of this rule, the value of claim on any suit or appeal shall be taken to be the value stated in the plaint or memorandum of appeal except where the value has been in issue in the suit or appeal in which case the value determined by the Court shall be taken to be the value of the claim. In cases in which the subject-matter of the claim does not admit of valuation or the pecuniary value of the right sought to be endorsed cannot be exactly defined, the fee may be calculated according to the valuation under Section 7, Act VII of 1870, for computation of the Court-fees payable or a reasonable fee may be allowed, regard being had to the time occupied by the proceedings in the case and the nature of the question raised].
### 524. In mortgage suits, the fees laid down in Rule 523 shall ordinarily be included in the preliminary decree. The Court may also allow a fee for the conduct of subsequent proceedings if they are of a contentious name, but this fee shall not exceed one-fourth of the amount calculated according to the scale in Rule 523.
### 525. In other suits in which a preliminary decree is passed, the Court may allow the fee either in the preliminary or in the final decree. In cases where it awards the fee in the preliminary decree and the subsequent proceedings are contentious, it may also on its discretion award in the final decree, a fee not exceeding one-fourth of the amount calculated according to the scale in Rule 523.
### 526. In cases which are undefended the fee shall be one-half of the amount calculated according to the scale in Rule 523 [subject to minimum of Rs. 50 in the High Court and subordinate Courts and Rs. 25 in Small Cause Cases.]
[Substituted by Notification No. A/1866-1-14-1-38-IV-A, dated 25-3-1996, Published in M.P. Rajpatra, Part I, dated 19-1-1996.]
### 527. hi cases for review of judgements and remands, the fee shall be one-half of the amount calculated according to the scale in Rule 523 [subject to the minimum of Rs. 50.]
[Substituted by Notification No. A/1866-1-14-1-38-IV-A, dated 25-3-1996, Published in M.P. Rajpatra, Part I, dated 19-1-1996.]
### 528. If several defendants who have a joint or common interest, appear by separate advocates and succeed upon a joint defence or upon separate defence or upon separate defences which are substantially the same, not more than one counsel's fee shall be allowed unless the Court otherwise orders for reasons to be recorded. If only one fee be allowed the Court shall direct to which of the defendants it shall be paid or shall apportion it among the several defendants in such manner as it thinks fit. But if several defendants who have separate interests, set-up separate and distinct defences and succeed thereon a reasonable fee for each of the defendants who appear by a separate advocate may be allowed in respect of his separate interest.
### 529. If several appellants or respondents appear by separate advocates, the appellate Court shall be guided in allowing separate fees by the principles laid down in the preceding rule.
### 530. (I) In miscellaneous appeals the fee shall be one-half of the amount calculated according to the scale in Rule 523 [subject to a minimum of Rs. 50.]
[Substituted by Notification No. A/1866-1-14-1-38-IV-A, dated 25-3-1996, Published in M.P. Rajpatra, Part I, dated 19-1-1996.]
(2) In proceedings under Section 18 of the Land Acquisition Act, the fees shall be one-half of the amount calculated according to the scale in Rule 523 on the amount or value of the right in dispute [subject to minimum of Rs. 50 and maximum of Rs. 2,000.]
[Substituted by Notification No. A/1866-1-14-1-38-IV-A, dated 25-3-1996, Published in M.P. Rajpatra, Part I, dated 19-1-1996.]
(3) In other miscellaneous proceedings for the execution of a decree, the fee shall be fixed by the Court with reference to the nature and importance of the proceedings, but shall not exceed one-fourth of the amount calculated according to the scale in Rule 523.
### 531. In cases of Probate and Letters of Administration, the fee shall be calculated according to the scale in Rule 523 when they are certified by the Court as contested, and according to the scale in Rule 526 when they are not contested.
### 532. A suitable fee not exceeding one-half of the amount calculated according to the scale in Rule 523 may be allowed by the Court to a junior consul appearing in the case.
### 533. No fee awarded shall include a fraction of a rupee, the fees calculated under the above rules being taken, where necessary, to the nearest rupee.
### 534. Save in the cases hereinafter excepted, no fee to any advocate shall notwithstanding anything contained in the above rules, be allowed on taxation between party or included in any decree or order unless the Deputy Registrar, in the case of the High Court, or the Judge, in the case of a subordinate Court, is satisfied that the fee was paid to the advocate before the delivery of the judgement or the making of order by which costs become payable and unless the party claiming to have the fee allowed shall, before the delivery of the judgement or the making of the order by which costs become payable, file a certificate signed by the advocate, certifying the amount of the fee actually paid by or on behalf of his client to him or to any other advocate in whose place he may have appeared :
Provided that in the certificates of fees filed by advocates engaged by the Government in cases in which the Central Government or the State Government is a party or in which Government undertakes the defence, or by a receiver in insolvency proceedings, it is sufficient to certify that a fee has been fixed (not paid) by Government or by the Insolvency Court, as the case may be.
Exception 1. - The Advocate-General, Deputy Advocate-General, Government Advocate or Government Pleader when appearing on behalf of the State Government or the Central Government or when appearing for the defendant in cases in which Government undertakes the defence.
Exception 2. - Any advocate appointed as Standing Counsel for any Improvement Trust, Municipal Corporation, Municipal Committee, Notified Area Committee, Janapad or similar quasi-Government Authority at a fixed remuneration and under conditions which require him to represent such authority in all legal proceedings without separate fee, when appearing for such authority :
Provided that a copy of the resolution of the Trust, Corporation, Committee, Janapada or Authority so appointing him and fixing the remuneration for appearing before the Courts on behalf of the Trusts, Corporation, Committee, Janapada or Authority is filed in Court.
### 535. The certificate shall, as far as possible, be in the following form:-
"In the Court of the................case No........of........... . between and...................
I hereby certify that in the above-named case the following fees were paid to me as my exclusive fee [or as my fee as well as that of.......................who was (or was to be) associated with me in the case] on the dates and by the persons specified below and that no portion of such fees has been returned and that no agreement for such return or remission has been made by me or by any one on my behalf [or on behalf of...............................who was (or was to be) associated with me in the case] :-
| | | | | |
| --- | --- | --- | --- | --- |
|
Date of payment
|
Amount paid
|
Name and address of person who actually made the
payment
|
Name of person on whose behalf payment was made
|
Remarks
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
|
|
|
Dates................
Signature of Advocate
Chapter XXV
Legal practitioner's cleric
--------------------------------------------
### 536. The expression "recognised clerk" means a clerk employed by a legal practitioner and permitted as such to have access to the Courts in which his employer is authorised to practice and to the offices attached thereto.
### 537. Two or more clerks of a legal practitioner may be recognised if the extent of practice necessitates their employment. Special care should be taken to see that this condition is satisfied in the case of practitioners of less than ten years' standing.
### 538. The District Judge shall maintain in the following form, a register of all recognised clerks employed in his district :
Register of recognised clerks of legal practitioners
| | | | | |
| --- | --- | --- | --- | --- |
|
Serial No.
|
Name
|
Father's name
|
Residence
|
Date of registration
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
| | | | |
| --- | --- | --- | --- |
|
Name of legal practitioner under whom employed
|
Courts in which the legal practitioner is
authorised to practice
|
Date of removal from the register with cause for
removal in brief
|
Remarks
|
|
(6) |
(7) |
(8) |
(9) |
|
|
Note. - The register will be open for inspection on payment of the usual fees prescribed for inspection of Court and other registers.
### 539. (1) Every application for recognition shall be made by a legal practitioner, by a letter addressed to the District Judge in the following form:-
"I beg that (name) .....................son of.....aged.................resident of ........................may be recognised as my clerk.
I have made due enquiries with regard to the character and qualifications of the candidate, and certify that in my opinion he is a fit and proper person to be recognised as a legal practitioner's clerk, under the rules made by the High Court of Madhya Pradesh. I also certify that he will be employed bona fide in my service for clerical work".
(2) The application shall state the legal practitioner's standing at the Bar, the name or names of the recognised clerks, if any, already in his service, and the educational qualifications of the person proposed to be employed as a recognised clerk.
### 540. An application for renewal of recognition shall be made by the legal practitioner to the District Judge before the 15th January of each year.
### 541. A fee of Re. 1 for recognition and an annual fee of Re. 1 for the renewal of recognition shall be payable in respect of each clerk. The fee payable for renewal will be Rs. 2 if the application for renewal is made after the date mentioned in Rule 540. The fee shall be paid in the shape of court-fee stamps affixed to the applications.
### 542. No person convicted of an offence involving moral turpitude shall be registered as a recognised clerk unless after taking into consideration the age, and antecedents of the person the circumstances in which the offence was committed, the interval since conviction and the conduct of the person during that interval, the District Judge is of the opinion that the conviction should no longer operate as a bar to the registration. No person shall be registered as a recognised clerk unless he is approved by the Bar Association, and unless the District Judge is satisfied that he has had a sufficient elementary education in Hindi and also in English if the legal practitioner employing him is practising in the High Court.
### 543. No person shall be admitted or continued as a recognised clerk if he is, or acts as, a recognised agent (mukhtyar) , either under a special or general power of attorney of any person other than the legal practitioner by whom he is employed.
### 544. The names with necessary particulars of recognised clerks registered in the office of a District Judge shall be intimated to subordinate Court and the District Magistrate. On receipt of the information the Judge, or the senior Judge, as the case may be, at outlying stations shall have the necessary entries made in the register which shall be maintained in the form given in Rule 538.
### 545. No clerk recognised as the clerk of one legal practitioner shall do business in Courts or in offices thereof on behalf of any other legal practitioner unless permitted- in writing to do so by his master on special occasions.
Note. - Two legal practitioners cannot be allowed to engage a single clerk. If a legal practitioner cannot employ a separate clerk he should do his own work. But one clerk may be allowed for two closely related legal practitioners, such as father and son or brothers.
### 546. No clerk employed by a legal practitioner shall be allowed access to the High Court or any Court subordinate to it, or to any of the offices attached thereto unless he is a recognised clerk.
### 547. (1) A registered clerk may act in all matters of a routine nature which do not require the personal attendance of legal practitioner such as-
(i) to present applications signed by his master for-
(a) copies of records,
(b) return of documents,
(c) issue of process with diet-money, if any,
(d) payment of incidental costs,
(e) translation and typing of evidence in the High Court.
(ii) to inspect records if authorised by his master and sanctioned by Court or other officer empowered to do so;
(iii) to file powers of attorney in favour of his master; arid
(iv) to identify, if required and if in a position to do so, persons making inspection of records or swearing affidavits.
(2) Acts which the law requires to be done by a party or his recognised agent, or by the pleader duly appointed on his behalf, such as the presentation of a plaint, or memorandum of appeal shall not be allowed to be done by a recognised clerk.
(3) When a recognised clerk received any money from his master's employer he shall give to the employer a receipt for the amount received by him specifying exactly what the money was received for, e.g., writing fees or costs, and if for costs, for what costs, e.g., plaint, process-fee, pleader's fee etc. The details shall be set out separately either in the receipt itself or on a separate piece of paper attached to it.
(4) No writing fee exceeding the rate prescribed for the time being for petition writers shall be included in the taxed costs and no such fee shall be taxed unless a certificate signed by the clerk and countersigned by the pleader is filed before the date of decision :
Provided that a Judge may in his discretion for reasons to be recorded award more than the rate prescribed for the petition writers.
### 548. The District Judge, for reasons to be recorded in writing, and after hearing the clerk in his defence, if he so desires, order the removal of any recognised clerk and strike off his name from the register, and on the passing of such order the clerk shall cease to be a recognised clerk. Every such order shall be communicated to all concerned as in Rule 544.
Note. - Proceedings taken against clerks under this rule are administrative and not judicial proceedings.
### 549. No person removed under the preceding rule shall be recommended for registration by any legal practitioner at the same or at any other station unless he has been declared to be eligible for registration under Rule 551.
### 550. The name of a recognised clerk found on enquiry under Rule 548 using the Court premises for private purpose, such as preparation of documents unconnected with the case in which his master is engaged, may be struck off from the register.
### 551. The District Judge may at any time revise the order passed by him under Rule 548 and may, for reasons to be recorded in writing, reinstate the person removed or declare him eligible for registration.
### 552. Whenever, a pleader ceases to employ a recognised clerk he shall notify the fact to the District Judge and shall also briefly state the reason why he has ceased to employ him. On receipt of this information the name of the clerk shall be struck off the register and all concerned shall be informed as in Rule 544.
Chapter XXVI
Quasi-judicial and non-judicial duties of the clerk of Court and deputy clerk of Court
--------------------------------------------------------------------------------------------------------
### 553. The clerk of Court or a deputy clerk of Court may receive plaints, memoranda of appeal or applications and sign or initial amendments made before registration in memoranda of appeal, if he is appointed in this behalf by a formal order in writing specifying Order IV, Rule 1, Order XLI, Rule 1 (1) , Order XXI, Rule 10 or Order XLI, Rule 3 (3) of the Code of Civil Procedure as the case may be.
### 554. If the clerk of Court or a deputy clerk of Court is appointed officer to administer the oath of affidavits made under the Code of Civil Procedure he should perform that duty only in respect of affidavits to be filed in Courts under the control of the District Judge and at such time as may be fixed by the District Judge.
### 555. It shall also be the duty of the clerk of Court-
(a) to send a certified copy of judgement, decree or order disposing of an appeal to the lower Court concerned under his own signature and the seal of the Court;
(b) to maintain a General Check Register of all statements and returns due from and to the officer of the District Judge and examine and note on them;
(c) to examine once a month the records deposited in the record room with a view to finding out whether they have been properly classified and arranged and whether the court-fee labels have been properly punched and their value correctly noted and to report to the District Judge on it or on any other matters which appear to call for notice;
(d) to examine daily the Nazir's General Cash Account and Classification Register;
(e) to pass orders of payment on contingent vouchers of usual and petty expenditure upto such amount, not exceeding [Fifty rupees]
[Substituted by Notification No. A-2051-III-1-5-57-CH-26, dated 3-3-1997, for rupees 'five'.]
as may be fixed in each case by the District Judge;
(f) to inspect once a quarter the Nazarat, record room and copying section and to record his inspection notes for the orders of the District Judge;
(g) to inspect once a quarter the registers of each Court, at the headquarters and to record his inspection note for the orders of the District Judge; and
(h) to check the daily account maintained by the process-writers at the headquarters and at out-stations from time to time.
Note 1. - If any Court or office section is inspected by the District Judge in any quarter, the registers of that Court or the office section need not be inspected by the clerk of Court in that quarter.
Note 2. - The District Judge may assign to a deputy clerk of Court any of the above duties except the one in clause (e) .
### 556. Nothing herein contained shall in any way derogate from the general responsibility of the clerk of Court for the smooth and efficient working of all sections of the office and for seeing that prompt attention is given to all complaints and inquiries made by the members of the public having business in those sections or in the Courts.
Part VII – Forms and stationery, annual inspections, etc.
-----------------------------------------------------------
Chapter XXVII
Forms and stationery
---------------------------------------
### 557. In every office an officer should be specifically placed incharge of forms and he will be held generally responsible to the head of the office for the proper custody, account and issue of forms and for the timely submission of indents. An official should also be deputed to keep the register of receipts and issues of blank forms in the prescribed form and look after the forms.
Note 1. - At the headquarters the clerk of the Court or the deputy clerk of Court and at the outlying stations, the Presiding Officer of the Court or where there are two or more Courts, the Senior Judge may be kept in-charge of the forms.
Note 2. - At the head-quarters, the Librarian-cum-Forms clerk and at the outlying stations, the Naib-Nazir shall deal with the receipt and issue of blank forms, except receipt books, and maintain the register in the prescribed form.
Note 3. - Attention of the officers-in-charge of forms and of the officials dealing with the receipt and issue of forms is drawn to the provisions of Rule 36 of the Madhya Pradesh Forms Rules, 1961 and to S.R. 60 of the M.P. Treasury Code, Volume I.
### 558. Forms should ordinarily be issued on a fixed day, once a month as may be most convenient. The forms clerk should never issue any forms without a written requisition endorsed by the officer-in-charge who should carefully scrutinise all requisitions and see that they are reasonable and that forms are not asked for indiscriminately.
Notes. - It should be noted that new forms can be printed and old ones, except Judicial Forms, altered only with the approval of the State Government. Applications for the introduction or modification of a judicial form should be made to the Registrar, High Court of Madhya Pradesh, Jabalpur.
### 559. Indents form District Judges for forms should include the requirements of all Courts subordinate to them and these indents, consolidated according to schedule, should be sent direct to the Government Press at the place shown below:-
| | | |
| --- | --- | --- |
|
Schedule No.
|
Name of Schedule
|
Location of the Government Press where the
schedule is being handled.
|
|
(1) |
(2) |
(3) |
|
I
II
V
X
XV
XXII
|
Account
Civil Judicial
Criminal Judicial
General English
Official Routine
Treasury
|
Rajnandgaon
Indore
Indore
Rewa
Rajnandgaon
Gwalior.
|
### 560. The dates for the submission of the indents for forms as given below should be strictly adhered to:-
| | | | |
| --- | --- | --- | --- |
|
Name of Schedule
|
No. of Schedule
|
From outlying stations to the District and
Sessions Judge
|
By the District & Sessions Judge to the Press
|
|
(1) |
(2) |
(3) |
(4) |
|
Accounts
Civil Judicial
Criminal Judicial
General (English) Officer Routine
Treasury
|
I
II
V
X
XV
XXII
|
15th January
23rd November
5th March
15th March
14th October
15th December
|
15th February
23rd December
25th April
15th April
15th November
15th January
|
### 561. Indenting officers should satisfy themselves before signing an indent that it has been properly prepared, that the quantities indented for are reasonable and that no supplementary indent will be necessary during the year.
Note. - Attention of the Indenting and Controlling Officers is drawn to the provisions of Rules 15, 17 and 18 of the Madhya Pradesh Forms Rules, 1971.
### 562. Indents from District Judges for stationery should include the requirements of all Courts subordinate to them and be sent direct to the Superintendent, Government Stationery and Text Books, Madhya Pradesh, Bhopal by the end of December.
### 563. Before signing an indent for stationery the indenting officer should satisfy himself that it has been properly compiled and that in the case of each article for which a scale has been prescribed, the scale has not been exceeded and that in tire case of other articles the indent actually represents the probable requirements of the year.
Note. - Stock balance should be maintained by District Judges at such a level as would suffice to last up to the middle of May succeeding.
### 564. District Judges should, when inspecting offices subordinate to them inquire carefully into the consumption of stationery and forms and see that strict economy is being observed and that the Stationery and Forms Rules are being properly complied with.
Chapter XXVII
Annual inspections
-------------------------------------
### 565. (1) Once at least in every year the District Judge shall personally inspect all the Courts and offices at the headquarters of his district. He will examine closely the work of the clerk of Court, deputy clerk of Court, accountant, record-keeper, statistical writer, copying staff, nazir and petition writers.
(2) The Courts at outlying stations shall be inspected by the District Judge once a year. If he cannot arrange to inspect any of those Courts himself he should depute an Additional District Judge for the purpose.
(3) At each inspection an inspection note shall be recorded.
Note 1. - There should be no need for a District Judge to make a long tour for the purpose of inspection. It will often be advantageous to arrange inspections when the Judge is necessarily visiting a place to hold sessions.
Note 2. - The annual inspection does not exhaust the District Judges responsibilities in the matter of inspection. Time allotted for sessions and not eventually required can conveniently be used for surprise inspections. It should be remembered that a truer view of the working of a Court can often be obtained from such surprise inspection than from the annual inspection of which ample notice is usually given.
### 566. The object of inspection is to satisfy the District Judge and through him the High Court that the Courts are functioning properly, that rules are understood and followed and that work is disposed of promptly and regularly. At the same time the inspection officers, the District Judge an opportunity of helping and instructing his Civil Judges and of correcting faults in procedure which would not normally require reference in appellate judgement and full advantage should be taken of this opportunity. While the note should be sufficiently full to indicate that the inspection has been thorough it should be as concise as possible. It is unnecessary to refer to trivial matters which can conveniently be set right by oral instructions. It is also unnecessary to refer to instructions which are being correctly followed. It is enough if matters in which instructions are not followed are pointed out. It is equally unnecessary to include lengthy transcripts of order sheet entries or to indicate at length the progress of a case unless the procedure followed requires correction or comment. It is desirable that criticisms of procedure should be coupled with advice as to be correct procedure. It is also desirable to include a paragraph summarizing the Judge's work and control and giving an estimate of his capabilities as judged from the inspection. Inspection work with its opportunities for helping junior Judge's and for improving the standard of the judicial administration generally, is one of the more important aspects of a District Judge's work and is an aspect to which he should devote considerable attention. Unhelpful and routine notes are to be too strongly deprecated.
### 567. The inspection of a Court shall extend to the office and establishment of the Judge whose Court is inspected and cover the state of the building or the court-room and of the office furniture, the conditions of the library and of the stock of forms and stationery the working of the rules relating to the petition-writers the efficiency of the copying and process serving staff, the maintenance of the prescribed registers, the correct preparation of the periodical returns and the classification and arrangement of records. It should also be ascertained whether there exists for each Court and establishment a written order distributing the work among its ministerial officers and whether each officer has a typed copy detailing his own duties and has a full day's work.
### 568. If the District Judge requires the help of the clerk of Court or any other ministerial officer he may allow him to examine only the work of the Ministerial establishment. In no case shall the District Judge allow the clerk of Court or the ministerial officer to examine the judicial diary and the records, whether pending or disposed of or to offer any remarks on the work of judicial. Although the clerk of court or other ministerial officer may draft the portion of the note dealing with the work of the ministerial establishment, the responsibility for the note as a whole is that of the District Judge and no remarks adversely criticizing any official which may affect that official's further should be included unless the District Judge is satisfied that the remarks is justified.
### 569. The District Judge should examine not only the pending records of the Court but also a number of disposed of cases. He should pay special attention to long pending cases in order to see whether delay has been caused by inadequate control or incorrect procedure. A number of matters requiring his particular attention have been indicated in preceding rules and they should invariably be the subject of comment. In addition such matters as punctuality in attendance, satisfactory arrangement of work, legibility, control and inspection of subordinates should be touched on.
Note. - The remarks made in the inspection note should invariably be considered while making yearly and half-yearly confidential reports on the officer concerned.
### 570. (1) Inspection notes other than those of officers at headquarters should be typed in duplicate. Every note should be divided into numbered paragraphs and typed on good paper of foolscap size, both sides of each half sheet being utilised. Each sub-paragraph should be given in sub-number of furnished with a side heading, so that reference to any portion of a paragraph dealing several matters may be facilitated. The other half of each side will be occupied by the inspecting officer's remarks and at the inner edge a margin of one inch wide will be left for binding; the intervention space will serve for memoranda of explanation and compliance brief enough to be conveniently entered therein. Where more than a brief explanation or report of compliance is called for, a separate half-sheet should be used for the purpose.
(2) When the note is prepared in duplicates the original note should be filed in the District Judge's Office and the duplicate should be sent to the Judge concerned, who will report thereon to the District Judge that action has been or is being taken with regard to the matters which call for action of explanation.
Notes. - When an officer has left the station before or after the inspection and such defects and irregularities as call for his explanation or report are found in his work, a copy or extract from so much of the inspection note as concerns him should be forwarded to him through the District Judge under whom he works, for report.
### 571. On the 15th January each year the District Judge shall submit to the High Court a statement of inspections made during the previous year in the following form. A similar statement should be submitted on the 15th April, July and October of inspections made in the previous quarter:-
Statement of the Court and office establishment in the......
District inspected during the quarter/year ending....
| | | | | |
| --- | --- | --- | --- | --- |
|
Name of each Court and establishment of which
inspection is required
|
Date of last inspection
|
Date of sending copy of inspection note by the
District Judge to the Court concerned
|
Date of returning copy of inspection note by the
Court concerned to the District Judge
|
Explanation of failure to inspection
|
|
1
|
2
|
3
|
4
|
5
|
|
|
Note. - The statement should be written up from time to time as inspections are made.
### 572. The High Court may send for any note of inspection recorded by the District Judge and pass such remarks thereon as it may think fit. If necessary it may call for further explanation or report from the Judge or Judges concerned. After perusal the note will be returned to the Court concerned through the District Judge.
### 573. Discussion of collateral questions or matters of special interest or importance (for example, the need for modification or introduction of a rule) or of questions of doubts or difficulty arising from the rules and orders of the High Court and any suggestion in that direction should not find place in the inspection notes, but should form the subject of a separate reference.
Chapter XXIX
Correspondence and despatch of papers by post
---------------------------------------------------------------
### 1. Correspondence A. Registration
### 574. A register of correspondence received in, and issued from, the office of the District and Sessions Judge shall be kept in the prescribed from (Form No. XV-80). The serial numbering (column 1) shall commence afresh on the 1st January each year. The date, month and year and the day of the week shall be written in red ink across the page above the entries for each day.
### 575. (1) Letters and memoranda received shall at once be registered before being put up (with appropriate reference) for orders and those to be issued shall be registered on the day of despatch and shall bear the date of that day.
Note. - Correspondence with subordinate Courts including small cause Courts in the district should be conducted by memoranda and not by official letters.
(2) The following documents only shall be entered in given number in the correspondence register:-
(a) Letters, official and unofficial memoranda and endorsements forwarding any document which is registered, except those of an ephemeral nature.
Note. - Circular letters or memoranda which are sent to a number of officers shall be given only one number in the register.
(b) Objection statements received from the Accountant General or Treasury officer and replies thereto.
(c) Endorsements forwarding notice for publication in the Madhya Pradesh Gazette, if not of a judicial nature.
(d) Petitions for mercy.
(3) The following documents should not be registered:-
(a) Letters, official and unofficial memoranda and endorsement of an ephemeral nature.
(b) Application for appointment in ministerial service, whether received from other offices or from outsiders.
(c) Periodical returns unaccompanied by letters or memoranda.
(d) Reminders.
(e) Memoranda calling for or acknowledging the receipt of records, if not in letter form.
(f) Demi-official letters.
(g) Endorsements forwarding notices for publication in the Gazette in connection with a judicial proceeding, e.g., insolvency notices, etc.
(h) Postal copies of telegrams.
(i) Charge reports.
### 576. The correspondence clerk shall note in red ink, on the face of each issue, immediately below the register number, the serial number of the major head, the minor head and the case file to which it belongs, and enter other details in column 7 of the correspondence register. If the letter or memorandum be eventually placed in a personal file or a bundle file under Rule 614 or 615, infra, he shall write "P.F." or "B.F." below the register number.
### 577. If a receipt can be brought on a pending file it should be brought on that file; otherwise a new case file should be opened, numbered and entered in the index of case files. The number of the major head, the minor head and the case file to which it belongs shall be noted in each letter in red ink under the serial number. The file should then be put up with papers if any, which will be required for reference in disposing of it. To avoid multiplication of case files great care should be taken in opening new case files. The serial number of the case file with major and minor heads on which each document received during the day has taken shall be entered in column 7 of the Correspondence Register. No case file shall be opened for papers of an ephemeral nature and no reminders shall be filed in case files. Papers of an ephemeral nature and reminders shall be put up on routine note sheets.
### 578. On the first day of each month the entries in the Register of Receipts and Issues shall be examined and all unanswered references pending more than fifteen days shall be brought to a pending list (Form No. XV-83). The clerk of Court is responsible for the correctness and completeness of this list and shall lay it, not later than the 7th of each month, before the District and Sessions Judge for perusal and orders.
### 579. While under disposal the papers relating to one subject shall be kept tagged together on a file board in chronological order, the earliest paper being uppermost and all note-sheets being placed on the top. The paper under disposal should be turned over so as to be immediately below the note sheets.
B. Records
### 580. New case files, when opened, shall be entered in the index of case files (Form No. XV-86) which shall typed day by day as new case files are formed, a separate page or pages being allotted to each minor head. The sheets of the index for tire current year shall be kept in file boards, one board for each major head. At the end of the year the index shall be bound in one volume.
### 581. Records shall be arranged under the major and minor heads prescribed in Schedule I annexed. Under each minor head papers shall be arranged in case file, each case file dealing with one subject and the serial numbering commencing afresh at the beginning of each calendar year :
Provided that subjects on which there are constant unimportant references may be treated in one case file for the whole year :
Provided also that correspondence which begins in one year and ends in another shall be treated as belonging to the year in which it was started. Any letter or memorandum which affects the disposal of, or is not likely to be referred to, otherwise than in connection with a judicial case, may be filed with the record of that case, and when a letter or memorandum is so filed the description of the record shall be noted in column 7 of the Register of Receipts and Issues.
### 582. (1) The papers in a case file shall be arranged in the following order:-
(a) Note sheets.
(b) Correspondence in chronological order.
(2) When arranging papers for record each sheet shall be paged on the front only, i.e., only old pages will be numbered and the whole bound in a case file cover (Form No. XV-68). All entries regarding previous and subsequent references shall be made in the spaces provided for the purpose on the front of the case file cover. If any paper is subsequently removed from a case file a slip showing what has become of the paper shall be inserted in its place.
### 583. All the case files of one year under the same major head shall be kept together between double file boards bearing a label which should show the major and minor heads and the year to which the files relate. No case file shall be removed from its place without a requisition slip (Form No. 11-210) being put in its place. When the file is returned the requisition slip shall removed and destroyed.
### 584. The bundles of case files under each minor head shall be arranged in sequence under each major head and the compartments of the almirahs or record racks shall have labels showing the numbers of the major and minor heads and the year to which the files belong.
### 585. Personal files shall be maintained for menials and process-servers. All papers concerning these officials shall be kept in these files save those relating to matters of appoint and leave. All personal files shall be paged and indexed shall have front sheet showing punishment awarded from time to time. Papers regarding the appointment and leave of these menials shall be filed in case files specified in Rule 618.
Note. - Papers relating to casual leave shall be kept in bundle files.
### 586. Papers of an ephemeral nature and reminders shall be kept in bundles. Correspondence regarding indents and the undermentioned periodical returns shall, notwithstanding in the foregoing rules, be kept in bundles along with the connected indents and returns, respectively, and shall be arranged as follows:-
(a) Papers of an ephemeral nature and reminders shall be kept in monthly bundles and these bundles for a year shall be kept together.
(b) Indents-All papers for a year shall be kept together.
(c) Monthly and half-yearly returns of civil work. The returns and connected papers for all parts of the same year shall be kept together.
(d) Quarterly Criminal Statements-The statements and connected papers for all quarters of the same year shall be kept together.
(e) Annual Civil and Criminal Notes and Statements--The District Civil Note shall be kept with the statements and other connected papers. All papers connected with a District Criminal Note shall be kept together arranged, where there are more districts than one in the sessions Division, by districts. The sessions Judge's note will be kept with the statements and other connected papers, but separately from papers connected with the District Notes.
(f) Tahsildar and Tahsildar Statements-All papers for a year shall be kept together.
### 587. (1) Elimination shall be carried out by destroying the entire case files or parts thereof which contain unimportant papers. The case files of the fourth preceding calendar year shall be examined during the Civil Court vacation of each year and the entries in the index regarding the case files which according to Schedule II annexed, are liable to elimination shall be marked with the letter D in red ink. These case files shall then be collected together and scrutinised by the clerk of Court, who shall refer any doubtful case to the District and Sessions Judge for orders. [The elimination may be done by shredding or by such other mode as the District Judge may deem proper]
[Substituted by Notification No. 17/E/47/21-B/1I/94, dated 15-1-1996.]
.
(2) Papers relating to the following subjects should be preserved for not less than the periods prescribed against them:-;
| | |
| --- | --- |
|
Subject
|
Period of preservation
|
|
(1) |
(2) |
|
1.
|
Invalid pensions(a) Superior servants....(b) Inferior
servants....
|
25 years5 years
|
|
2.
|
Other kinds of pensions and gratuities
|
5 years
|
|
3.
|
Correspondence in cases in which pensions were sanctioned by a
higher authority than District Judge
|
3 years
|
|
4.
|
Service Books
|
As prescribed by State Government from time to time.
|
Note 1. - The periods shall be reckoned from the date of retirement or date of sanction of pension whichever is later.
Note 2. - When a pensioner is dead the record shall be preserved for 5 years from the date of sanctioning family pension.
Note 3. - Attention is also drawn to the rules contained in Appendix 12 to the M.P. Financial Code, Volume II.
(3) The personal files of Advocates and Pleaders shall be destroyed after the death of the Advocate or Pleader.
(4) The personal files of process-servers and other menials should be preserved for the following periods:-
(a) In case of resignation or death - Three years.
(b) In case of retirement-Five years.
(c) In case of dismissal or removal - Twelve years.
### 588. The papers mentioned in clauses (a) , (b), (c) and (d) of Rule 586 shall be eliminated after two years from the close of the year to which they relate. The papers mentioned in clauses (e) and (f) shall be eliminated after five years from the close of the year to which they belong.
D. Gazettes, printed serials, etc.
### 589. One copy of each Gazette, printed report or other printed publication of similar nature which is received in office shall be kept for permanent record. Such publication shall be arranged in order, series by series in the shelves set aside for the purpose. Periodical publications, such as Gazette, shall be properly and promptly bound. Spare copies shall be kept apart and when the space occupied by them becomes excessive, the fact shall be reported to the High Court for orders regarding their disposal.
### 590. The following shall be preserved for the period shown against each:-
| | | |
| --- | --- | --- |
|
S. No.
|
Name of register
|
Period of preservation after each register is
completely filled
|
|
(1) |
(2) |
(3) |
|
1.
|
Casual Leave Register of officers (Form No. XV 123).
|
|
|
2.
|
Casual Leave Register of office, establishment (Form No. XV
123).
|
|
|
3.
|
Station Dak Book (Form No. XV 9).
|
One year.
|
|
4.
|
Outstation Dak Book with stamp account (Form No. XV 79).
|
|
|
5.
|
Attendance Registers (Form No. XXVI50).
|
|
|
6.
|
Register of correction list to Manuals, Codes, etc. (Form No.
XV 8).
|
One year.
|
|
7.
|
Stock Book of Stationery.
|
One year.
|
|
8.
|
Stock Book of Form (Form No. XV 5).
|
One year.
|
|
9.
|
Stock Book (Form XV 118).
|
Four years.
|
|
10.
|
Contingent Register (Form No. I 72).
|
Five years (complete account years)
|
|
11.
|
Register of Furniture.
|
Five years
|
|
12.
|
Register of Receipts and Issues (Form No. XV 80).
|
Ten years
|
|
13.
|
Index Register of case-files (Form No. XV 86).
|
For ever
|
|
14.
|
Office Order Book.
|
Do
|
|
15.
|
Register of recognized clerks of legal practitioners.
|
Do
|
|
16.
|
Register of Licensed Petition writers (Form No. 11 83).
|
Do
|
I
---
| | |
| --- | --- |
|
|
I-Judicial.
|
|
Major Head
|
II-Administrative.
|
|
|
III-Finance.
|
|
|
IV-Works.
|
Minor Heads under each Major Head
| | |
| --- | --- |
|
I-Judicial
|
II-Administrative
|
|
No.
|
Name
|
No.
|
Name
|
|
(1) |
(2) |
(3) |
(4) |
|
1.
|
Administrator - General
|
1.
|
Arrangement and elimination of records - Administrative.
|
|
2.
|
Appeals
|
2.
|
Arrangement and elimination of records - judicial
|
|
3.
|
Arrangements for holding sessions.
|
3.
|
Confidential reports
|
|
4.
|
Bills
|
4.
|
Copyists
|
|
5.
|
Civil powers
|
5.
|
Departmental examinations
|
|
6.
|
Civil reports and returns
|
6.
|
District and Sessions Judge-Appointment, leave, transfers,
etc.
|
|
7.
|
Copying
|
7.
|
Forms
|
|
8.
|
Criminal lunatics
|
8.
|
Inspection of Courts
|
|
9.
|
Criminal powers
|
9.
|
Inspection of jails
|
|
10.
|
Criminal reports and returns
|
10.
|
Loss or theft of records
|
|
11.
|
Distribution of Civil returns.
|
11.
|
Ministerial establishments of district and sessions judges
|
|
12.
|
Insolvency
|
12.
|
Miscellaneous
|
|
13.
|
Jurors and assessors
|
13.
|
Recognised clerks of legal practitioners
|
|
14.
|
Legal Practitioners Act
|
14.
|
Petition-writers
|
|
15.
|
Miscellaneous
|
15.
|
Process-serving establishment
|
|
16.
|
Nazarats
|
16.
|
State Civil Service (Judicial Appointments, leave, transfer,
etc.)
|
|
17.
|
Petition-writing
|
17.
|
Public Prosecutors.
|
|
18.
|
Probate and Letters of Administration
|
18.
|
Purchase and supply of books and printed publications
|
|
19.
|
Process-serving
|
19.
|
Reports and returns other than civil and criminal
|
|
20.
|
Rules under the Madhya Pradesh Civil Courts Act
|
20.
|
Service books and character rolls
|
|
21.
|
Rules under Civil Procedure Code
|
21.
|
Stationery
|
|
22.
|
Rules under Criminal Procedure Code.
|
22.
|
Vacation and Holidays
|
|
23.
|
Rules under other Acts.
|
|
|
|
24.
|
Sessions cases.
|
|
|
|
25.
|
Suits to which Government is a party
|
|
|
|
26.
|
Suits and cases-other
|
|
|
|
27.
|
Supply of Acts
|
|
|
|
28.
|
Unclaimed Property
|
|
|
|
29.
|
Wards
|
|
|
| | |
| --- | --- |
|
III-Finance
|
IV-Works
|
|
No.
|
Name
|
No.
|
Name
|
|
(1) |
(2) |
(3) |
(4) |
|
1.
|
Advances
|
1.
|
Major works
|
|
2.
|
Budget
|
2.
|
Minor works
|
|
3.
|
Contingencies
|
3.
|
Miscellaneous.
|
|
4.
|
Deposits
|
4.
|
Repairs
|
|
5.
|
Diet-money
|
5.
|
Residential buildings
|
|
6.
|
Embezzlement
|
6.
|
Transfer of Buildings
|
|
7.
|
Grain Compensation
|
|
|
|
8.
|
Life insurance and provident funds
|
|
|
|
9.
|
Miscellaneous
|
|
|
|
10.
|
Pensions and gratuities
|
|
|
|
11.
|
Permanent advance
|
|
|
|
12.
|
Refunds and remission
|
|
|
|
13.
|
Salaries and Allowances
|
|
|
|
14.
|
Securities of officials
|
|
|
|
15.
|
Supply of liveries, belts and badges, etc. to peons
|
|
|
|
16.
|
Tauzis
|
|
|
II
----
| | | |
| --- | --- | --- |
|
Section
|
Description of documents
|
Illustrations
|
|
(1) |
(2) |
(3) |
|
I.
|
Correspondence relating to ephemeral details of
administration, including forwarding letters, reminders, letters
calling for proceedings, acknowledgments, etc.
|
Correspondence and papers on the
following subjects:-
Liveries, badges, and belts for peons, purchase of furniture,
supply of stationary and forms. Delivery and despatch of
packages, supply of typewriters. Security of officials. Transfer
of prisoners to and from other provinces. Sanction to incur
unusual contingent expenditure. Purchase of Books, Investiture of
officers with civil and criminal powers. Distribution of work.
Temporary establishment. Appearance at departmental examination,
exemption therefrom, etc. Lists of Pleaders and Advocates, etc.
Supply of Acts, printed reports etc., and their distribution.
Supply of circulars, etc. Monthly Tauzis, Budget estimates
permanent establishment returns. Return of probates.
|
|
II.
|
Papers affecting the rights of individuals or their official
positions, if final orders have been passed.
|
Office copies of salary bills, travelling allowance bills.
Intimation slips of salaries and allowances. Refund Orders.
|
|
II.
|
Application for appointment, leave, etc., if the
subject-matter of the application has been finally disposed or.
|
Applications for posts in the Ministerial line. Correspondence
regarding (1) leave applications, (2) transfers of judicial
officers and Ministerial staffs, (3) confirmation; promotion or
reduction of officials.
|
|
IV.
|
Papers relating to minor work.
|
Correspondence relating to minor works.
|
### 2. Despatch of Papers by Post ###
591.
The records or papers to be sent should, if packing is necessary be packed and labelled by the Court clerk or by the dafter. The Court clerk should write the address on the cover or the packet and the enter the cover or the packet in the station dak book and send it with that book to the clerk of Court's muharrir. The entry in column 4 of the station dak book (person to whom sent) should be "clerk of Court's muharrir", while in column 3 (Brief description of paper or article sent) should be written "close cover (or packet) addressed containing ... the name of the peon who takes the cover or packet to the clerk of Court's muharrir should appear in column 6 (Remarks) . The clerk of Court's muharrir should put his signature in column 5 against each item receive. He should then affix the necessary service postage stamps and after entering the cover or packet in the outstation dak book sent it to the post.
### 592. The procedure laid down in the preceding rule should be followed at outlying stations, the Naib-Nazir taking the place of the clerk of Court's muharrir and the necessary packing being done by the Court clerk or the farrash.
### 593. Packets or covers containing records should invariably be sent by registered post. Expenditure on postage should be kept as low as possible. Letters or memoranda addressed to different officers individually should be sent in separate covers whether or not the offices sit in the same building. In the case of outstations having one or more Courts, everything connected with the Court office should be despatched in one envelope and this may include summonses issued from a common Nazarat, though of different Courts. A parcel must not contain more than one written communication of the nature of a letter or memoranda; it should contain only one relating to the parcel alone.
Rules for Petition Writers
General
(1) In these Rules-
"Petition" means a document written for being presented to a Civil Court and includes a plaints, written statement and memorandum of appeal.
"To practise as petition writer" means to write petitions as defined above for hire and includes the writing of a single petition for hire. A petition-writer is said to practise in a Court when he writes petitions for the purpose of being presented to that Court.
(2) No person shall practise as petition-writer unless he has been duly licensed under these Rules :
Provided-
(a) that any person licensed under any rule either to enforce shall be deemed to have been licensed under these rules;
(b) that no such licence is necessary in respect of a petition meant to be presented to a Court in which a legal practitioner is entitled to practise if the petition is written by him or by his clerk and is signed by the legal practitioner.
(3) No petition shall be rejected merely on the ground that it has been written by a person who is not a licensed petition-writer. Every petition shall show clearly the name and designation of the person by whom it has been scribed and the Court may refuse to accept a petition which does not comply with this direction.
Licensing of Petition-Writers
(4) The number of licences to be granted under these Rules shall be in accordance with the scale fixed by the District Judge for his district. The scale may be altered when necessary, but licences should not be granted indiscriminately without reference to the fixed scale.
(5) Any person above the age of 20 years may apply to the District Judge of the district in which he desires to practise for being licensed as a petition-writer.
(6) (i)
The application shall be written by the application qirh hia own hand and shall state-
(a) the applicant's name, father's name, date of birth according to the English Calendar, residence, educational qualifications and present occupation (if any);
(b) the language or languages with which the applicant is acquainted;
(c) the names of two respectable persons to whom reference may be the applicant's character.
(ii) If the applicant has been convicted of any criminal offence or removed from Government service, the fact shall be stated in the application.
(iii) If the applicant is in the service of Government or of a legal practitioner, his application shall state that he is prepared to resign such service on being licensed as a petition-writer.
(7) The District Judge to whom the application is made may, in his discretion, on being satisfied-
(a) that the applicant is over 20 years of age;
(b) that he is of good character; and
(c) that he is otherwise eligible;
grant the applicant a licence in the prescribed form. No person shall be licensed as a petition-writer whilst he is in the service of Government or of a legal practitioner.
(8) Every appointment will be probationary in the first instance and no probationer will be confirmed unless he satisfies the District Judge-
(a) that he is able to draw up in a legible hand a clear and concise application, plaint, written statement or memorandum of appeal in the language of the Court in which he practises;
(b) that he is acquainted with the provisions of the Civil Procedure Code, the Court Fees Act, the Stamp Act and the Limitation Act, so far as Knowledge of these Acts is necessary for the efficient performance of the duties of a petition-writer.
(9) A register of licensed petition-writer should be maintained in the prescribed form in the office of every District Judge. A page or pages of the register will be set apart for each petition-writer.
Conduct of Petition-Writers
(10) Every licensed petition-writer shall maintain a register in the prescribed form and shall enter therein every petition written by him, and shall produce the register for the inspection of any judicial officer when required to do so.
(11) Every licensed petition-writer shall, at his own expense, provide himself with an official seal of the following pattern.
Seal
(12) Every licensed petition-writer in writing petitions, shall confine himself to expressing in plain and simple language such as the petitioner can understand, and in a concise and proper form, the statements and objects of the petitioner, and shall not introduce any argument or quotation from a law report or other law book, or refer to any decision not brought to his notice by the petitioner.
(13) Every licensed petition-writer shall affix his seal (with his name and license number filled in) on every petition written by him and shall enter on such petition the number which it bears in his register and the fee which has been charged for writing it.
(14) Every licensed petition-writer shall re-write, at his own cost, any petition written by himself, when required to do so by the order of a competent authority.
(15) (i)
A licensed petition-writer shall charge such fees only as may be prescribed by the District Judge not exceeding the scale hereto annexed. He shall note in the petition and also in the appropriate columns of his register the amount actually received by him.
(ii) A licensed petition-writer shall not take payment for his service by an interest in the result of any litigation in connection with which he is employed and shall not find out contribute towards the funds employed in carrying on any litigation in which he is not otherwise personally interested.
(iii) Every licensed petition-writer shall give to his employer a receipt for the amount received by him specifying exactly what the money was received for, for example, writing fees or costs, and if for costs, for what costs, e.g., plaint, process-fee, etc. The details shall be set out separately either in the receipt itself or on a separate piece of paper attached to it.
(16) A licensed petition-writer shall not accept any mukhtar nama, whether general or special, for the conduct of any case in a Civil Court other than a case in which he is himself a party.
(17) Every licensed petition-writer-
(a) who resigns or is removed from his appointment.
(b) who enters the service of Government or of a legal practitioner, or
(c) who is suspended or dismissed under these rules, shall forthwith surrender his licence to the District Judge.
Procedure in Dealing With Breach of Rules
(18) Any judicial officer who, on the representation of any person employing a petition-writer, and after hearing such petition-writer (if he desires to be so heard) finds that the fee charged for writing a petition presented in his Court was excessive may, by order in writing, reduce the same to such sum as appears to be, under the circumstances, reasonable and proper, and may require the petition-writer to refund the amount received in excess of such sum. An order passed under this rule shall not be revised except by the officer who made it.
(19) Any judicial officer may order a licensed petition-writer to re-write any petition written by him which contravenes Rule 12 or is illegible, obscure or prolix or contains any irrelevant matter or misquotation, or is, from any other cause, in the opinion of such officer, informal or otherwise objectionable. An order passed under this rule shall not be revised except by the officer who made it.
(20) Any person who breaks Rule 2 shall be liable to a penalty not exceeding fifty rupees.
(21) any licensed petition-writer who breaks any of the Rules 10, 11, 13, 15, 16 and 17 shall be liable to a penalty not exceeding fifty rupees.
(22) Breaches of rules specified in Rules 20 and 21 shall be cognizable by the District judge and no penalty shall be inflicted in respect of such breaches unless the person charged has had an opportunity of defending himself.
(23) Any probationer who fails to satisfy the District Judge on the points mentioned in Rule 8, within one year from his being appointed a probationer, is liable to be removed from his appointment by order of the District Judge.
(24) Any licensed petition-writer who-
(1) habitually writes petitions contrary to Rule 12 or containing irrelevant matter or which are unnecessary or informal or otherwise objectionable; or
(2) in the course of his business as petition-writer uses disrespectful, insulting or abusive language; or
(3) is found to be incapable of efficiently discharging the functions of a petition-writer; or
(4) habitually remains absent during court-hours or is absent from his headquarters for a considerable period without sufficient cause; or
(5) by reason of any fraudulent or improper conduct is found to be unfit to practise as such; or
(6) is convicted of a criminal offence;
may be suspended or dismissed by order of the District Judge.
(25) No appeal shall lie from any order passed under any of the above rules.
(26) The High Court will exercise general powers of superintendence and control with regard to orders passed under Rule 20, 21, 23 or 24 in the same manner as with regard to other administrative orders of the District Judge.
Maximum scale of fee
| | |
| --- | --- |
|
Name of documents
|
Scale of fees
|
|
For every plaint or memorandum of appeal in which the value
of the claim does not exceed-
|
|
|
Rs.
|
|
Rs. 50
|
0.50
|
|
Rs. 100
|
1.00
|
|
Rs. 200
|
1.50
|
|
Rs. 300
|
2.00
|
|
Rs. 500
|
3.00
|
|
Rs. 1,000
|
4.00
|
|
Rs. 5,000
|
5.00
|
|
above Rs. 5,000
|
8.00
|
|
Where no value is fixed
|
1.50
|
|
For every application, petition, notice, statements,
affidavit or other document not exceeding 90 words in length
|
0.25
|
|
For every additional folio of 90 words or part thereof:
|
0.25
|
Provided that if in any case the fee chargeable on a plaint or memorandum of appeal according to the above scale is lower than the fee chargeable on it as a petition, it will be chargeable as a petition.
'Plant' includes registered address, any list of documents required by Order VII, Rule 14, Civil Procedure Code, any affidavit as to the correctness of any copy of any account and any similar document filed along with the plaint.
'Application' includes any inventory or list of property or similar document filed with it and also registered address.
of Forms
----------
Form of licence
Certified that....................son of...................resident of.......................district and is hereby permitted to practise as such in the........................has, this day, been licensed as petition-writer in the manner prescribed by the rules relating to petition-writers in Madhya Pradesh and subject to the provisions of the said rules.
Given under my hand and seal of this Court this......................... of 20...................at...................
Seal
................
District Judge
Register to be maintained by every licensed petition-writer
| | | | |
| --- | --- | --- | --- |
|
Serial Number of petition
|
Date on which petition was written
|
Name, parentage and residence of the person at
whose instance the petition was written
|
Description of petition
|
|
(1) |
(2) |
(3) |
(4) |
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Brief abstract of contents of petition
|
Value of Court fee labels affixed to the petition
|
Fees charged for writing the petition
|
Remarks
|
Signature of the petition-writer
|
|
(5) |
(6) |
(7) |
(8) |
(9) |
|
|
Register of licensed petition-writers
Note. - One or more pages to be set apart for each petition-writer.
Page of Register
Register No.
Name of petition-writer
Father's name
Residence
Place of business
Date of grant of licence
Date of confirmation of appointment
\* Remarks
Note - In the column of remarks will be entered a note of any penalty imposed under Rule (20) or (21) and of any orders passed under Rule (18), (19), (22) or (23).
Notification
[In exercise of powers conferred under Rule 505 of Madhya Pradesh Civil Court Rules, 1961, the High Court is pleased to accord special sanction, enhancing the limit of amount in the hands of copyist as under :-
| | | |
| --- | --- | --- |
|
(1) |
Amount in the hand of Head Copyist at District Head Quarter
|
Rs. 500/-
|
|
(2) |
Amount in the hands of Copyist at outstation
|
Rs. 200/-]
|
[Inserted by Notification No. 16290-III-1-5-57-CH-23, dated 4-12-1995, Published in M.P. Rajpatra, Part 1, dated 30-6-1995.]
[Notification No. 2156, dated 24th March, 1966]
[Published in M.P. Rajpatra, Part IV (Ga) , dated 1-4-1966 at pages 123-127]
- In exercise of the powers conferred by Article 227 of the Constitution of India read with Section 23 of the Madhya Pradesh Civil Courts Act, 1958, and all other powers enabling and in supersession of the existing rules in force in the Civil Courts in any part of the Madhya Pradesh on the concerned subject, the following rules relating to the Forms and Stationery and Annual Inspections have been made by the High Court of Madhya Pradesh, Jabalpur and are published for general information.
|
65b9b0c2ab84c7eca86e99f8 | acts |
State of Rajasthan - Act
--------------------------
Rajasthan Police Benevolent Fund Rules, 1954
----------------------------------------------
RAJASTHAN
India
Rajasthan Police Benevolent Fund Rules, 1954
==============================================
Rule RAJASTHAN-POLICE-BENEVOLENT-FUND-RULES-1954 of 1954
----------------------------------------------------------
* Published on 16 February 1952
* Commenced on 16 February 1952
Rajasthan Police Benevolent Fund Rules, 1954
Published vide Notification No. F.O(222) HT/51, Dated 1 -12-1954.
Object. - The fund shall be utilised to relieve distress amongst and to advance the cause of education of the dependents of all police personnels/police officers including all officers and staff of the Forensic Science Laboratory. Technical Staff of Police Automobile Workshop, Ministerial staff and class IV staff of Police Department in the manner specified as below:-
Substituted by No. 3.
No. F.O(222) HT/51, Dated 1 -12-1954. - His Highness the Rajpramukh has been pleased to sanction the revised rules for the Rajasthan Police Benevolent Fund as per appendix. These rules supersede the Rules sanctioned under Government Order of the even number dated 16-2-1952.
Rules for Police Benevolent Fund
As amended subsequently by the following: -
Note.- In the footnotes appearing hereinafter, the amending notifications are referred to by serial No. given to them above.
### 1. These Rules will be called the Rajasthan Police Benevolent Fund Rules.
### 2. They will come into force with effect from the date they are sanctioned by the Government and will supersede the existing Police Benevolent Fund Rules.
### 3. The rates of contribution to be made by the Police Personnels to the fund shall be the rate as may be fixed up by the Government in Home Department from time to time.
Donations from outsiders may also be accepted with the approval of the Chairman of the Fund.
[3A. The State Government shall contribute, such amount in this fund as may be determined by it, on the condition that this amount is utilized in the manner prescribed by the Government vide Order No.F.(10) (222)Guh/E/2/51, dated 21-7-1965.]
[Substituted by Notification. Published in R.G. Gazette Part IV-C. dated 27-9-1984. p.310.]
### 4. The existing fund at the Police Headquarters will be amalgamated with this fund.
### 5. The first subscription from the employees already in service will be realised in the month following the same of Rules, by Government, and further annual subscription be realised from the first pay disbursed in subsequent financial year.
First subscription from the new entrants will be realised on enlistment.
### 6. These rules shall not apply to temporary hands enlisted for less than six months.
### 7. All subscriptions realised will be remitted to the Chairman of the fund after deducting remittance charges, if any, along with a list of subscribers.
### 8. Resignation, dismissal, discharge, removal or retirement from service will not entitle the subscriber to any refund of the subscription paid by him.
### 9. Deleted.
### 10. The fund will be administered by a Committee consisting of the following:-
| | |
| --- | --- |
|
1. Inspector General of Police,
|
Chairman ex-officio
|
|
2. Addl. Inspector General of Police,
|
Vice Chairman Ex-officio
|
|
3. One S.I.from amongst the personnel posted at Headquarters.
|
Member
|
|
4. One A.S.I.P.R.O. from amongst the personnel posted at Headquarters.
|
Member.
|
|
5. One Head constable from amongst those posted at Jaipur.
|
Member.
|
|
6. One constable from amongst those posted as Jaipur.
|
Member.
|
|
7. Reserve Inspector, Lines Jaipur.
|
Member Ex-officio
|
|
8. Accounts Officer, PHQ Non Member.
|
Treasurer ex-officio
|
|
9. Dy. I.G.of Police (Training) Rajasthan
|
Secretary ex-officio
|
|
10. One representative from clerical staff.
|
Member.
|
Note.-Members at No.3, 4, 5, 6 and 10 will be elected during March every alternate year by the personnel posted at Jaipur only. Vacancies caused by transfers etc. will be filled by nomination by I.G.of Police for remaining period of the term. They will be in office for two financial years.
### 11. In the absence of the Chairman the Vice-Chairman will preside over the meeting. Two members in addition to the presiding officer will form a quorum.
### 12. The decision will be taken by majority of votes. The chairman will not cast his vote except in case of ties.
### 13. A book of minutes for recording the proceedings of the committee will be maintained by the Secretary. The minutes will be written at the time of the meeting and signed by all the members present.
### 14. Three days' clear notice will be given by the Secretary for holding a meeting and it will be accompanied by copy of the agenda.
[15.]
[Substituted by Notification. Published in R.G. Gazette Part IV-C. dated 27-9-1984. p.310 [21-6-1984]
] The Committee will be competent to sanction relief upto a maximum of Rs.[5000/-]
[Amended by Notification. Published in R.G.Gazette Part IV-C, dated 26-6-1997, p.3(1) [w.r.e.f. 1-6-1997]
] to the members and their family for the object mentioned above. However in the case of death of a member while in service the relief payable to the dependents would be upto Rs. Amended by No.6 [15,000/-].
[Amended by Notification. Published in R.G.Gazette Part IV-C, dated 26-6-1997, p.3(1) [w.r.e.f. 1-6-1997]
] [In the matters of technical and commercial education. the relief shall be upto Rs. 10,000/- per year.].
[Amended by Notification. Published in R.G.Gazette Part IV-C, dated 26-6-1997, p.3(1) [w.r.e.f. 1-6-1997]
]
[15A. Not found.]
[Not found. The latest amendment in the rule is that for the figure Rs. 15,000/-, the figure Rs. 20,000/- has been substituted.]
[15B. In the event of any short fall in the fund, on any account to meet the obligation at the rate prescribed under Rule 15 and 15-A, the same will be met by additional contributions by the officers and staff referred in the subject and not by contribution from the State Government.
The rate of additional contribution for each category of person will be as may be prescribed by the Home Department.]
[Inserted by Notification. Published in R.G.Gazette Part IV-C, dated 21-6-1984, p.73 [21-6-1984]
]
[16. The chairman of the fund will be competent to sanction immediate relief to the members during their life time, the dependents of such members in distress after the death of such members and the dependents of the employee killed in an encounter upto Rs. 1000/- on any one case without the approval of the Committee. The grant of such relief will be placed before the committee for their confirmation.]
[Substituted by Various Government Orders ( Government Order dated 13-4-1972]
]
### 17. The Chairman in his absence the Vice-Chairman will be competent to sanction contingent expenditure upto Rs.100/- without the approval of the Committee.
### 18. The grant of any relief by the Government out of the Police welfare and canteen fund Rules will be no bar to the grant of relief under these rules.
### 19. Relief under these rules shall be paid in the following order.-
(1) To widow,
(2) Failing widow, to minor sons and daughters equally,
(3) Failing minor sons and daughters, to dependent father or mother or both,
(4) Failing father and mother, to dependent minor brother and unmarried sisters if they were dependent on the deceased,
(5) Failing brother and unmarried sisters, the widowed daughters, if any and if they were dependent on the deceased.
### 20. A meeting will be called by the Secretary within a month from the date of receipt of an application made by the dependent of the subscriber for relief from the fund on a prescribed form given in Appendix A'.
### 21. The committee will at least meet twice a year to transact the normal business of the fund.
### 22. A case book and other necessary accounts record will be maintained by the Honorary Treasurer who may employ an assistant or assistants with the approval of the Committee on a monthly remuneration to be fixed by the committee, if the volume of work so demands.
### 23. The Accounts of the fund will be audited once a year by the Examiner, Local Fund Audit, Rajasthan. In addition to this they will be examined once a year by a member or members of the committee as may be nominated by the committee. The Inspector General of Police, Rajasthan may authorise the Departmental checking party of this Department to examine the accounts and to assist. The member or members of the committee nominated by the committee for the purpose in the Examination of the accounts.
### 24. An account for the fund will be opened with any of the Banks doing Government business and will be operated upon by the Chairman who may authorise the Vice-Chairman to operate upon it on his behalf in case of necessity.
### 25. A Register of Subscribers will be maintained by the Treasurer and each subscriber will be allotted a separate number which will be communicated to him.
### 26. A statements of accounts as passed by the Auditors shall be sent for publication in the Police Gazette annually not later than the month of June of the following financial year.
### 27. No change shall be made in the Rules without the previous approval of the Government.
|
65b97fa9ab84c7eca86e93a7 | acts |
State of Punjab - Act
-----------------------
The Punjab Repealing Act, 1960
--------------------------------
PUNJAB
India
The Punjab Repealing Act, 1960
================================
Act 16 of 1960
----------------
* Published on 4 May 1960
* Commenced on 4 May 1960
The Punjab Repealing Act, 1960
Punjab Act
16 of 1960
Statement of Objects and Reasons. - While examining the laws in force in the re-organised State of Punjab in connection with their unification, it has been revealed that some of them are no longer necessary and this Bill seeks to repeal them.
Clause 3 of the Bill contains a precautionary provision which it is usual to include in such Bills". (Punjab Government Gazette Extraordinary, dated the 25th March, 1960).
Received the assent of the Governor of Punjab on the 4th May, 1960, and was first published in the Punjab Government Gazette Extraordinary, dated the 11th May, 1960.
An Act to repeal certain enactments.
Be it enacted by the Legislature of the State of Punjab in the Eleventh Year of the Republic of India as follows :-
### 1. Short title.
- This Act may be called the Punjab Repealing Act, 1960
### 2. Repeal of certain enactments.
- The enactments specified in the Schedule are hereby repealed.
### 3. Savings.
- The repeal by this Act, if any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;
and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or an indemnity already granted, or the proof of any past act or thing;
nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, customs, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, or recognised or derived by, in or from any enactment hereby repealed;
nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.
The Schedule.
Repeals
(See section 2)
| | | |
| --- | --- | --- |
|
Year
|
Number
|
Short title
|
|
1
|
2
|
3
|
|
|
|
PEPSU Acts
|
|
2004 Bk
|
VIII
|
The Patiala Disturbed Areas Act, 2004 Bk.
|
|
1954
|
8
|
The PEPSU Opium Smoking Act, 1954.
|
|
1956
|
4
|
The PEPSU Malikan Maqbuza (Conferment of Rights) Act, 1956.
|
|
|
|
PEPSU Ordinance and Farmans
|
|
1999 Bk
|
II
|
The Patiala State Penalties (Enhancement) Ordinance, 2006
Bk.
|
|
2006 Bk
|
I
|
The Patiala and East Punjab States Finance Ordinance, 1999
Bk.
|
|
2000 Bk
|
XXIX
|
The Patiala and East Punjab State Union Law of Appeals,
Petitions and Reference (Amendment) Ordinance, 2006 Bk.
|
|
1926
|
20
|
Firman-i-Shahi No. 20, dated 19th March, 1926, restricting
transfer of land to the extent of 200 Bighas or more whether by
mortgage, sale or gift or in any other manner, to be made with
sanction of Ijlas-Khas.
|
|
|
|
Punjab Acts.
|
|
1939
|
VI
|
The Punjab Electricity Act, 1939
|
|
1948
|
XIX
|
The East Punjab Land Alienation (Saving of Shamilat) Act,
1948
|
|
1948
|
XXV
|
The East Punjab Opium Smoking Act, 1948
|
|
|
|
Central Acts.
|
|
1879
|
XIV
|
The Hackney Carriages Act, 1879.
|
|
65ba85b6ab84c7eca86ebe53 | acts |
Union of India - Act
----------------------
The Chemical Weapons Convention Appeals Rules, 2005
-----------------------------------------------------
UNION OF INDIA
India
The Chemical Weapons Convention Appeals Rules, 2005
=====================================================
Rule THE-CHEMICAL-WEAPONS-CONVENTION-APPEALS-RULES-2005 of 2005
-----------------------------------------------------------------
* Published on 14 June 2005
* Commenced on 14 June 2005
The Chemical Weapons Convention Appeals Rules, 2005
Published vide Notification in the Gazette of India, Extraordinary, Part 2, Section 3(i) , No. 257, dated 14.6.2005.
### 1671. G.S.R. 391(E) .- In exercise of the powers conferred by sub-section (1), read with clauses (d), (e) and (f) of sub-section (2) of section 56 and section 50 of the Chemical Weapons Convention Act, 2000 (34 of 2000), the Central Government hereby makes the following rules, namely:-
### 1. Short title and commencement.-
(1) These rules may be called the Chemical Weapons Convention Appeals Rules, 2005.
(2) They shall come into force on the 1st day of July, 2005.
### 2. Definitions.-
(1) In these rules, unless the context otherwise requires, -
(a) "Act" means the Chemical Weapons Convention Act, 2000, (34 of 2000);
(b) "Form" means a form appended to these rules;
(c) "National Authority" means the National Authority for Chemical Weapons Convention established under sub-section (1) of section 6 of the Act;
(d) words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.
### 3. Appeal.-
(1) Any person aggrieved by any direction of the National Authority issued under section 10 of the Act, may, within a period of thirty days from the receipt of such direction, prefer an appeal to the Central Government.
(2) No appeal shall be admitted by the Central Government if it is preferred after the expiry of the period specified under sub-rule (1):
Provided that an appeal may be admitted after the expiry of the period specified in sub-rule (1) , if the appellant satisfies the Central Government that he had sufficient cause for not preferring the appeal within the said specified period.
### 4. Form of appeal.-
(1) An appeal to the Central Government shall be filed in Form `A' by the appellant in person or be sent by registered post with acknowledgement duly addressed to the Joint Secretary (Chemicals) in the Government of India, Department of Chemicals and Petrochemicals, Shastri Bhawan, New Delhi.
(2) The appellant shall attach to and present with his appeal a receipt slip in Form B which shall be signed by the officer authorized on behalf of the Central Government under sub-rule (1), receiving the appeal, in acknowledgement of the receipt of the appeal.
### 5. Presentation and scrutiny of appeal.-
(1) The officer authorized under sub-rule (1) of rule 4, shall endorse on every memorandum of appeal the date on which it is presented or deemed to have been presented under that rule and shall sign the endorsement.
(2) If on scrutiny the appeal is found to be in order, it shall be registered and given a serial number.
### 6. Fee.-
Every appeal under rule 3 shall be accompanied by a fee of twenty-five thousand rupees to be remitted in the form of crossed demand draft drawn on a nationalized bank in favour of the Pay and Accounts Officer, Department of Chemicals and Petrochemicals payable at New Delhi.
### 7. Contents of appeal.-
Every appeal filed under rule 3 shall set forth concisely and under distinct heads the grounds for such appeal and such grounds shall be numbered consecutively.
### 8. Documents to be attached with the appeal.-
(1) Every appeal shall be accompanied by a paper book containing the following documents, namely:-
(a) an attested copy of the direction against which the appeal is filed;
(b) copies of the documents relied upon by the appellant and referred to in the appeal; and
(c) an index to the documents.
(2) The documents referred to in sub-rule (1) shall be attested by a legal practitioner or by a gazetted officer of the Central Government or State Government, as the case may be, and each document shall be marked serially as Annexure A1, A2, A3, and so on.
### 9. Procedure for disposal of appeal.-
On receipt of memorandum of appeal under rule 5, the Central Government shall send the copies thereof to the National Authority calling upon it to make such reply as it may like to make within a period of one month from the date of receipt of the communication, and the National Authority , while furnishing reply to the Central Government, shall simultaneously endorse a copy of the reply to the appellant.
(2) The Central Government shall send to the appellant the reply received from the National Authority under sub rule (1) for making such counter reply as he may like to make within a period of one month from the date of receipt of the communication and the appellant making counter reply shall send a copy to the National Authority.
(3) The memorandum of appeal, the reply and counter reply referred to in sub-rules (1) and (2) shall constitute the records of the case.
### 10. Date and place of hearing of appeal.-
The Central Government shall communicate, before hearing the appeal, to the appellant or the National Authority or both the date and place of hearing of the appeal.
### 11. Hearing of appeal.-
On the date fixed for hearing, the appellant shall be heard in support of the appeal and the Central Government shall, then, hear the National Authority or its authorized representative against the appeal and in such case the appellant shall be entitled to reply.
(2) In case the appellant does not appear in person or through an authorized representative when the appeal is called for hearing, the Central Government may dispose of the appeal on merits:
Provided that where an appeal has been disposed of as provided above and the appellant appears afterwards and satisfies the Central Government that there was sufficient cause for his non-appearance, when the appeal was called for hearing, the Central Government shall, make an order setting aside the ex parte order and restore the appeal.
### 12. Order by the Central Government.-
The Central Government shall, after,-
(a) considering the appeal preferred to it under rule 3;
(b) considering the documents referred to in rule 7;
(c) considering the reply and counter reply referred to in subrules (1) and (2) of rule 9;and
(d) giving hearing under rule 11, pass such order or give such direction as may be necessary or expedient to, or in relation to, its order.
### 13. Order to be signed and dated.-
Every order of the Central Government shall be in writing, signed and dated by the officer who has been authorized by the Central Government to hear and dispose of the appeal.
### 14. Communication of orders to parties.-
The Central Government shall communicate, to the appellant and the National Authority, every order passed or an appeal either by hand delivery or by registered post free of cost.
FORM A
(See sub-rule (1) of rule 4)
Appeal Under Section 50 Of The Chemical Weapons Convention Act, 2000
Title of the Case
Index
| | | |
| --- | --- | --- |
|
S. No.
|
Description of documents relied upon Appeal
|
Page No.
|
|
1.
|
|
|
|
2.
|
|
|
|
3.
|
|
|
|
4.
|
|
|
|
5.
|
|
|
|
6.
|
|
|
Signature of the appellant
For use in Office
Date of filing
Or
Date or receipt by post,
Registration. No.
Signature of Officer
Between Applicant and Respondent
Details of appeal:
### 1. Particulars of the appellant: (i) Name of the appellant:
(ii) Name of father/husband
(iii) Age of the appellant
(iv) Address for service of notices
### 2. Particulars of the direction issued by the National Authority under section 10 of the Chemical Weapons Convention Act, 2000 against which appeal is made: The appeal is against Limitation the following order
(i) Direction Order No.
(ii) Date
(iii) Passed by
(iv) Subject in brief
### 3. Limitation: The appellant further declares that the appeal is within the limitation period specified in rule 3 of the Chemical Weapons Convention (Appeal to the Central Government) Rules, 2004.
### 4. Facts of the case: The facts of the case are given below:
(Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue, fact or other relevant information)
### 5. Details of the remedies exhausted: The appellant declares that he has availed of all the remedies available to him, etc.
(Give here chronologically the details of correspondence made and the outcome of such correspondence with reference to the Annexure numbers).
### 6. Relief (s) sought In view of the facts mentioned in paragraph 4 above, the appellant prays for the following relief(s) (specify below the relief(s) sought explaining the ground for relief(s) and the legal provisions (if any) relied upon).
### 7. Interim order, if any prayed for: Pending final decision on the appeal, the above-mentioned appellant seeks issue of the following interim order:
(Give here the nature of the interim order prayed for with reasons).
### 8. In the event the memorandum of appeal being sent by registered post, it may be stated whether the appellant desires to have oral hearing at the admission stage and if so he shall attach a self addressed post card / inland letter through which intimation regarding the date of hearing could be sent too him. ###
9. Particulars of Bank Draft in respect of fee of appeal:
### 1. Name of the Bank on which drawn ###
2. Demand Draft No.
### 10. List of enclosures: ###
1.
### 2. ###
3.
### 4. VERIFICATION
I, .................(name of the appellant/authorized signatory) S/o, D/o, W/o .................Age................. working as.................in the office of.................resident of................. hereby verify that the contents of paras............ to............. are true to my personal knowledge and para.......... to............. believed to be true on legal advice and that I have not suppressed any material fact.
Signature of the appellant/Authorised signatory
FORM B
(See sub-rule(2) of rule 4)
Receipt Slip
Receipt of the memorandum of appeal filed in the................. filed by Shri/Smt/Kum.................working as.................residing at .................is hereby acknowledged.
Joint Secretary (Chemicals) Department of Chemicals and Petrochemicals Government of India
|
65b9662dab84c7eca86e9055 | acts |
State of Bihar - Act
----------------------
Bihar Panchayat Service Rules, 2010
-------------------------------------
BIHAR
India
Bihar Panchayat Service Rules, 2010
=====================================
Rule BIHAR-PANCHAYAT-SERVICE-RULES-2010 of 2010
-------------------------------------------------
* Published on 12 March 2010
* Commenced on 12 March 2010
Bihar Panchayat Service Rules, 2010
Published vide Notification No. 1Pa/Sa-1-4013/2000/P.R./1939, dated 12th March, 2010, published in Bihar Gazette (Extra-ordinary) No. 177, dated 1.3.2010
Notification No. 1Pa/Sa-1-4013/2000/P.R./1939, dated 12th March, 2010. - In exercise of power conferred under proviso of Article 309 of the Constitution of India, the Governor of Bihar do herby, declare the formation of "Bihar Panchayat Service" comprising the earmarked posts of Block Panchayat Raj Officer, Lecturer-District Panchayat Raj Training institute/Mukhia-Sarpanch Training Institute, District Panchayat Raj Officer and Principal-District Panchayat Raj Training Institute/Mukhia-Sarpanch Training Institute under the control of Panchayati Raj Department, Bihar and makes the following rules for the regulation of their appointment, promotion and service conditions :-
### 1. Short title, extent and commencement.
(1) These Rules may be called the "Bihar Panchayat Service Rules, 2010."
(2) It shall extent to the whole of the Bihar State.
(3) It shall come into force with immediate effect.
### 2. Definitions.
- In these Rules, unless anything repugnant in the context-
(i) "Governor" means the Governor of Bihar;
(ii) "State Government" means the Government of Bihar;
(iii) "Appointing Authority" means the Secretary, Panchayati Raj Department in context to Non-Gazetted posts and the Governor of Bihar in context to Gazetted post;
(iv) "Controlling Authority" means Director, Panchayat Raj;
(v) "Department" means Panchayati Raj Department, Bihar;
(vi) "Commission" means Bihar Staff Selection Commission (Bihar Karamchari Chayan Ayaog)/Bihar Public Service Commission;
(vii) "Secretary" means Secretary, Panchayati Raj Department, Bihar;
(viii) "Head of Department" means Secretary, Panchayati Raj Department, Bihar;
(ix) "District Magistrate" means collector of a District;
(x) "Commissioner" means Divisional Commissioner;
(xi) "Dy.-Director; Panchayat Raj" means Dy.- Director Posted in Directorate (Headquarter) and Divisional Dy.-Director, Panchayat Raj;
(xii) "District Panchayat Raj Officer" means District Panchayat Raj Officer posted by the government district level;
(xiii) "District Panchayat Raj Training Institute and Mukhia, Sarpanch Training Institute" means training institutes established by the Government of Bihar in order to impart training to non-official member and Officer bearers of Panchayat Raj Institutions;
(xiv) "Principal" means principals of District Panchayat Raj Training Institutes and Mukhia-Sarpanch Training Institutes;
(xv) "Lecturer" means lecturer especially appointed for this purpose in District Panchayat Raj Training Institutes and Mukhia-Sarpanch Training Institutes; ,
(xvi) "Block Panchayat Raj Officer" means an officer especially appointed at Block level for the purpose of facilitating execution of functions of Panchayat Raj Institutions and supervision and inspection of accounts proceedings and records of Gram Panchayat.
(xvii) "Service" means Bihar Panchayat Service;
(xviii) "Member" means member of the Bihar Panchayat Service; and
(xix) "Act" means the Bihar Panchayat Raj Act, 2006 (As amended up to dated).
### 3. Constitution of Service/Cadre.
(1) This service shall comprise the posts as follows :-
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Name of the Post
|
Sanctioned Strength
|
Non-Gazetted/Gazetted
|
Appointing Authority
|
Pay Scale
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Block Panchayat Raj Officer
|
528
|
Non-Gazetted
|
Secretary, Panchayati Raj
|
5000-150-8000
|
|
|
Lecturer-District Panchayat Raj Training Institute/
Mukhia-Sarpanch Training Instituted (First Promotion)
|
46
|
Gazetted
|
Governor
|
65000-200-10500
|
|
|
District Panchayat Raj Officer (Second Promotion)
|
38
|
Gazetted
|
Governor
|
8000-275-13500
|
|
|
Principal District Panchayat Raj Training Institute/
Mukhia-Sarpanch Training Institute (Third Promotion)
|
23
|
Gazetted
|
Governor
|
10000-325-15200
|
|
(2) The persons appointed and working in the above categories before coming into the effect of this Rule shall be deemed to be automatically included in this Service.
### 4. Sanctioned strengths.
- The sanctioned strength for each category shall be as per the sanctioned posts/strength as mentioned under column 2 under Rule 3. The State Government shall have right to make alteration in it from time to time.
### 5. Reservation.
- The provisions of roster/reservation made by the State Government from time to time shall be applicable in appointment/Promotion in the service.
### 6. Recruitment.
- The recruitment in the basic category (Block Panchayat Raj Officer) Shall be in accordance with the following procedure -
(i) The direct recruitment on 75% (seventy five percent) posts of Block Panchayat Raj Officer shall be on the basis of recommendation of the Commission made on departmental requisition.
(ii) The 25% (twenty five percent) posts shall be filled-up by the promotion on the principle of seniority-cum-merit from the State Gradation list of Panchayat Secretaries having graduate qualification.
But, for the promotion those Panchayat Secretaries shall be eligible who have acquired educational qualification as per Rule 7(i) ; who have been in service for a minimum of 10 years, whose maximum age dose no exceed 50 years and who have been fulfilled the others conditions laid down by the State Government.
### 7. Qualification for the recruitment on the post of Block Panchayat Raj Officer.
(1) (a)
Graduate in Arts, Science and Commerce, from any University recognized by the Government or any other qualification as declared equivalent to the aforesaid degree (Graduation) by the Government from time to time.
(b) Candidates concerned with Rural Development Works during the course of their studies or thereafter shall be given preference.
(2) Age Limit. - The age limit for candidates for general competitive examination shall not be less than 18 years as on the date fixed by the Commission, and not exceeding the maximum age limit determined by the Government (Personnel & Administrative Reforms Department) from time to time.
(3) The Commission shall advertise the number of vacancies for Block Panchayat Raj officer by open advertisement in the manner and ways as it deems fit and shall invite application from the candidates eligible for appointment. Name of these candidates recommended by the Commission shall be finally selected for appointment.
(4) Pay scale. - Pay scale mentioned in column 5 of Rule 3 and the pay scale as revised by the Government from time to time shall be admissible.
### 8. Probation and period.
- The period of 2 years from the date of appointment on the permanent post of Block Panchayat Raj Officer shall be the "Probation Period" that he/she completes the prescribed training programs, etc. The probation period may be extended for further one year, in case service is not found satisfactory during the probation period. If the service is not found satisfactory even in the extended period the service may be terminated.
### 9. Training.
- The persons appointed/promoted on the post of Block Panchayat Raj Officer shall have to complete a three months exhaustive training program.
### 10. Departmental Examination and syllabus.
- The persons appointed/promoted on the post of Block Panchayat Raj Officer shall have to pass the training course conducted by the Department and the Noting, Drafting examination of Rajbhasha Department.
### 11. Confirmation.
- Subject to the satisfactory performance and service during probation period, competition of prescribed training and being successful in the department examination, the service shall be confirmed on the post of Block Panchayat Raj Officer.
### 12. Criteria for promotion.
- The criteria for promotion within the service shall be the principle of Seniority-cum-Merit.
(1) Selection Process. - The promotion shall be considerable on recommendation of Departmental Promotion Committee constituted for the purpose of selection for promotion. Members of the Departmental Promotion Committee for promotions on different posts within the service shall be as follow :-
A. The Departmental Promotion Committee for promotion on the 25% posts of Block Panchayat Raj Officer shall be as follow :-
| | | |
| --- | --- | --- |
|
(i) |
Senior most Deputy-Director/
Deputy-Director-cum-Deputy-Secretary, Panchayat Raj
|
- Chairman
|
|
(ii) |
Monitoring Officer, Panchayat Raj
|
- Member
|
|
(iii) |
Assistant Director, Panchayat Raj
|
- Member
|
|
(iv) |
An officer belonging to SC/ST Community, not below the rank of
Dy-Secretary, nominated by the Personnel & Administrative
Reforms Department
|
- Member
|
B. The Departmental Promotion Committee for promotion on the posts of Lecturer and District Panchayat Raj Officer shall be as follow :-
| | | |
| --- | --- | --- |
|
(i) |
Commissioner Agriculture Production/Principal Secretary,
Agriculture Department
|
- Chairman
|
|
(ii) |
Secretary, Co-operative Department
|
- Member
|
|
(iii) |
Secretary, Animal Husbandry & Fisheries Department
|
- Member
|
|
(iv) |
Secretary, Forest & Environment Department
|
- Member
|
|
(v) |
An officer of the Personnel & Administrative Reforms
Department, Not below the rank of Jt. - Secretary
|
- Member
|
|
(vi) |
Principal Secretary/Secretary, Panchayati Raj Department
|
- Member Secretary
|
|
(vii) |
An officer belonging to SC/ST community, not below the rank of
Jt.-Secretary, nominated by the Personnel & Administrative
Reforms Department
|
- Member
|
C. The Departmental Promotion Committee for promotion on the post of Principal-District Panchayat Raj Training Institute/Mukhia - Sarpanch Training Institute shall be as follow :-
| | | |
| --- | --- | --- |
|
(i) |
Chairman/Member, Bihar Public Service Commission
|
- Chairman
|
|
(ii) |
Secretary, Co-operative Department
|
- Member
|
|
(iii) |
Secretary, Animal Husbandry & Fisheries Department
|
- Member
|
|
(iv) |
Secretary, Forest & Environment Department
|
- Member
|
|
(v) |
An officer of the Personnel & Administrative Reforms
Department, not below the rank of Jt.-Secretary,
|
- Member
|
|
(vi) |
Principal Secretary/Secretary, Panchayati Raj Department
|
- Member Secretary
|
|
(vii) |
An officer belonging to SC/ST Community, not below the rank of
Jt.-Secretary, nominated by the Personnel & Administrative
Reforms Department
|
- Member
|
(2) Promotion on the hundred percent posts of District Panchayat Raj Officer shall be given on the basis of Seniority cum Merit.
(3) Procedure for promotion and criteria for assessing appropriateness for Promotion :-
(a) It shall be necessary to complete to the qualifying period as prescribed by the State Government (Personnel and Administrative Reforms Department) from time to time.
(b) To be considered for promotion, the services of the candidates must be satisfactory, allegation free and confirmed on the post Block Panchayat Raj Officer.
### 13. Residual matter.
- Administrative Department of the Member the service and administrative control thereon :-
(a) The administrative control over the members of the service shall be under the department.
(b) Members of the Block Panchayat Raj Officer category shall be under the functional control of such District Magistrate/administrative Head of Block office under whose jurisdiction the members have been posted.
### 14. Discipline and Appeal.
- Disciplinary action against the members of this service shall be taken in accordance with the provisions of the Bihar Government Servant (Classification, Control and Appeal) Rule, 2005.
### 15. Miscellaneous.
- Pay, Allowance, Leave, Pension and others service conditions for the posts of this service shall be regulated by general government Rules or orders in force for the time being for the purpose.
### 16. Removal of difficulties.
- If any question arises in respect of these Rules, the decision of the government shall be final in the matter.
### 17. Repeal and Saving.
(1) Rules, Directions and Circulars issued previously in respect of the post of Gram Panchayat Supervisor/cadre are hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken in exercise of provisions of the previously issued Rules, Directions and Circulars issued previously shall deemed to be done or taken under this Rule.
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65b95ad2ab84c7eca86e8ed0 | acts |
State of Bihar - Act
----------------------
Bihar Jail Service Rules, 2014
--------------------------------
BIHAR
India
Bihar Jail Service Rules, 2014
================================
Rule BIHAR-JAIL-SERVICE-RULES-2014 of 2014
--------------------------------------------
* Published on 19 June 2014
* Commenced on 19 June 2014
Bihar Jail Service Rules, 2014
Published vide Notification No. dkjk@LFkk0 (v/kh0)-01-12/2014-3296, dated 19.06.2014
Last Updated 10th February, 2020
No.dkjk@LFkk0 (v/kh0)-01-12/2014-3296. - In exercise of powers conferred by Section 59 of the Prisons Act, 1894, the Governor of Bihar is pleased to make the following Rules for the Bihar Jail Service:-
### 1. Short title, extent and commencement.
(1) These Rules shall be called the "Bihar Jail Service Rules, 2014".
(2) It shall extend to the whole of the State of Bihar.
(3) It shall come into force with immediate effect.
### 2. Definitions.
- In these Rules, unless the context otherwise requires:-
(i) 'State' means the State of Bihar;
(ii) 'State Government' means the Bihar State Government;
(iii) 'Commission' means the Bihar Public Service Commission;
(iv) 'Service' means the Bihar Jail Service prescribed under the Appendix-B of the Bihar Public Service Commission (work limitation) Regulation, 1957 by the Personnel and Administrative Reforms Department (presently General Administration Department) vide notification no. 1174 dated 20.01.1989;
(v) 'Appointing Authority' means Governor of Bihar;
(vi) 'Cadre Controlling Authority' means the Principal Secretary, Home Department, Bihar;
(vii) 'Direct Recruitment' means appointment on the basis of examination conducted by the Bihar Public Service Commission;
(viii) 'Appointment through Promotion' means appointment from the cadre of Deputy Superintendent on the basis of seniority-cum-merit;
(ix) 'Department' means Home Department as described in executive rules;
(x) 'Inspectorate of Prison and Correctional Services' means Office of Inspector General, Prison and Correctional Services, Bihar;
(xi) 'Examination' means Combined Competitive Examination for different State Services conducted annually by the Bihar Public Service Commission;
(xii) 'Prison Manual' means Bihar Prison Manual, 2012.
### 3. Constitution of cadre.
(1) There shall be the following posts in the Bihar Jail Service:-
(a) Basic Grade. - Primary category (feeder post)- Pay scale (As prescribed by the government from time to time.)
(b) Junior Grade. - First stage of Promotion- Pay scale (As prescribed by the government from time to time.)
(c) Senior Grade. - Second stage of Promotion- Pay scale (As prescribed by the government from time to time.)
(d) Higher Grade. - Third stage of Promotion-Deputy Inspector General of Prisons and Correctional Services- Pay scale (As prescribed by the government from time to time.)
(e) The grade of the above posts shall be the same as prescribed by the state government from time to time.
(2) The post of Jail Superintendents and posts of similar category as created, sanctioned and notified by the State Government, in all jails situated in the state and in the Inspectorate of Prisons and Correctional services, shall be the part of the Service.
(3) The recruitment in the Bihar Jail Service shall be made as Jail Superintendent. The state government may post an officer of any grade of the Service in any jail situated in the State, and pay scale of the grade owned by him/her shall be payable to him/her.
(4) The Government may order/notify to depute/assign of any other responsibility, or as the purposes of the Government, from time to time.
(5) All persons of the above category appointed and working prior to the enforcement of these Rules, shall automatically be deemed to be included into this service.
(6) Inspector General of Prisons and Correctional Services will have the operational control upon the service.
(7) Compliance of duties and responsibilities prescribed in Bihar Prison Manual, 2012 and its provisions shall be binding for all the members working to different posts of the chains of posts of the service.
### 4. Source of Recruitment.
- (1) Direct Recruitment. -(i) Appointment shall be made through direct recruitment on the basis of recommendations received from the Commission, as per the competitive examination held by the Commission.
(ii) The Commission shall include the vacancy sent by the government in its advertisement for the annually held combined competitive examination.
(iii) The Commission shall send the list of selected candidates to the Department on the basis of the examination held for different services as per its prescribed manner and procedures.
(iv) Age. - The maximum age limit for entry into the service shall be the same as prescribed by the government from time to time and advertised by the Commission in its advertisement.
(v) Educational Qualification. - Graduation or equivalent from any recognized University.
(vi) It will be essential for candidates to fulfill the criterion prescribed by the Commission, and satisfy the Commission for selection into the Service.
(2) Recruitment through Promotion. - (i) For the recruitment by promotion, the Departmental Promotion Committee constituted under the Chairmanship of Inspector General, Prisons and Correctional Services, Bihar shall prepare a recommendation-list, amongst the working Deputy Superintendents from the cadre of Deputy Superintendents in Bihar jails, on the basis of their service history, Annual Confidential Report, seniority and merit list.
(ii) The said recommendation-list shall be sent to the Commission.
(iii) The State Government shall notify for filling the actual number of vacancy on the basis of promotion after getting recommendations from the Commission.
(iv) The percentage of recruitment through promotion shall be 25 percent of total created and sanctioned posts of the Service.
### 5. Reservation.
- The provisions of Bihar State Reservation Act as in force in the State shall be applicable.
### 6. Probation and Period.
- Each personnel, either directly recruited or recruited through promotion, shall be appointed on probation in the beginning of service. The period of probation shall be of two years from the date of appointment.
### 7. Training/ Departmental Examination.
(1) It shall be required from the person appointed through direct recruitment to take training or pass the Departmental Examination, as may be prescribed by the Cadre Controlling Authority/ Revenue Board, from time to time.
(2) The confirmation of service and further promotion of the members of the service shall not be considered if they do not participate in the essential training programme conducted in any Jail or Administrative Training Institute or any Institute prescribed by the Department, or if they do not pass the departmental examination.
(3) However, the Cadre Controlling Authority may relax this requirement, if arrangement of such training/examination is not possible.
### 8. Promotion.
(1) Promotion into the different grades of the service shall be given on the recommendation of the Departmental Promotion Committee constituted by the State Government.
(2) The minimum qualifying service, i.e., 'Kalawadhi' (dkykof/k) for such promotions shall be the same as decided by the Home Department, from time to time, in consultation with the General Administration Department.
### 9. Seniority.
(1) The seniority of members of the service appointed through direct recruitment shall be determined in order of the merit list of the Bihar Public Service Commission.
(2) The determination of seniority amongst personnel appointed through direct recruitment and those appointed through promotion shall be made in conformity of instructions issued by the General Administration Department, from time to time.
### 10. Disciplinary Action.
- The provisions of the Bihar Government Service (Classification, Control and Appeal) Rule, 2005 and provisions notified/issued by the Government, from time to time, shall be obligatory to members of the service.
### 11. Residues Matters.
- Members of the service shall be governed by regulations and orders of the Government, applicable in respect of employees of equivalent status, in matters specifically not covered by these Rules or by orders/special orders made under these Rules.
### 12. Removal of Difficulties.
- The Government, from time to time, may issue such general or special direction by notification which is consistent with the provisions of the Act and these Rules to remove difficulties arising in implementation of these Rules.
### 13. Savings and Repeal.
(1) The Bihar Jail Service Rule, 1953 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in exercise of the power conferred under these Rules shall deemed to be done or taken under these Rules as if these rules were in operation on the day when such thing was done, or such action was taken.
Annexure-'A'
### 1. Criteria of health examination and physical standard for appointment by promotion form Deputy Superintendent to the Bihar Jail Service. - The criteria of health examination for appointment by promotion from Deputy Superintendent to the Bihar Jail Service will be in the following manner:- (1) There should not be any disease of bones and joints in the body.
(2) The candidate should be able to hear in a normal manner and should not have the necessity of using a hearing aid.
(3) There should not be any functional or organic disease of heart or blood vessels and the candidate should be free from AIDS.
(4) There should not be any serious ailment in internal organs of stomach.
(5) The candidate shall not be eligible if he suffers from hernia which has not been operated.
(6) There should not be any disease like hydrocele, varicocele or piles.
(7) There should not be any skin disease which may cause impairment or deformation.
(8) There should not be any serious ocular disease and eye sight should be within common standard with or without glasses. Night-blindness, ablepsia or glaucoma will cause disqualification.
(9) Routine ECG and EEG should be under prescribed limit.
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65b91122ab84c7eca86e8417 | acts |
Constitution and Amendments
-----------------------------
THE CONSTITUTION (FORTY-FIRST AMENDMENT) ACT, 1976
----------------------------------------------------
India
THE CONSTITUTION (FORTY-FIRST AMENDMENT) ACT, 1976
====================================================
Act 41 of 1976
----------------
* Published in Gazette of India on 18 August 1976
* Commenced on 7 September 1976
***Statement of Objects and Reasons appended to the Constitution (Forty-third Amendment) Bill, 1976 which was enacted as the Constitution (Forty-first Amendment) Act, 1976***
**STATEMENT OF OBJECTS AND REASONS**
Article 316(2) of the Constitution provides that the Chairman and Members of a State Public Service Commission or Joint Commission shall retire at 60 or hold office for a term of six years from the date on which they enter service, whichever is earlier. This was the position when the Constitution came into force. Subsequently, while the age of retirement of the High Court Judges was raised to 62, that of the Chairman and the Members of the State Public Service Commissions remained unchanged.
The same article provides that one-half of the members of every Public Service Commission shall be employees of the Government of India or the Government of a State. The age of retirement of Government employees was 55 originally but was later raised to 58 in the case of All-India Services, Central Government servants and the Government servants of several States. Membership of the Commission is no attraction, therefore, to them, as they will have only two years to serve on the Commission which position is not desirable from the point of view of the efficient functioning of the Commission.
Academicians like University Professors are eligible for appointment to the State Public Service Commissions. The age of retirement of University Professors has been recently raised to 60. It will not be attractive for these academicians to serve on a Public Service Commission if the age of retirement remains sixty. The Chairman/Members of a State Public Service Commission are forbidden to serve under the Government of India or a State Government after retirement. Consequently, no eminent academician will be eager to accept appointment on the Commission unless the age of retirement is raised to 62.
The proposal is to raise the age of retirement of the Chairman and Members of the State Public Service Commissions to 62. The Bill seeks to give effect to this proposal.
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.-
This Act may be called the Constitution (Forty-first Amendment) Act, 1976.
### 2. Amendment of article 316.-
In article 316 of the Constitution, in clause (2) , for the words "sixty years", the words "sixty-two years" shall be substituted.
The Constitution (Forty-First Amendment) Act, 1976, changed the retirement age of the Chairman and members of the State Public Service Commissions from 60 to 62 years, by amending Article 316(2) of the Constitution. However, it was later amended to 58 for employees of the All-India Services, the Central Government, and many State governments. Consequently, they are not interested in joining the Commission because they will only have two years to serve, which is seen as undesirable for the efficient functioning of the Commission.
[Also Refer
]
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65ba8c5cab84c7eca86ec038 | acts |
Union of India - Act
----------------------
The Atomic Energy Act, 1962
-----------------------------
UNION OF INDIA
India
The Atomic Energy Act, 1962
=============================
Act 33 of 1962
----------------
* Published on 15 September 1962
* Commenced on 15 September 1962
1. [Amended by THE ATOMIC ENERGY (AMENDMENT) ACT, 2015 (Act 05 of 2016) on
31 December 2015
]
The Atomic Energy Act, 1962
(33 OF 1962)
### 286. Statement of Objects and Reasons.-At present control over the development of atomic energy and matters connected therewith is exercised under the Atomic Energy Act, 1948 (29 of 1948). Having regard to the developments in the field of atomic energy since the enactment of that legislation and with a view to the implementation of the future programme of expansion in the field, it has become necessary to revise that Act extensively. It is accordingly proposed to repeal the existing Act and to replace it by a comprehensive measure. The Notes on Clauses explain the important provision of the Bill.
Amendment Act 59 of 1986-Statement of Objects and Reasons.-Clause 2 of the Bill seeks to amend section 6 of the Atomic Energy Act, 1962 retrospectively so as to provide that payment of compensation for compulsory acquisition of minerals, concentrates and other materials under that section should, instead of being a condition precedent to their acquisition, be a condition to be given effect to after such minerals, concentrates or other materials become the property of the Central Government, so as to repel any doubt that compulsory acquisition of such minerals, concentrates and other materials under that section will amount to sale. A new section 11-A is also proposed to be inserted retrospectively so as to make it clear beyond doubt that the compulsory acquisition under sections 6 and 11 shall not be deemed to be a sale for any purpose whatsoever.
Amendment Act 29 of 1987-Statement of Objects and Reasons.-The Atomic Energy Act, 1962 inter alia empowers the Central Government to produce and supply electricity from atomic energy. It is felt that in order to achieve the envisaged target of nuclear power generation of 10,000 MW of installed generating capacity by the year 2000 AD, a nuclear power corporation or a Government company should be set up which would design, construct and operate nuclear power stations. This corporation or company would also be in a position to raise resources other than what is actually available from Government for this programme and also provide greater operational flexibility. To enable the Government to entrust its power to own, establish and operate nuclear power stations to a Corporation or Government Company and to enable such Corporation or Government Company to perform such other functions incidental to such powers, it is necessary to amend the Atomic Energy Act.
[15th September, 1962]
An Act to provide for the development, control and use of atomic energy for the welfare of the people of India and for other peaceful purposes and for matters connected therewith.
Be it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:-
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|
Brought into force on 21.9.1962 vide G.S.R. 1254, dated 18.9.1962. The Act has been extended to Sikkim, see S.O. 6(E) , Gazette of India 6.1.1987 and brought into force on 1.4.1987, see S.O. 1028, Gazette on India, dated 18.4.1987.
|
### 1. Short title, extent and commencement .-
(1) This Act may be called The Atomic Energy Act, 1962.
(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.
### 2. Definitions and interpretation.-
(1) In this Act, unless the context otherwise requires,-
(a) "atomic energy" means energy released from atomic nuclei as a result of any process, including the fission and fusion processes;
(b) "fissile material" means uranium-233, uranium-235, plutonium or any material containing these substances or any other material that may be declared as such by notification by the Central Government;
(bb) [ "Government company" means a company in which-
(i) not less than fifty-one per cent. of the paid-up share capital is held by the Central Government; or
(ii) the whole of the paid-up share capital is held by one or more of the companies specified in sub-clause (i) and which, by its articles of association, empowers the Central Government to constitute and reconstitute its Board of Directors;]
(c) "minerals" include all substances obtained or obtainable from the soil (including alluvium or rocks) by underground or surface working;
(d) "notification" means notification published in the Official Gazette;
(e) "plant" includes machinery, equipment or appliance whether affixed to land or not;
(f) "prescribed equipment" means any property which the Central Government may, by notification, prescribe, being a property which in its opinion is specially designed or adapted or which is used or intended to be used for the production or utilisation of any prescribed substance, or for the production or utilisation of atomic energy, radioactive substances, or radiation, but does not include mining, milling, laboratory and other equipment not so specially designed or adapted and not incorporated in equipment used or intended to be used for any of the purposes aforesaid;
(g) "prescribed substance" means any substance including any mineral which the Central Government may, by notification, prescribe, being a substance which in its opinion is or may be used for the production or use of atomic energy or research into matters connected therewith and includes uranium, plutonium, thorium, beryllium, deuterium or any of their respective derivatives or compounds or any other materials containing any of the aforesaid substances;
(h) "radiation" means gamma rays, X-rays, and rays consisting of alpha particles, beta particles, neutrons, protons and other nuclear and sub-atomic particles, but not sound or radiowaves, or visible, infra-red or ultra-violet light;
(i) "radioactive substance" or "radioactive material" means any substance or material which spontaneously emits radiation in excess of the levels prescribed by notification by the Central Government.
(2) Any reference in this Act to the working of minerals shall be construed as including a reference to the mining, getting, carrying away, transporting, sorting, extracting or otherwise treating of minerals.
(3) Any reference in this Act to the production or use of atomic energy shall be construed as including a reference to the carrying out of any process, preparatory or ancillary to such production or use.
### 3. General powers of the Central Government .-
Subject to the provisions of this Act, the Central Government shall have power-
(a) to produce, develop, use and dispose of atomic energy [either by itself or through any authority or corporation established by it or a Government company] and carry out research into any matters connected therewith;
(b) [ to manufacture or otherwise produce any prescribed or radioactive substance and any articles which in its opinion are, or are likely to be, required for, or in connection with, the production, development or use of atomic energy or such research as aforesaid and to dispose of such prescribed or radioactive substance or any articles manufactured or otherwise produced;
[Substituted by Act 29 of 1987, Section 3, for sub-Section (b) (w.e.f. 8.9.1987). ]
(bb) (i)
to buy or otherwise acquire, store and transport any prescribed or radioactive substance and any articles which in its opinion are, or are likely to be, required for, or in connection with, the production, development or use of atomic energy; and
(ii) to dispose of such prescribed or radioactive substance or any articles bought or otherwise acquired by it, either by itself or through any authority or corporation established by it, or a Government company;]
(c) to declare as "restricted information" any information not so far published or otherwise made public relating to-
(i) the location, quality and quantity of prescribed substances and transactions for their acquisition, whether by purchase or otherwise, or disposal, whether by sale or otherwise;
(ii) the processing of prescribed substances and the extraction or production of fissile materials from them;
(iii) the theory, design, construction and operation of plants for the treatment and production of any of the prescribed substances and for the separation of isotopes;
(iv) the theory, design, construction and operation of nuclear reactors;
(v) research and technological work on materials and processes involved in or derived from items (i) to (iv);
(d) to declare as "prohibited area" any area or premises where work including research, design or development is carried on in respect of the production, treatment, use, application or disposal of atomic energy or of any prescribed substance;
(e) to provide for control over radioactive substances or radiation generating plant in order to-
(i) prevent radiation hazards;
(ii) secure public safety and safety of persons handling radioactive substances or radiation generating plant; and
(iii) ensure safe disposal of radioactive wastes;
(f) to provide for the production and supply of electricity from atomic energy and for taking measures conducive to such production and supply and for all matters incidental thereto [either by itself or through any authority or corporation established by it or a Government company]
[Inserted by Act 29 of 1987, Section 3 (w.e.f. 8.9.1987). ]
; and
(g) to do all such things (including the erection of buildings and execution of works and the working of minerals) as the Central Government considers necessary or expedient for the exercise of the foregoing powers.
### 4. Notification of discovery of uranium or thorium .-
(1) Every person who, whether before or after the commencement of this Act, has discovered or discovers that uranium or thorium occurs at any place in India shall, within three months after the date of commencement of this Act or after the discovery, whichever is later, report the discovery in writing to the Central Government or to any person or authority authorised by the Central Government in this behalf.
(2) Every person who has reason to believe that uranium or thorium occurs at any place in India, shall without delay, send intimation of such belief and the reasons therefor to the Central Government or to any such person or authority as aforesaid.
### 5. Control over mining or concentration of substances containing uranium .-
(1) If the Central Government is satisfied that any person is mining or is about to mine any substance from which, in the opinion of the Central Government, uranium can be or may reasonably be expected to be, isolated or extracted, or is engaged or is about to be engaged in treating or concentrating by any physical, chemical or metallurgical process any substance from which, in the opinion of the Central Government, uranium can be or may reasonably be expected to be, isolated or extracted, the Central Government may by notice in writing given to that person either-
(a) require him in conducting the mining operations or in treating or concentrating the substance aforesaid to comply with such terms and conditions and adopt such processes as the Central Government may in the notice, or from time to time thereafter, think fit to specify, or
(b) totally prohibit him from conducting the mining operations or treating or concentrating the substance aforesaid.
(2) Where any terms and conditions are imposed on any person conducting any mining operations or treating or concentrating any substance under clause (a) of sub-section (1), the Central Government may, having regard to the nature of the terms and conditions, decide as to whether or not to pay any compensation to that person and the decision of the Central Government shall be final:
Provided that where the Central Government decides not to pay any compensation, it shall record in writing a brief statement giving the reasons for such decision.
(3) Where the Central Government decides to pay any compensation under sub-section (2), the amount thereof shall be determined in accordance with section 21 but in calculating the compensation payable, no account shall be taken of the value of any uranium contained in the substance referred to in sub-section (1).
(4) Where any mining operation or any process of treatment or concentration of any substance is prohibited under clause (b) of sub-section (1), the Central Government shall pay compensation to the person conducting the mining operations or using the process of treatment or concentration and the amount of such compensation shall be determined in accordance with section 21 but in calculating the compensation payable, no account shall be taken of the value of any uranium contained in the substance.
### 6. Disposal of uranium .-
(1) No minerals, concentrates and other materials which contain uranium in its natural state in excess of such proportion as may be prescribed by notification by the Central Government shall be disposed of except with the previous permission in writing of the Central Government and in accordance with such terms and conditions as it may impose.
(2) The Central Government may serve notice on any person who has produced any mineral, concentrate or other material referred to in sub-section (1) that the Central Government [proposes to compulsorily acquire it and upon the service of the notice], the mineral, concentrate or other material shall become the property of the Central Government and shall be delivered to the Central Government or as it may direct:
[\* \* \*]
[Proviso omitted by Act 59 of 1986, Section 2 (w.e.f. 21.9.1986). ]
(3) [ Compensation in respect of acquisition under sub-section (2) shall be paid in accordance with section 21 and in determining such compensation regard shall be had to the cost of production of such mineral, concentrate or other material and such other factors as may be relevant, but no account shall be taken of the value of uranium in its natural state contained therein.]
[Inserted by Act 59 of 1986, Section 2 (w.e.f. 21.9.1986). ]
### 7. Power to obtain information regarding materials, plant or processes .-
The Central Government may, by notice in writing served on any person, require him to make such periodical and other returns, or statements at such times and containing such particulars and accompanied by such plans, drawings and other documents as may be specified in the notice relating to-
(a) any prescribed substance, specified in the notice, in his possession or under his control or present in or on any land or mine owned or occupied by him which in the opinion of the Central Government is or can be a source of any of the prescribed substances, including returns in respect of any such land or mine;
(b) any plant in his possession or under his control designed for mining or processing of minerals so specified, or adapted for the production or use of atomic energy or research into matters connected therewith;
(c) any contract entered into by him or any license granted by or to him relating to prospecting or mining of minerals so specified or the production or use of atomic energy or research into matters connected therewith;
(d) any other information in his possession relating to any work carried out by him or on his behalf or under his directions, in connection with prospecting or mining of materials so specified or the production or use of atomic energy or research into matters connected therewith.
### 8. Power of entry and inspection .-
(1) Any person authorised by the Central Government may, on producing, if so required, a duly authenticated document showing his authority, enter any mine, premises or land-
(a) where he has reason to believe that work is being carried out for the purpose of or in connection with production and processing of any prescribed substances or substances from which a prescribed substance can be obtained or production, development or use of atomic energy or research into matters connected therewith, or
(b) where any such plant as is mentioned in clause (b) of section 7 is situated, and may inspect the mine, premises or land and any articles contained therein.
(2) The person carrying out the inspection may make copies of or extracts from any drawing, plan or other document found in the mine, premises or land and for the purpose of making such copies or extracts, may remove any such drawing, plan or other document after giving a duly signed receipt for the same and retain possession thereof for a period not exceeding seven days.
### 9. Power to do work for discovering minerals .-
(1) The Central Government may, subject to the provisions of this section, do on, over or below the surface of any land such work as it considers necessary for the purpose of discovering whether there is present in or on the land, either in a natural state or in a deposit or waste material obtained from any underground or surface working, any substance from which in its opinion any of the prescribed substances can be obtained, and the extent to which such substance is so present.
(2) Before any powers are exercised under sub-section (1) in relation to any land, the Central Government shall serve on every owner, lessee and occupier of the land a notice in writing specifying the nature of the work proposed to be done and the extent of the land affected, and the time, not being less than twenty-eight days, within which and the manner in which objections can be made thereto, and no such powers shall be exercised otherwise than in pursuance of the notice or before the expiration of the time specified therein for making objections.
(3) The Central Government may, after giving the person making the objection an opportunity of appearing before and being heard by a person appointed by the Central Government for the purpose, and after considering any such objection and the report of the person so appointed, make such orders as it may deem proper but not so as to increase the extent of the land affected.
(4) Compensation shall be determined and paid in accordance with section 21 in respect of any diminution in the value of any land or property situate thereon resulting from the exercise of powers under this section.
### 10. Compulsory acquisition of right to work minerals .-
(1) Where it appears to the Central Government that any minerals from which in its opinion any of the prescribed substances can be obtained are present in or on any land, either in a natural state or in a deposit of waste material obtained from any underground or surface working, it may by order provide for compulsorily vesting in the Central Government the exclusive right, so long as the order remains in force, to work those minerals and any other minerals which it appears to the Central Government to be necessary to work with those minerals, and may also provide, by that order or a subsequent order, for compulsorily vesting in the Central Government any other ancillary rights which appear to the Central Government to be necessary for the purpose of working the minerals aforesaid including (without prejudice to the generality of the foregoing provisions)-
(a) right to withdraw support;
(b) rights necessary for the purpose of access to or conveyance of the minerals aforesaid or the ventilation or drainage of the working;
(c) rights to use and occupy the surface of any land for the purpose of erecting any necessary buildings and installing any necessary plant in connection with the working of the minerals aforesaid;
(d) rights to use and occupy for the purpose of working the minerals aforesaid any land forming part of or used in connection with an existing mine or quarry, and to use or acquire any plant used in connection with any such mine or quarry; and
(e) rights to obtain a supply of water for any of the purposes connected with the working of the minerals aforesaid, or to dispose of water or other liquid matter obtained in consequence of working such minerals.
(2) Notice of any order proposed to be made under this section shall be served by the Central Government-
(a) on all persons who, but for the order, would be entitled to work the minerals affected; and
(b) on every owner, lessee and occupier (except tenants for a month or for less than a month) of any land in respect of which rights are proposed to be acquired under the order.
(3) Compensation in respect of any right acquired under this section shall be paid in accordance with section 21, but in calculating the compensation payable, no account shall be taken of the value of any minerals present in or on land affected by the order, being minerals specified in the order, as those from which in the opinion of the Central Government uranium or any concentrate or derivative of uranium can be obtained.
### 11. Compulsory acquisition of prescribed substances, minerals and plants .-
(1) Save as otherwise provided in any other provision of this Act, the Central Government may compulsorily acquire in accordance with the provisions of this section-
(a) any prescribed substance;
(b) any minerals from which in the opinion of the Central Government any of the prescribed substances can be obtained;
(c) any prescribed equipment;
(d) any plant which is designed or adapted for the mining or processing of any minerals referred to in clause (b) or substances obtained therefrom or for the production or use of any prescribed substance or a radioactive substance or for the production, use or disposal of such articles as are or are likely to be required for or in connection with the production, use or disposal of atomic energy or for research into matters connected therewith.
(2) Where the Central Government acquires any plant referred to in clause (d) of sub-section (1), it shall also have the right to acquire any buildings, railway sidings, tramway lines, or aerial ropeways serving such plant.
(3) Where the Central Government proposes to acquire any property under sub-section (1), it shall serve upon the person appearing to be the owner thereof, a notice in writing specifying the property to be acquired and requiring that person to make to the Central Government within the time specified in the notice a written declaration containing such particulars as may be so specified regarding the ownership of such property and any agreement or charge by virtue of which any other person has an interest in such property.
(4) Upon the service of a notice under sub-section (3), no property to which the notice relates shall be disposed of without the previous permission in writing of the Central Government.
(5) If it appears to the Central Government in consequence of any written declaration made to it in pursuance of sub-section (3) that any person other than the person on whom the notice under sub-section (3) was served is the owner of, or has any interest in, the property to which the notice relates, the Central Government shall serve a copy of the notice on that other person.
(6) A notice served under sub-section (3) shall contain a statement to the effect that an objection may be made thereto within such time and in such manner as may be specified, and if any such objection is duly made and not withdrawn, the Central Government shall afford an opportunity to the person making the objection of appearing before and being heard by a person appointed by the Central Government for the purpose.
(7) After considering any such objection, and the report of the person appointed by it under sub-section (6), the Central Government may serve on the persons upon whom the notice under sub-section (3) or a copy thereof was served a further notice in writing either withdrawing the notice of acquisition or confirming the said notice as respects the property to which it relates or such part of the property as may be specified.
(8) Any property with respect to which a notice of acquisition is served under this section shall-
(a) if no objection is duly made to the notice, vest in the Central Government at the expiration of the time for making such objection;
(b) if such an objection is duly made and the notice is confirmed as respects the whole or any part of that property by a notice served under sub-section (7), vest accordingly in the Central Government on the service of the last mentioned notice, and shall in either case vest free from all encumbrances.
(9) Compensation in respect of acquisition under this section shall be paid in accordance with section 21.
[11-A. Removal of doubts
.-For the removal of doubts, it is hereby declared that the compulsory acquisition of any mineral, concentrate or other material under sub-section (2) of section 6, or of any substance, minerals, equipment or plant under sub-section (1) of section 11, shall not be deemed to be a sale for any purpose whatsoever.]
### 12. Compensation in case of compulsory acquisition of a mine .-
Where the Central Government acquires, in accordance with any law, any mine or part of a mine from which in the opinion of the Central Government any of the prescribed substances can be obtained, a compensation in respect of such acquisition shall be paid in accordance with section 21:
Provided that in determining the amount of such compensation, no account shall be taken of the value of uranium which may be obtained from such mine or part of a mine.
### 13. Novation of certain contracts .-
(1) The Central Government may serve on the parties to a contract relating to prospecting or mining of any substance from which any of the prescribed substances can be obtained or to production or use of atomic energy or to research into matters connected therewith, not being a contract for the rendering of personal services, a notice in writing stating that on such date as may be specified in the notice the rights and liabilities of any of the parties to the contract specified in the notice (hereinafter referred to as the specified party) will be transferred to the Central Government, and thereupon subject to any withdrawal of the notice under the following provisions of this section, the contract shall, as regards any rights exercisable, or liabilities incurred, on or after the said date, have effect as if the Central Government were a party to the contract instead of the specified party and as if for any reference in the contract to the specified party there were substituted as reference to the Central Government.
(2) A notice served under sub-section (1) shall contain a statement to the effect that an objection may be made thereto within such time and in such manner as may be specified, and if any such objection is duly made and not withdrawn, the Central Government shall afford an opportunity to the person making the objection of appearing before and being heard by a person appointed by the Central Government for the purpose.
(3) After considering any such objection and the report of the person appointed by it under sub-section (2), the Central Government may make such order as it may deem proper.
(4) Where the rights and liabilities of a party to a contract are transferred to the Central Government under this section, there shall be paid to that party such compensation in respect of any loss suffered by that party as may be agreed between him and the Central Government, and in default of such agreement, as may be determined by arbitration.
### 14. Control over production and use of atomic energy .-
(1) The Central Government may, subject to such rules as may be made in this behalf, by order prohibit except under a license granted by it-
(i) the working of any mine or minerals specified in the order, being a mine or minerals from which in the opinion of the Central Government any of the prescribed substances can be obtained;
(ii) the acquisition, production, possession, use, disposal, export or import-
(a) of any of the prescribed substances; or
(b) of any minerals or other substances specified in the rules, from which in the opinion of the Central Government any of the prescribed substances can be obtained; or
(c) of any plant designed or adopted or manufactured for the production, development and use of atomic energy or for research into matters connected therewith; or
(d) of any prescribed equipment.
(1A)
No licence under sub-clause (c) of clause (ii) of sub-section (1) shall be granted to a person other than a Department of the Central Government or any authority or an institution or a corporation established by the Central Government, or a Government company.
[(1B)
Any licence granted to a Government company under sub-section (1) shall stand cancelled in case the licensee ceases to be a Government company and, notwithstanding anything contained in any other law for the time being in force, all assets thereof shall vest in the Central Government free from any liability and the Central Government shall take such measures for safe operation of the plant and disposal of nuclear material so vested in it, as may be necessary in accordance with the provisions of section 3.]
(2) Nothing in this section shall affect the authority of the Central Government to refuse a license for the purpose of this section or to include in a license such conditions as the Central Government thinks fit or to revoke a license and the Central Government may take any action as aforesaid.
(3) Without prejudice to the generality of the foregoing provisions, the rules referred to in this section may provide for -
(a) the extent to which information in the possession of, or which has been made available to, the person granted a license for purposes of this section, should be regarded as restricted information;
(b) the extent to which the area or premises under the control of the person to whom a license has been granted for purposes of this section, should be regarded as a prohibited area;
(c) the conditions and criteria for location of any installation or operation of any plant in respect of which a license has been granted or is intended to be granted for the purposes of this section including those necessary for protection against radiation and safe disposal of harmful by-products or wastes;
(d) the extent of the licensee's liability in respect of any hurt to any person or any damage to property caused by ionising radiations or any radioactive contamination either at the plant under license or in the surrounding area;
(e) provision by licensee either by insurance or by such other means as the Central Government may approve, of sufficient funds to be available at all times to ensure settlement of any claims in connection with the use of the site or the plant under license which have been or may be duly established against the licensee in respect of any hurt to any person or any damage to any property caused by ionising radiations emitted at the plant under license or radioactive contamination either at the plant under license or in surrounding areas;
(f) obligatory qualifications, security clearances, hours of employment, minimum leave and periodical medical examination of the persons employed and any other requirement or restriction or prohibition on the employer, employed persons and other persons; and
(g) such other incidental and supplementary provisions including provisions for inspection and also for the sealing of premises and seizure, retention and disposal of any article in respect of which there are reasonable grounds for suspecting that a contravention of the rules has been committed, as the Central Government considers necessary.
(4) The Central Government may also prescribe the fees payable for issue of license under sub-section (1).
### 15. Requisitioning of any substance for extracting uranium or plutonium .-
(1) The Central Government shall have the right to require that any substance which, in the opinion of the Central Government, contains uranium, plutonium or any of their isotopes, shall be delivered to it and the Central Government may extract from that substance the uranium, plutonium or any of their isotopes contained therein and return the substance to the person concerned on payment of compensation which shall be determined in accordance with section 21:
Provided that such compensation shall not, in any case, exceed the cost incurred by the person in the production, mining or irradiation of the substance and in determining the same no account shall be taken of the value of uranium, plutonium or any of their isotopes extracted from the substance.
(2) Nothing in this section shall prevent the Central Government from permitting, subject to such conditions as it may deem fit to impose, the use of small quantities of natural uranium for the purpose of examination, test or analysis.
### 16. Control over radioactive substances .-
The Central Government may prohibit the manufacture, possession, use, transfer by sale or otherwise, export and import and in an emergency, transport and disposal, of any radioactive substances without its written consent.
### 17. Special provisions as to safety .-
(1) The Central Government may, as regards any class or description of premises or places, being premises or places, in which radioactive substances are manufactured, produced, mined, treated, stored or used or any radiation generating plant, equipment or appliance is used, make such provision by rules as appear to the Central Government to be necessary-
(a) to prevent injury being caused to the health of persons employed at such premises or places or other persons either by radiations, or by the ingestion of any radioactive substance;
(b) to secure that any radioactive waste products resulting from such manufacture, production, mining, treatment, storage, or use as aforesaid are disposed of safely;
(c) to prescribe qualifications of the persons for employment at such premises or places and the regulation of their hours of employment minimum leave and periodical medical examination, and the rules may, in particular and without prejudice to the generality of this sub-section, provide for imposing requirements as to the erection or structural alterations of buildings or the carrying out of works.
(2) The Central Government may, as respects the transport of any radioactive substance or any prescribed substance specified by an order issued under this Act as being dangerous to health, make such rules as appear to be necessary to prevent injury being caused by such transport to the health of persons engaged therein and other persons.
(3) Rules made under this section may provide for imposing requirements, prohibitions and restrictions on employers, employed persons and other persons.
(4) Any person authorised by the Central Government under this section, may, on producing, if so required, a duly authenticated document showing his authority, enter at all reasonable hours any premises, or any vehicle, vessel or aircraft for the purpose of ascertaining whether there has been committed, or is being committed, in or in connection with the premises, vehicle, vessel or aircraft, any contravention of the rules made under this section.
(5) In the event of any contravention of the rules made under this section, the Central Government shall have the right to take such measures as it may deem necessary to prevent further injury to persons or damage to property arising from radiation or contamination by radioactive substances including, without prejudice to the generality of the foregoing provisions, and to the right to take further action for the enforcement of penalties under section 24, the sealing of premises, vehicle, vessel, or aircraft, and the seizure of radioactive substances and contaminated equipment.
### 18. Restriction on disclosure of information .-
(1) The Central Government may by order restrict the disclosure of information, whether contained in a document, drawing, photograph, plan, model or in any other form whatsoever, which relates to, represents or illustrates -
(a) an existing or proposed plant used or proposed to be used for the purpose of producing, developing or using atomic energy, or
(b) the purpose or method of operation of any such existing or proposed plant, or
(c) any process operated or proposed to be operated in any such existing or proposed plant.
(2) No person shall -
(a) disclose, or obtain or attempt to obtain any information restricted under sub-section (1), or
(b) disclose, without the authority of the Central Government, any information obtained in the discharge of any functions under this Act or in the performance of his official duties.
(3) Nothing in this section shall apply-
(i) to the disclosure of information with respect to any plant of a type in use for purposes other than the production, development or use of atomic energy, unless the information discloses that plant of that type is used or proposed to be used for the production, development or use of atomic energy or research into any matters connected therewith; or
(ii) where any information has been made available to the general public otherwise than in contravention of this section, to any subsequent disclosure of that information.
### 19. Prevention of entry into prohibited areas .-
The Central Government may by order prohibit-
(a) entry of any person, without obtaining permission, into a prohibited area, and
(b) taking by any persons, without permission, of any photograph, sketch, pictures, drawing, map or other document from a prohibited area and any permission, if given to do these things, may be subject to stipulations which the Central Government may consider necessary.
### 20. Special provisions as to inventions .-
(1) As from the commencement of this Act, no patents shall be granted for inventions which in the opinion of the Central Government are useful for or relate to the production, control, use or disposal of atomic energy or the prospecting, mining, extraction, production, physical and chemical treatment, fabrication, enrichment, canning or use of any prescribed substance or radioactive substance or the ensuring of safety in atomic energy operations.
(2) The prohibition under sub-section (1) shall also apply to any invention of the nature specified in that sub-section in respect of which an application for the grant of a patent has been made to the Controller of Patents and Designs appointed under the [Indian Patents and Designs Act, 1911 (2 of 1911)], before the commencement of this Act and is pending with him at such commencement.
(3) The Central Government shall have the power to inspect at any time any pending patent application and specification before its acceptance and if it considers that the invention relates to atomic energy, to issue directions to the Controller of Patents and Designs to refuse the application on that ground.
(4) Any person, who has made an invention which he has reason to believe relates to atomic energy, shall communicate to the Central Government the nature and description of the invention.
(5) Any person desiring to apply for a patent abroad for an invention relating to or which he has reason to believe relates to atomic energy shall obtain prior permission from the Central Government before making the application abroad or communicating the invention to any person abroad, unless three months have elapsed since his request for permission was made to the Central Government and no reply was received by him.
(6) The Controller of Patents and Designs shall have the power to refer any application to the Central Government for direction as to whether the invention is one relating to atomic energy and the direction given by the Central Government shall be final.
(7) Any invention in the field of atomic energy conceived whether in establishments controlled by the Central Government or under any contract, sub-contract, arrangement or other relationship with the Central Government shall be deemed to have been made or conceived by the Central Government, irrespective of whether such contract, sub-contract, arrangement or other relationship involves financial participation of or assistance from the Central Government.
(8) Notwithstanding anything contained in the [Indian Patents and Designs Act, 1911 (2 of 1911)]
Now see the Patents Act, 1970 (
[39 of 1970
).]
, the decision of the Central Government on points connected with or arising out of this section shall be final.
### 21. Principles relating to payment of compensation .-
(1) Save as otherwise provided in this Act, where by reason of exercise of any powers under this Act, any compensation is payable, the amount of such compensation shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say-
(a) where the amount of compensation is fixed by agreement, it shall be paid in accordance with such agreement;
(b) where no such agreement is reached, the Central Government shall appoint as arbitrator a person having expert knowledge as to the nature of the right affected who shall determine the amount of compensation payable.
(2) In making his award, the arbitrator appointed under sub-section (1) shall have regard -
(a) in the case of any compensation payable under section 9 -
(i) to the nature of the work done;
(ii) the manner, extent and duration of the exercise of any powers under that section;
(iii) the diminution in the rent of the land and of the property situated thereon, which might reasonably be expected over any period or diminution in the market value of the land and property on the date when the exercise of powers comes to an end; and
(iv) the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894 (
1 of 1894
), in so far as such provisions can be made applicable to the exercise of powers under section 9; and
(b) In the case of any compensation payable under section 11 or under section 12, to the price which the owner might reasonably have been expected to obtain on a sale of the property effected by him immediately before the date of the acquisition.
(3) An appeal shall lie to the High Court against an award of the arbitrator except in cases where the amount claimed thereof does not exceed an amount prescribed in this behalf by the Central Government.
(4) The Central Government may make rules prescribing the procedure to be followed in the arbitrations under this Act and the principles to be followed in the apportionment of the cost of proceedings before the arbitrator and on appeal.
(5) Save as provided in this Act, nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this Act.
### 22. Special provisions as to electricity .-
(1) Notwithstanding anything contained in the Electricity (Supply) Act, 1948 (
[54 of 1948
)], the Central Government shall have authority -
(a) to develop a sound and adequate national policy in regard to atomic power, to co-ordinate such policy with the Central Electricity Authority and the State Electricity Boards constituted under sections 3 and 5 respectively of that Act and other similar statutory corporations concerned with the control and utilisation of other power resources, to implement schemes for the generation of electricity in pursuance of such policy and to operate [either by itself or through any authority or corporation established by it or a Government company,]
[Inserted by Act 29 of 1987, Section 4 (w.e.f. 8.9.1987). ]
atomic power stations in the manner determined by it in consultation with the Boards or Corporations concerned, with whom it shall enter into agreement regarding the supply of electricity so produced;
(b) to fix rates for and regulate the supply of electricity from atomic power stations [either by itself or through any authority or corporation established by it or a Government company, in consultation with ]
[Substituted by Act 29 of 1987, Section 4, for " with the concurrence of" (w.e.f. 8.9.1987). ]
of the Central Electricity Authority;
(c) to enter into arrangements with the Electricity Board of the State in which an atomic power station is situated, [either by itself or through any authority or corporation established by it or a Government company]
[Inserted by Act 29 of 1987, Section 4 (w.e.f. 8.9.1987). ]
for the transmission of electricity to any other State:
Provided that in case there is a difference of opinion between the Central Government [or such authority or corporation or Government company, as the case may be,]
[Inserted by Act 29 of 1987, Section 4 (w.e.f. 8.9.1987). ]
and any State Electricity Board in regard to the construction of necessary transmission lines, the matter shall be referred to the Central Electricity Authority whose decision shall be binding on the parties concerned.
(2) No provision of the Indian Electricity Act, 1910 (
[9 of 1910
)] [\*Repealed by the Electricity Act, 2003 (
[36 of 2003
). Now see the Electricity Act, 2003 (
36 of 2003
).
]], or any rule made thereunder or of any instrument having effect by virtue of such law or rule shall have any effect so far as it is inconsistent with any of the provisions of this Act.
(3) Save as otherwise provided in this Act, the provisions of this Act shall be in addition to, and not in derogation of, the Indian Electricity Act, 1910 (
[9 of 1910
)] [\*Repealed by the Electricity Act, 2003 (
[36 of 2003
). Now see the Electricity Act, 2003 (
36 of 2003
).
]], and the Electricity (Supply) Act, 1948 (
[54 of 1948
)] [\*Repealed by the Electricity Act, 2003 (
[36 of 2003
). Now see the Electricity Act, 2003 (
36 of 2003
).
]].
### 23. Administration of Factories Act, 1948.-
Notwithstanding anything contained in the Factories Act, 1948 (65 of 1948), the authority to administer the said Act, and to do all things for the enforcement of its provisions, including the appointment of inspecting staff and the making of rules thereunder, shall vest in the Central Government in relation to any factory owned by the Central Government [or any authority or corporation established by it or a Government company] and engaged in carrying out the purposes of this Act.
### 24. Offences and penalties .-
(1) Whoever-
(a) contravenes any order made under section 14 or any condition subject to which a license is granted under that section; or
(b) contravenes any rule made under section 17 or any requirement, prohibition or restriction imposed under any such rule; or
(c) obstructs any person authorised by the Central Government under sub-section (4) of section 17 in the exercise of powers under that sub-section; or
(d) contravenes sub-section (2) of section 18, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.
(2) Whoever-
(a) fails to comply with any notice served on him under section 5 or with any terms and conditions that may be imposed on him under that section; or
(b) fails to comply with any notice served on him under section 7 or knowingly makes any untrue statement in any return or statement made in pursuance of any such notice; or
(c) obstructs any person or authority in the exercise of powers under section 8 or 9; or
(d) contravenes any other provision of this Act or any order made thereunder, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
### 25. 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 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 and other association of individuals; and
(b) "director" in relation to a firm, means a partner in the firm.
### 26. Cognizance of offences .-
(1) All offences under this Act shall be cognizable under the [Code of Criminal Procedure, 1898 (5 of 1898)], but no action shall be taken in respect of any person for any offence under this Act except on the basis of a written complaint made-
(a) in respect of contravention of section 8, 14 or 17 or any rules or order made thereunder, by the person authorised to exercise powers of entry and inspection;
(b) in respect of any other contravention, by a person duly authorised to make such complaints by the Central Government.
(2) Proceedings in respect of contravention of section 18 shall not be instituted except with the consent of the Attorney General of India.
### 27. Delegation of powers .-
The Central Government may, by order, direct that any power conferred or any duty imposed on it by this Act shall, in such circumstances and subject to such conditions as may be specified in the direction, be exercised or discharged also by-
(a) such officer or authority subordinate to the Central Government, or
(b) such State Government or such officer or authority subordinate to a State Government as may be specified in the direction.
### 28. Effect of other laws .-
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any other instrument having effect by virtue of any enactment other than this Act.
### 29. Protection of action taken in good faith .-
No suit, prosecution or other legal proceeding shall lie against the Government or any person or authority in respect of anything done by it or him in good faith in pursuance of this Act or of any rule or order made thereunder.
### 30. Power to make rules .-
(1) The Central 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-
(a) declaring any information not so far published or otherwise made public as restricted information and prescribing the measures to be taken to guard against unauthorised dissemination or use thereof;
(b) declaring any area or premises as prohibited area and prescribing the measures to be taken to provide against unauthorised entry into or departure from such prohibited area;
(c) reporting of information relating to the discovery of uranium, thorium and other prescribed substances and for payment of rewards for such discoveries;
(d) control over mining or concentration of substances containing uranium;
(e) regulating by licensing and encouraging by award of concessions including rewards, floor prices and guarantees, mining of and prospecting for other prescribed substances;
(f) compulsory acquisition of prescribed substances, minerals and plants;
(g) regulating the production, import, export, transfer, refining, possession, ownership, sale, use or disposal of the prescribed substances and any other articles that in the opinion of the Central Government may be used for, or may result as a consequence of, the production, use or application of atomic energy;
(h) regulating the use of prescribed equipment;
(i) regulating the manufacture, custody, transport, transfer, sale, export, import, use or disposal of any radioactive substance;
(j) regulating the transport of such prescribed substances as are declared dangerous to health under sub-section (2) of section 17;
(k) developing, controlling, supervising and licensing the production, application and use of atomic energy;
(l) fees for issue of licenses under this Act;
(m) the manner of serving notices under this Act;
(n) generally promoting co-operation among persons, institutions and countries in the production, use, application of atomic energy and in research and investigations in that field.
(3) Rules made under this Act may provide that a contravention of the rules shall, save as otherwise expressly provided in this Act, be punishable with fine which may extend to five hundred rupees.
(4) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if [before the expiry of the session immediately following the session] or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 31. Act binding on Government .-
The provisions of this Act shall be binding on Government.
### 32. Repeal of Act 29 of 1948.-[ Repealed by the Repealing and Amending Act, 1974 (56 of 1974), section 2 and Schedule I (w.e.f.20-12-1974).]
|
65b9b762ab84c7eca86e9b6c | acts |
State of Rajasthan - Act
--------------------------
The Rajasthan Electricity (Duty) Rules, 1970
----------------------------------------------
RAJASTHAN
India
The Rajasthan Electricity (Duty) Rules, 1970
==============================================
Rule THE-RAJASTHAN-ELECTRICITY-DUTY-RULES-1970 of 1970
--------------------------------------------------------
* Published on 21 February 1970
* Commenced on 21 February 1970
The Rajasthan Electricity (Duty) Rules, 1970
Published vide Notification No. F. 9(1) FD/CT/70, dated 21-2-1970, published in Rajasthan Gazette, Part 4-C, sub-part 1, Extraordinary, dated 21-2-1970
G.S.R. 93. - In exercise of the powers conferred by section 10 of the Rajasthan Electricity (Duty) Act, 1962, and in supersession of all existing rules made in this behalf, the State Government hereby makes the following rules, namely:-
### 1. Short title.
- The Rules may be called the Rajasthan Electricity (Duty) Rules, 1970.
### 2. Definitions.
- In these rules, unless the subject or context otherwise requires,-
(a) "Act" means the Rajasthan Electricity (Duty) Act, 1962'
(b) "duty" means electricity duty payable under section 3'
(c) "form" means a form appended to these rules'
(d) "Government Treasury" means a treasury or sub-treasury of the Government; and
(e) "section" means section of the Act.
### 3. Time and manner of collection and payment.
- A supplier shall include the electricity duty leviable as a separate item in the bill of charges for the energy supplied by him, and shall recover the same from the consumer with his own charges for the supply of such energy. The supplier shall, within 30 days of expiry of the month in which the duty has been realized:-
(a) [ deposit such duty in the Government treasury in Form IX as appended to these Rules;]
[Substituted by Notification No. F. 9(1) FD/CT/70, dated 8-11-74, published in Rajasthan Gazette Extraordinary Part IV-C, dated 12-11-74.]
and
(b) send the duplicate copy of the treasury challan to the Commissioner or any other officer authorized by him in this behalf:
[Provided that the Board may, within sixty days of the close of the quarter in which duty has been realized, deposit such duty in the Government treasury under the Head "XIII-Other Taxes and Duties-Electricity Duty", subject, however, to the condition that the Board, within thirty days of the close of the month deposits such ad-hoc amount as may be fixed by the Commissioner in consultation with the Board in the Government treasury under the said Head, and sends to the Commissioner or any other Officer authorized by him in this behalf intimation to this effect accompanied by a duplicate copy of the Treasury Challan evidencing payment:]
[Added by Notification No. F. 9(1) FD/CT/70-2, dated 27-5-70, G.S.R. 17, published in Rajasthan Gazette Extraordinary Part IV-C, dated 27-5-70.]
[Provided further that if]
[Inserted by Notification No. F. 15(87) FD/CT/68, dated 23-3-71, G.S.R. 120, published in Rajasthan Gazette Extraordinary Part IV-C, dated 23-3-71.]
duty has been paid by a supplier in respect of consumption of energy in excess of what is payable under this Act, the Commissioner or any other officer authorized by him in this behalf shall authorize the refund or the excess duty so paid to the consumers concerned by adjustment in subsequent bill or bills or by payment in cash where the consumer ceases to take supplies:
Provided further that even if the supplier does not, for any reason, prepare a bill for his own charges against a consumer, he shall, in case duty is chargeable from such consumer, prepare a bill for the duty and recover it in the same manner as his own charges:
Provided also that if the supplier has recovered duty from the consumer who is exempted from payment of duty under section 3, the Commissioner or any other officer authorized by him in this behalf shall authorize the refund of such duty to the consumer.
### 3A. [ Temporary connection for a certain period, for a certain purpose and consumption exceeding certain units chargeable at a higher rate of duty.
[Added by Notification No. F. 9(1) FD/CT/70-2, dated 27-5-70, G.S.R. 17, published in Rajasthan Gazette Extraordinary Part IV-C, dated 27-5-70.]
- The duty in respect of consumption of energy under temporary connection obtained by a consumer from the supplier for lighting purposes, for a period not exceeding 30 days, when such consumption exceeds 25 units shall be computed at the rate fixed under clause (1) of the proviso to section 3.]
### 3B. [ Time and manner of payment of duty by persons generating energy for their own use or who generate energy and supply the same to others free of charge.
[Added by Notification No. F. 9(1) FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.]
(1) Every person (other than a supplier) who intends to generate or intends to continue generation of energy for his own use of consumption or supplies the same to others free of charge shall make an application for registration in Form X to the Commissioner or to an officer authorized by him within thirty days from the date of publication of the Rajasthan Electricity (Duty) (Amendment) Rules, 1979 in the official gazette or within 30 days from the date he starts generation of energy for his own use or consumption, whichever is later. The Commissioner, or the authorized officer shall assign a registration number to such applicant within a period of thirty days from the receipt of such application.
(2) No person to whom a registration number is assigned under sub-rule (1) shall cause any extension or replacement to be made in his generating set without making a fresh application under sub-rule (1) and obtaining a fresh registration number under that sub-rule.
(3) Every person generating energy for his own use or consumption shall install a suitable meter (duty tested) by an Electrical Inspector or by an officer authorized by the Commissioner to record the amount of energy used or consumed by him every month for the purposes of payment of electricity duty. He shall at his own cost get it tested by the Electrical Inspector or by an officer authorized by the Commissioner before installation.
(4) The meter installed under sub-rule (3) shall be so maintained as to record the consumption correctly. The meter shall be deemed to be correct if it conforms with the requirements of sub-rule (1) and sub-rule (2) of Rule 57 of the Indian Electricity Rules, 1956.
(5) Where a meter installed at the premises of a person generating energy for his own use or consumption becomes inaccurate or inoperative the quantity of energy used or consumed for the period the meter remains inaccurate or inoperative shall be determined for the purpose of duty by the Commissioner or by an officer authorized by him after affording a reasonable opportunity of hearing to the person affected.
(6) The electricity duty payable under sub-section (5) of section 5 of the Act on the energy used or consumed shall be deposited by him within 15 days of the close of the month to which the duty relates, in the Government treasury in Form IX as appended to these rules and send the duplicate copy of the Treasury Challan to the Commissioner or to any other officer authorized by him in this behalf so as to reach him within a period of 30 days from the close of the month to which the duty relates.
(7) Every person not being a supplier, who generates energy and supplies the same to any other person free of charge under subsection (6) of section 5 shall-
(a) install a suitable meter (duly tested) to record the energy supplied free of charge, and
(b) collect and pay within 15 days of the close of the month to which the duty relates in the Government treasury in Form IX as appended to these rules and send the duplicate-copy of the Treasury Challan to the Commissioner or to any officer authorized by him in this behalf so as to reach him within a period of 30 days from the close of the month to which the duty relates.
(8) If duty has been paid in excess of what is payable under the Act, the Commissioner or any officer authorized by him shall authorize the refund of the excess duty so paid to the person concerned by adjustment against future dues of duty or by payment in cash where the person ceases to generate energy for his own use or consumption or to supply the same to others free of charge.]
### 3C. [ Class of consumers for the purpose of clause (c) of proviso (3) to Section 3.
[Inserted by Notification No. G.S.R. 58, dated 5.8.2011 (w.e.f. 21.2.1970).]
- Electricity duty on the electricity consumed by agriculture non-metered supply consumers may be reduced and remitted under clause (c) of proviso (3) to Section 3 of the Act.]
### 4. Manner of calculating duty in case of enhancement, reduction or remission.
- If the rate of the electricity duty is enhanced or reduced or such duty is remitted by a notification, the duty payable or remitted in respect of the electrical energy consumed during the period between the date of coming into force of the notification and the date of the first meter reading recorded thereafter shall be computed in such proportion as the period from the date of such notification to the first meter reading thereafter bears to the total period between the date of the last meter reading before, and the first meter reading, after the date of such notification.
### 5. Keeping of books of accounts.
- [(1) ]
[Renumbered by Notification No. F. 15(87) FD/CT/68, dated 23-3-71, G.S.R. 120, published in Rajasthan Gazette Extraordinary Part IV-C, dated 23-3-71.]
The books of account kept by a supplier under section 6 shall contain the following particulars separately for each consumer, namely:-
(i) Service connection number:
(ii) address and brief description of the premises to which the energy is supplied:
(iii) number of units of energy consumed:
(iv) rate of supply:
(v) details and amount of electricity duty charged:
(vi) date of repayment of electricity duty:
(vii) details of duty adjusted in accordance with rule 3:
(viii) date of disconnection.
(2) [ The Board shall also maintain record of energy supplied to consumers or consumed by it, and duty charged, realized and paid to Government in Forms VI, VII and VIII.]
[Added by Notification No. F. 15(87) FD/CT/68, dated 23-3-71, G.S.R. 120, published in Rajasthan Gazette Extraordinary Part IV-C, dated 23-3-71.]
(3) [ Every person who generates energy for his own use or consumption and every person, not being a supplier, who generates energy and supplies the same to any other person free of charge shall maintain register in Form XI.]
[Inserted by Notification No. F. 9(1) FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.]
### 6. Submission of returns.
- A supplier shall submit to the Commissioner or any other officer, authorized by him in this behalf:-
(a) a return in duplicate in Form I within 30 days from the date of expiry of the quarter to which the return pertains: and
(b) a return in duplicate, in Form II. within two months of the close of the financial year.
Provided that the Board or any Officer authorised by it, shall instead of returns in Form I and II, submit:
(a) a return in duplicate in Form 111 for each of their units supplying energy to the consumers or for consumption by the Board, within 30 days from the close of the month to which the return pertains:
(b) a return in duplicate in Form IV within sixty days of the close of the quarter to which the return pertains; and
[(c) a return in duplicate in Form V, within ninety days of the close of the Financial year to which it pertains.]
[Provided further that every person who generates energy for his own use or consumption and every person, not being a supplier, who generates energy and supplies the same to any person free of charge shall furnish to the Commissioner or any officer authorised by him a return in duplicate in Form XII within 30 days from the date of expiry of the quarter to which the return pertains.]
[Inserted by Notification No. F. 9(1) FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.]
### 7. Inspection of books of account.
- The Commissioner or Deputy Commissioner, Commercial Taxes (Administration) [any other Taxes Officer not below the rank of Commercial Taxes Officer authorised by the Commissioner in this behalf]
[Added by Notification No. F. 15(87) FD/CT/68, dated 23-3-71, G.S.R. 120, published in Rajasthan Gazette Extraordinary Part IV-C, dated 23-3-71.]
may, at any time, require a supplier #[or a person liable to pay electricity duty under sub- section (5) or (6) of section 5] to produce for inspection at the registered or other office of the supplier [or a person liable to pay electricity Duty under sub-section (5) or (6) of section 5]
[Inserted by Notification No. F. 9(1) FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.]
such books and records in his possession or control as may be necessary for ascertaining or verifying the amount of electricity duty chargeable under the Act.
### 8. Power of entry of Officers.
- The Commissioner or the Deputy Commissioner, Commercial Taxes (Administration) [any other Taxes Officer not below the rank of Commercial Taxes Officer authorised by the Commissioner in this behalf]
[Substituted by Notification No. F. 9(1) FD/CT/70-1, dated 21-4-72, published in Rajasthan Gazette Extraordinary Part IV-C, dated 21-4-72.]
may enter any premises where energy is, or is believed to be supplied by a supplier [or a person liable to pay electricity duty under sub-sections (5) or (6) of section 5]
[Inserted by Notification No. F. 9(1) FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.]
for the purpose of:-
(i) verifying the statements made in the books of accounts kept and returns submitted by the supplier [or a person liable to pay electricity duty under sub-sections (5) or (6) of section 5]
[Inserted by Notification No. F. 9(1) FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.]
:
(ii) checking the readings of the meters: and
(iii) verifying the particulars required in connection with the levy of electricity duty.
### 9. Other duties of Officers.
- The Commissioner or Deputy Commissioner, Commercial Taxes (Administration) [any other Tax Officer not below the rank of Commercial Taxes Officer authorised by the Commissioner in this behalf]
[Substituted by Notification No. F. 9(1) FD/CT/70-1, dated 21-4-72, published in Rajasthan Gazette Extraordinary Part IV-C, dated 21-4-72.]
shall, as often, as may be necessary, inspect the books of accounts kept and returns submitted by a supplier [or a person liable to pay electricity duty under sub-sections (5) or (6) of section 5]
[Inserted by Notification No. F. 9(1) FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.]
, under Rules 5 and 7 respectively and apply such test as may be deemed by him necessary to individual entries for verifying the particulars noted by the supplier, [or a person liable to pay electricity duty under sub-sections (5) or (6) of section 5]
[Inserted by Notification No. F. 9(1) FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.]
, so far as they are connected with the levy of duty. He shall also verify all entries relating to-
(i) exemption from duty; and
(ii) adjustments allowed by the supplier [or a person liable to pay electricity duty under sub-sections (5) or (6) of section 5]
[Inserted by Notification No. F. 9(1) FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.]
,
### 10. Provision of separate meters.
- Where there is a combined installation using energy and part of a supply of energy is dutiable and part is exempt the consumer shall install and maintain additional, suitable and correct meter or sub-meter to register the quantities of two kinds of consumption separately.
### 11. Disputes between the supplier and the consumer.
- In the case of a dispute between a supplier and a consumer regarding the liability of the consumer for the payment of the duty or exemption therefrom, [or in case of dispute regarding liability to pay electricity duty under sub-sections (5) or (6) of section 5]
[Inserted by Notification No. F. 9(1) FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.]
, the Commercial Taxes Officer, [authorised by the Commissioner in this behalf]
[Substituted by Notification No. F. 9(1) FD/CT/70-1, dated 21-4-72, published in Rajasthan Gazette Extraordinary Part IV-C, dated 21-4-72.]
shall decide the matter. An appeal against the order of the Commercial Taxes Officer shall lie within three months from the date of the order to the Deputy Commissioner, Commercial Taxes (Appeals) .
### 11A. [ Power of revision.
[Added and inserted by Notification No. F. 9(1) FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.]
- The Commissioner may, of his own motion at any time, or on an application by the Commercial Taxes Officer, the supplier or any other person liable to pay duty under sub-section (5) or (6) of section 5 or a consumer, present ed within ninety days from the date of communication of the order passed by the Deputy Commissioner, Commercial Taxes (Appeals) under rule 11, call for the record of the proceedings in which the order complained against was passed and if, after examining the record he considers that such order is illegal, improper or erroneous, he may, subject to the provisions of the Act, pass such order as he thinks fit.]
[Renumbered and added by Notification No. F. 15(87) FD/CT/68, dated 23-3-71, G.S.R. 120, published in Rajasthan Gazette Extraordinary Part IV-C, dated 23-3-71.]
### 12. Composition.
- The Deputy Commissioner, Commercial Taxes (Administration) shall, within their respective jurisdiction, be the prescribed authority for the purposes of section 9.
Form I
Return showing information regarding energy supplied to consumers, electricity duty charged thereon recovered and paid to Government for the quarter ending...............
| | | |
| --- | --- | --- |
|
1.
|
Name of the undertaking......................
|
|
|
2.
|
Total units generated........................
|
|
|
3.
|
Total units supplied.........................
|
|
|
4.
|
Exempted units...............................
|
|
|
Categories of consumers eligible for exemption
|
Total Units supplied to consumers in column (1) |
Units consumed out of the supply in Column (2) in any buildings or parts of buildings or parts of
buildings/premises used for commercial or residential purposes
|
Units exempted difference of Units in Columns
(2) and (3)
|
|
1
|
2
|
3
|
4
|
|
(a) |
by the Government of India.
|
|
|
(b) |
in the construction, maintenance or operation of any Railway
by the Government of India.
|
|
|
(c) |
by a cultivator in agricultural operations carried on in, or
near his fields such as pumping of water for irrigation,
crushing, milling or treating of produce of those fields or
chaff cutting.
|
|
|
(d) |
by hospitals or dispensaries which are not maintained for
private gain.
|
|
|
(e) |
by recognised educational institutions.
|
|
|
(f) |
by places of public worship.
|
|
|
(g) |
by a consumer in any industry in the manufacture, production,
processing or repair of goods.
|
|
|
(h) |
by or in respect of any mine as defined in the Indian Mines
Act.
|
\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
|
Total Units Exempted
|
\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
5
|
Net number of units dutiable (3 minus 4 i.e. the difference
of 'total units supplied' and 'total units
exempted').............
|
Rs. ...........
|
|
6
|
Amount of electricity duty for units shown at 5
above...........
|
Rs. ...........
|
|
7
|
Plus: Recoveries made from consumers disconnected.
|
Rs. ...........
|
|
8
|
Plus: Outstanding dues from previous returns and portion
thereof since recovered.
|
Rs. ...........
|
|
9
|
Less: Refunds or adjustments on account of write off of
irrecoverable dues etc., allowed as per Schedule attached.
|
Rs. ...........
|
|
10
|
Less: Recoverable outstanding against consumers disconnected
|
Rs. ...........
|
|
11
|
Amount of duty refunded under Rule 3 vide Schedule I attached
|
Rs. ...........
|
|
12
|
Amount written off under Rule 5, vide Schedule II attached
|
Rs. ...........
|
|
13
|
Amount paid into Treasury-Challan No. .......... dated
...........
|
Rs. ...........
|
I to Form 'I'
---------------
Amount of electricity duty refunded under Rule 3, during the quarter ending ....................
Name of the undertaking ....................
| | | | |
| --- | --- | --- | --- |
|
Serial No.
|
Service connection No.
|
Name and address of the consumer
|
Amount of duty refunded
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
| | | |
| --- | --- | --- |
|
Ledger Account no.
|
Commissioner sanction Reference No. .............
Dated............
|
Remarks
|
|
5
|
6
|
7
|
|
|
|
|
II to Form 'I'
----------------
Amount of Electricity duty written off under Rule 5 for the quarter ending ....................
Name of the undertaking ......................
| | | | |
| --- | --- | --- | --- |
|
Serial No.
|
Service connection No.
|
Name and address of the consumer
|
Amount of duty written off
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
| | | |
| --- | --- | --- |
|
Ledger Account no.
|
Commissioner sanction Reference No. .............
Dated............
|
Remarks
|
|
5
|
6
|
7
|
|
|
|
|
Form II
Return of electricity duty for the year ending March 31, 19......
| | | |
| --- | --- | --- |
|
1.
|
Name of the undertaking..............
|
|
|
2.
|
(i) Amount shown outstanding in the previous
return as on 31st March, 19..............
|
Rs. ..............
|
|
|
(ii) Add: Total amount of duty billed for the
year as per column 2 of the Schedule attached hereto
|
Rs. .............
|
|
|
|
\_\_\_\_\_\_\_\_\_\_\_
|
|
|
Total of (i) & (ii)
|
Rs. \_\_\_\_\_\_\_\_
|
|
3.
|
Less:-
|
|
|
|
(i) Total amount paid to Government for the year
as per column 3 of the Schedule attached hereto
|
..................Rs.
|
|
|
(ii) Refunds as per column 4 of the Schedule
attached hereto
|
.................Rs.
|
|
|
(iii) Written off as per column 5 of the
Schedule attached hereto
|
….............Rs.
|
|
|
(iv) Adjustment as per column 6 of the Schedule
attached hereto
|
................Rs.
|
|
|
|
\_\_\_\_\_\_\_\_\_\_
|
|
|
Total of (i) & (iv)
|
Rs. \_\_\_\_\_\_\_
|
Balance outstanding as on 31st March, 19 ............. (2, 3) .............
to Form II
------------
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Year 19 ... 19 months
|
Amount of duty billed, vide rule 3
|
Amount paid to Government vide rule 3
|
Refunds, vide rule 3
|
Written of, vide rule 6
|
Adjustment
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
April
|
|
May
|
|
June
|
|
July
|
|
August
|
|
September
|
|
October
|
|
November
|
|
December
|
|
January
|
|
February
|
|
March
|
|
Total
|
[Form III]
[Forms III to VIII added by Notification No. F. 15(87) FD/CT/68, dated 23-3-71, G.S.R. 120, published in Rajasthan Gazette Extraordinary Part IV-C, dated 23-3-71.]
(See Rule 6)
Monthly Return Regarding Energy Supplied to Consumers and Electricity Duty Charged/Recovered therefrom and Consumed by the Board for the Month of......................
| | | | | |
| --- | --- | --- | --- | --- |
|
S. No.
|
Particulars
|
Duty rate per unit (paisa) |
Units supplied
|
Amount of dutyRs. P.
|
|
1
|
2
|
3
|
4
|
5
|
|
1.
|
Duty charged on the units sold during the month or consumed
by the[Board]
[Energy consumed by the Board for commercial or residential purposes alone be included.]
|
|
|
|
(a) At full rates of duty.
|
|
|
|
(b) At reduced rates of duty.
|
|
|
|
(c) On which is remitted or not levied as per notification
issued under clause (3) of the proviso to section 3 of the Act.
|
|
|
|
(d) On which duty is not leviable under clause (2) of the
proviso to section 3 of the Act.
|
|
|
2.
|
Add opening balance of the duty outstanding against the
Board for energy consumed by it.
|
|
|
3.
|
Less duty realized from the consumer during the month.
|
|
|
4.
|
Less or Add-Refunds or adjustments on account of levy of
arrears or write off etc. allowed as per schedule attached.
|
|
|
5.
|
Closing balance of the duty outstanding against the consumer
at the end of the month and against the Board for energy
consumed by it (Item 1+2=3+4).
|
|
|
Certified that the figures stated
above have been verified, reconciled and found correct.
|
Signature
Assistant Engineer or Officerauthorised by the Board.
I to Form III
---------------
Name of Unit ................... Division .................. Circle .......................
Amount of Electricity Duty written off or charged excess being refunded or charged less being debited through adjustment under Rule 3 during the month of..............................
| | | | | |
| --- | --- | --- | --- | --- |
|
S. No.
|
Service connection No.
|
Name and address of consumer
|
Class of the consumer
|
Particulars of amount written or refunded or
adjusted
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Amount of duty
|
Ref. to ledger folio consumers charges and
allowances register
|
Authority
|
Sanction Reference No. and date
|
Remarks
|
|
6
|
7
|
8
|
9
|
10
|
|
Total amount carried over to item No. 4 of
the return
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
|
|
Signature of Assistant Engineer or Officer
authorised by the Board.
|
Form IV
(See rule 6)
Quarterly return showing information regarding Electricity Duty charged and realized on the energy supplied to the consumers or payable on the energy consumed by the Board, for the...................quarter ending.........
| | |
| --- | --- |
|
S. No.
|
Units\*
|
|
Chargeable at full rate
|
Chargeable at reduced rates
|
Remitted by Government
|
Exempted under clause (2) of the proviso to
Section 3 of the Act
|
Total units sold
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
\*Note. - This should also include energy consumed by the Board for commercial or residential purposes.
| | |
| --- | --- |
|
Name of the month
|
Amount of duty charge at
|
|
Full ratesRs. p.
|
Reduced ratesRs. p.
|
Add/Less write off, refunds adjustmentsRs.
p.
|
TotalRs. p.
|
|
7
|
8
|
9
|
10
|
11
|
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Add opening balance outstandingRs. p.
|
TotalRs. p.
|
Duty realizedRs. p.
|
Closing balance of duty outstanding (Co.
13-14)Rs. p.
|
|
12
|
13
|
14
|
15
|
|
|
|
|
|
| | | |
| --- | --- | --- |
|
Ad-hoc amount paid to the Government during the
quarter with No. & date of challanRs. p.
|
Difference of Column No. 14 and 16 with the date
and number of Treasury Challan under which the amount was paid
(Duplicate copy of Challan to be enclosed with the return)Rs.
p.
|
Remarks
|
|
16
|
17
|
18
|
|
|
|
|
Certified that the figures stated above have been verified, reconciled and found correct.
Controller of Accounts or Officerauthorised by the Board.
Form V
[See rule 5(2) ]
Rajasthan State Electricity Board Office of the Controller for Accounts, Jaipur
Annual Return of Electricity Duty for the year ending March 31, 19..............
| | | |
| --- | --- | --- |
|
Month
|
Duty payable during the month (including duty
payable on energy consumed by the Board for Commercial or
residential purposes)
|
Duty realized during the month
|
|
1
|
2
|
3
|
|
1. April
|
Rs. P.
|
Rs. P.
|
|
2. May
|
|
|
|
3. June
|
|
|
|
4. July
|
|
|
|
5. August
|
|
|
|
6. September
|
|
|
|
7. October
|
|
|
|
8. November
|
|
|
|
9. December
|
|
|
|
10. January
|
|
|
|
11. February
|
|
|
|
12. March
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Duty paid to Commercial Taxes Department relating to
this monthRs. p.
|
Treasury Voucher No. and date
|
Refunds/ write off adjustmentsRs. p.
|
Balance amount payable for the month. (Col. 3
Col. 4)Rs. p.
|
Remarks
|
|
4
|
5
|
6
|
7
|
8
|
|
|
|
|
|
|
Supplementary payments of duty realized and paid
Certified that the figures stated above havebeen verified, reconciled and found correct.
Controller of Accounts or Officerauthorised by the Board.
Form VI
[See rule 5(2) ]
Office of the Controller of Accounts, Rajasthan State Electricity Board, Jaipur
Control Register of Electricity duty payable realized and paid on energy supplied to the consumer or consumed by the Board for the month of..............................
| | |
| --- | --- |
|
S. No.
|
Units supplied to consumers including those
consumed by the Board for Commercial or residential purposes
|
|
Full rates
|
Chargeable at reduced rates
|
On consumption of which duty is remitted
|
On consumption of which duty is not leviable
|
Total units chargeable to duty (2+3)
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
| | |
| --- | --- |
|
Name of the units
|
Amount of duty
charged at
|
|
Full ratesRs. p.
|
Reduced ratesRs. p.
|
Add/Less writ off refunds/adjustmentsRs. p.
|
TotalRs. p.
|
|
7
|
8
|
9
|
10
|
11
|
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Add opening balance outstandingRs. p.
|
Total 11+12
|
Less realization during the month
|
Closing balance of duty outstanding at the close
of the month
|
Remarks
|
|
12
|
13
|
14
|
15
|
16
|
|
|
|
|
|
|
Form VII
[See Rule 5(2) ]
Office of the Controller of Accounts, Rajasthan State Electricity Board, Jaipur
Consolidated Register of Electricity Duty Assessed, Realized and paid on the Energy Supplied to the Consumers or Consumed by the Board for the year.........................
| | |
| --- | --- |
|
S. No.
|
\*Units supplied to consumers including those
consumed by the Board
|
|
Full rates
|
Chargeable at reduced rates
|
On consumption of which duty has been remitted
by Government
|
On consumption of which duty is not leviable
under clause (2) of the proviso to Section 3 of the Act
|
Total units liable to duty (Col. 2, Col. 3)
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
| | |
| --- | --- |
|
Name of the month
|
Amount of duty charge at
|
|
Full ratesRs. p.
|
Reduced ratesRs. p.
|
Add/Less Write off refunds adjustmentsRs. p.
|
TotalRs. p.
|
|
7
|
8
|
9
|
10
|
11
|
|
|
|
|
|
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Add opening balance outstanding
|
Total
|
Duty realized
|
Closing balance of duty outstanding (Col. 13-14)
|
Ad-hoc amount by way of duty paid
|
Remarks
|
|
Rs. p.
|
Rs. p.
|
Rs. p.
|
Rs. p.
|
Rs. p.
|
|
|
12
|
13
|
14
|
15
|
16
|
17
|
|
|
|
|
|
|
|
\*Note. - This should include energy consumed by the Board for commercial or residential purposes.
Form VIII
[See rule 5(2) ]
Rajasthan State Electricity Board
Control register for electricity duty realized and deposited in Government Treasury
| | | |
| --- | --- | --- |
|
Month
|
Duty payable including the month (including duty
payable by the Board on energy consumed by it for Commercial or
residential purposes)
|
Duty realized during the month
|
|
1
|
2
|
3
|
|
|
|
|
|
|
Duty paid to Commercial Taxes Department Government
A/Cs.
|
Challan/ Voucher No. and date
|
Refunds/ write off and adjustments
|
Balance amount payable for the month. (Col. 3 -
4)
|
Remarks
|
|
1 - 3
|
4
|
5
|
6
|
7
|
8
|
|
1. April
|
|
|
|
|
|
|
2. May
|
|
|
|
|
|
|
3. June
|
|
|
|
|
|
|
4. July
|
|
|
|
|
|
|
5. August
|
|
|
|
|
|
|
6. September
|
|
|
|
|
|
|
7. October
|
|
|
|
|
|
|
8. November
|
|
|
|
|
|
|
9. December
|
|
|
|
|
|
|
10. January
|
|
|
|
|
|
|
11. February
|
|
|
|
|
|
|
12. March
|
|
|
|
|
|
|
13.
Supplementary payments of duty realized in this year and paid
during next year.
|
|
|
Form IX
[See Rule 3 and 3B of the Rajasthan Electricity (Duty) Rules, 1970]
Part I – To be retained in Treasury. Electricity Duty Challan
---------------------------------------------------------------
### 0. ###
43.
-Taxes and duties on Electricity Duty.
(a) Taxes on consumption and sale of Electricity.
Invoice of tax etc paid into Treasury
Sub-Treasury...............for...........
(period) {|
|-
| Name and address of supplier on whose behalf money is paidor the person liable to pay electricity duty under sub-section
[(5) or (6) of section 5 of the Rajasthan Electricity (Duty) Act,
### 1962. ]
[Added by Notification No. F. 9(1) FD/CT/70, dated 8-11-74, published in Rajasthan Gazette Extraordinary Part IV-C, dated 12-11-74.]
| Payment on account of
| Amount
|-
| ..............................
| (i) Electricity Duty for the period from .......... to
.............
|
| Rs. .................
|-
|
| (ii) Other receipts
|
| Rs. .............
|-
|
|
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
| Total (i) &
(ii) |
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
|
(In words) Rs.
.................................................
|-
|
| For use in Treasury only
|
|
|-
| Date ............
| 1. No. of Challan
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
|
| 2. No. of entry in Electricity Duty Receipt Register
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
|
| 3. Date of entry in Electricity Duty Receipt Register
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
| Depositor
| Treasury Stamp
|
| Treasury Accountant
|-
|
| Treasury/Sub-Treasury Officer
|
|
|}
Form IX
[See Rule 3 and 3B of the Rajasthan Electricity (Duty) Rules, 1970]
Part II – To be returned to the Commercial Taxes Officers. Electricity Duty Challan
-------------------------------------------------------------------------------------
### 0. ###
43.
-Taxes and duties on Electricity Duty.
(a) Taxes on consumption and sale of Electricity.
Invoice of tax etc. paid into Treasury
Sub-Treasury..............for...........
(period) {|
|-
| Name and address of supplier on whose behalf money is paid[or the person liable to pay electricity duty under sub-section
(5) or (6) of section 5 of the Rajasthan Electricity (Duty) Act,
### 1962. ]
[Added by Notification No. F. 9(1) FD/CT/70, dated 8-11-74, published in Rajasthan Gazette Extraordinary Part IV-C, dated 12-11-74.]
| Payment on account of
| Amount
|-
| ..............................
| (i) Electricity Duty for the period from .......... to
.............
|
| Rs. .................
|-
|
| (ii) Other receipts
|
| Rs. .............
|-
|
|
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
| Total (i) &
(ii) |
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
|
(In words) Rs.
.................................................
|-
|
| For use in Treasury only
|
|
|-
| Date ............
| 1. No. of Challan
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
|
| 2. No. of entry in Electricity Duty Receipt Register
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
|
| 3. Date of entry in Electricity Duty Receipt Register
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
| Depositor
| Treasury Stamp
|
| Treasury Accountant
|-
|
| Treasury/Sub-Treasury Officer
|
|
|}
Form IX
[See Rule 3 and 3B of the Rajasthan Electricity (Duty) Rules, 1970]
Part III – To be given to the depositor for retention by him. Electricity Duty Challan
----------------------------------------------------------------------------------------
### 0. ###
43.
-Taxes and duties on Electricity Duty.
(a) Taxes on consumption and sale of Electricity.
Invoice of tax etc. paid into Treasury
Sub-Treasury............... for..........
(period) {|
|-
| Name and address of supplier on whose behalf money is paid[or the person liable to pay electricity duty under sub-section
(5) or (6) of section 5 of the Rajasthan Electricity (Duty) Act,
### 1962. ]
[Added by Notification No. F. 9(1) FD/CT/70, dated 8-11-74, published in Rajasthan Gazette Extraordinary Part IV-C, dated 12-11-74.]
| Payment on account of
| Amount
|-
| ..............................
| (i) Electricity Duty for the period from .......... to
.............
|
| Rs. .................
|-
|
| (ii) Other receipts
|
| Rs. .............
|-
|
|
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
| Total (i) &
(ii) |
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
|
(In words) Rs.
.................................................
|-
|
| For use in Treasury only
|
|
|-
| Date ............
| 1. No. of Challan
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
|
| 2. No. of entry in Electricity Duty Receipt Register
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
|
| 3. Date of entry in Electricity Duty Receipt Register
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
| Depositor
| Treasury Stamp
|
| Treasury Accountant
|-
|
| Treasury/Sub-Treasury Officer
|
|
|}
Form IX
[See Rule 3 and 3B of the Rajasthan Electricity (Duty) Rules, 1970]
Part IV – To be given to the depositor for transmission to the Commercial Taxes Officer. Electricity Duty Challan
-------------------------------------------------------------------------------------------------------------------
### 0. ###
43. Taxes and duties on Electricity Duty.
(a) Taxes on consumption and sale of Electricity.
Invoice of tax etc. paid into Treasury
Sub-Treasury..............for............
(period) {|
|-
| Name and address of supplier on whose behalf money is paid[or the person liable to pay electricity duty under sub-section
(5) or (6) of section 5 of the Rajasthan Electricity (Duty) Act,
### 1962. ]
[Added by Notification No. F. 9(1) FD/CT/70, dated 8-11-74, published in Rajasthan Gazette Extraordinary Part IV-C, dated 12-11-74.]
| Payment on account of
| Amount
|-
| ..............................
| (i) Electricity Duty for the period from .......... to
.............
|
| Rs. .................
|-
|
| (ii) Other receipts
|
| Rs. .............
|-
|
|
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
| Total (i) &
(ii) |
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
|
(In words) Rs.
.................................................
|-
|
| For use in Treasury only
|
|
|-
| Date ............
| 1. No. of Challan
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
|
| 2. No. of entry in Electricity Duty Receipt Register
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
|
| 3. Date of entry in Electricity Duty Receipt Register
|
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_
|-
| Depositor
| Treasury Stamp
|
| Treasury Accountant
|-
|
| Treasury/Sub-Treasury Officer
|
|
|}
[Form X]
[Forms X, XI & XII added w.e.f. 4-7-79.]
(See rule 3B)
Application for registration by a person (other than a supplier) who generates energy for his own use or consumption or who supplies the same to others free of charge.
| | | |
| --- | --- | --- |
|
1.
|
Name and full address of the applicant.
|
|
|
2.
|
Name and addresses of the proprietor/ partners of any person
having any interest in the business.
|
|
|
3.
|
Name and address of the person owing generating set.
|
|
|
4.
|
Description of the place where the generating set is used or
is intended to be used. (Mention here all the places where the
energy is consumed or used)
|
|
|
5.
|
Description of the generating set-
|
|
|
|
(i) Make
|
|
|
|
(ii) Installed capacity
|
|
|
|
(iii) Firm capacity
|
|
|
|
(iv) Whether thermal or diesel.
|
|
|
6.
|
Date of purchase.
|
|
|
7.
|
Date of installing a separate meter/ sub-meter and the date on
which it has been duly tested, also give the name of the officer
who has tested it.
|
|
|
8.
|
Date of commencement of generation
|
|
|
9.
|
Average daily consumption.
|
|
|
10.
|
Purpose for which the set is used or is intended to be used.
|
|
|
11.
|
Whether the set is used at one fixed place or intended to be
shifted from place to place.
|
|
|
12.
|
Remarks, (applicant may include here any additional
information).
|
|
Declaration
I/We certify that the particulars stated above are true to my/our best of knowledge and belief and nothing has been willfully omitted therein.
Signature of the Applicant
Date.......................
Form XI
[See rule 5(3) ]
Register to be maintained by a person who generates energy for his own use or consumption or supplies the same to any other person free of charges.
### 1. Name of the person who generates energy ###
2. Place of generation of energy
### 3. Capacity of the generating set ###
4. Date on which the meter was tested and the name of the officer testing it.
| | |
| --- | --- |
|
Month
|
Total No. of units generated and consumed (as per
meter reading)
|
|
At the end of the month
|
At the beginning of the month
|
Total units generated
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
| | |
| --- | --- |
|
No. of units
|
Amount of Electricity Duty payable thereon
|
|
Used by self
|
Supplied free of charge
|
Total units consumed
|
Rate of Elec. duty payable
|
Amount payable
|
|
5
|
6
|
7
|
8
|
9
|
|
|
|
|
|
|
| | |
| --- | --- |
|
No. of units for which duty is exempted, if any.
|
Details of Elec. duty paid
|
|
Treasury Challan No.
|
Date
|
Amount
|
|
10
|
11
|
12
|
13
|
|
|
|
|
|
| | | |
| --- | --- | --- |
|
Details of Elec. duty adjusted, or refund
obtained if any.
|
Remarks
|
Signature of the person consuming energy
|
|
14
|
15
|
16
|
|
|
|
|
Form XII
(See rule 6)
Quarterly return to be submitted under section 6 of the Rajasthan Electricity (Duty) Act, 1962 showing generation of the energy for his own use or consumption or supplies the same to others free of charge for the quarter ending...........
| | | |
| --- | --- | --- |
|
1.
|
Name and address of the person generating energy with
registration number
|
|
|
2.
|
Description of the place where generation is being made
(Mention here description of all places where energy generated
and consumed)
|
|
|
3.
|
Particulars of generating set:-
|
|
|
|
(a) Make
|
|
|
|
(b) Firm Capacity
|
|
|
|
(c) Whether thermal or diesel
|
|
|
4.
|
Total number of units of energy generated, consumed and
supplied free of charge during the quarter:-
|
|
|
|
1. At the beginning of the quarter (As per meter reading)
|
|
|
|
2. At the end of the quarter (As per meter reading)
|
|
|
|
3. Total No. of units generated during the quarter
|
|
|
5.
|
Total No. energy supplied to others free of charge during the
quarter
|
|
|
6.
|
No. of units exempted from Electricity Duty, if any
|
|
|
7.
|
Number of units on which Electricity Duty is payable alongwith
rate of electricity duty per unit
|
|
|
8.
|
Amount of Electricity Duty payable.
|
|
|
9.
|
Amount paid into treasury vide:
|
|
|
|
(i) Challan No. Date Amount
|
|
|
|
(ii) Challan No. Date Amount
|
|
|
|
(iii) Challan No. Date Amount
|
|
|
10.
|
Details of electricity duty adjusted or refund obtained, if
any
|
|
|
11.
|
Balance, if any
|
|
|
12.
|
Remarks
|
|
Declaration
### 1. /We certify that the particulars stated above are true to my/our best of knowledge and belief and nothing has been wilfully omitted therein
Signature
Date........
Notifications
[Notification No. 14(2) Tax/CCT/68/127, dated December 26, 1973, published in Rajasthan Gazette Extraordinary Part IV-C, dated 26-12-1973, p. 417]. - S.O. 145. - In pursuance of the second and fourth provisos to Rule 3 of the Rajasthan Electricity (Duty) Rules, 1970, I, Bhim Singh, Commissioner, Commercial Taxes Department, Rajasthan, hereby authorise all the Officers of the Electricity Board or the Supplying Companies responsible for the issue of electric bills to consumers, for the purpose of refund of Electricity Duty under the said proviso.
[Notification No. 10 (E. Duty) ST/62/65, dated July 6, 1979, published in Rajasthan Gazette Extraordinary Part IV (Ga II), dated 6-7-1979, p. 109]. - S.O. 53. - In pursuance of Rule 3B of the Rajasthan Electricity (Duty) Rules, 1970, I, DC Joseph, Commissioner, Commercial Taxes, Rajasthan, Jaipur hereby authorise all the Commercial Taxes Officers incharge of Ordinary Circles, each within his jurisdiction as notified for the purposes of the Rajasthan Sales Tax Act 1954 (Rajasthan Act 29 of 1954) to receive applications under the said rule and to exercise all the powers and perform all the functions required of an officer authorised under this rule:
Provided that in respect of Jaipur and Jodhpur cities such powers will be exercised by the Commercial Taxes Officer of Circle 'A' of the city concerned throughout the Municipal limits of that city, and by no other.
[Notification No. 10 (E. Duty) ST/62/64, dated July 6, 1979, published in Rajasthan Gazette Extraordinary Part IV (Ga) (II), dated 6-7-1979, p. 108]. - S.O. 52. - In pursuance of the proviso to Rule 6 of the Rajasthan Electricity (Duty) Rules, 1970, I, D.C. Joseph, Commissioner, Commercial Taxes Department, Rajasthan, Jaipur hereby authorise all the Commercial Taxes Officers in charge of Ordinary Circles, each within his jurisdiction as notified for the purposes of the Rajasthan Sales Tax Act, 1954 (Rajasthan Act 29 of 1954), to receive returns under the said proviso:
Provided that in respect of Jaipur and Jodhpur cities, such powers will be exercised by the Commercial Taxes Officer of Circle "A" of the city concerned throughout the municipal limits of that city, and by no other.
[Notification No. 10 (E. Duty) ST/62-63, dated July 6, 1979, published in Rajasthan Gazette Extraordinary Part IV (C) (II), dated 6-7-1979, p. 107]. - S.O. 52. - In pursuance of the proviso to Rule 11 of the Rajasthan Electricity (Duty) Rules, 1970, I, D.C. Joseph, Commissioner, Commercial Taxes Department, Rajasthan, Jaipur hereby authorise all the Commercial Taxes Officers in charge of Ordinary Circles, each within his jurisdiction as notified for the purposes of the Rajasthan Sales Tax Act, 1954 (Rajasthan Act 29 of 1954), to decide disputes regarding payment of electricity duty under sub-section (5) or (6) of section 5 of the Rajasthan Electricity (Duty) Act, 1962:
Provided that in respect of Jaipur and Jodhpur cities, such powers will be exercised by the Commercial Taxes Officer of Circle 'A' of the city concerned throughout the municipal limits of that city, and by no other.
|
65ba58b9ab84c7eca86eb05c | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Lifts Act, 1997
----------------------------
TAMILNADU
India
Tamil Nadu Lifts Act, 1997
============================
Act 35 of 1997
----------------
* Published on 17 May 1997
* Commenced on 17 May 1997
Tamil Nadu Lifts Act, 1997
(Tamil Nadu Act
35 of 1997
)
Statement of Objects and Reasons - Tamil Nadu Lifts Act, 1997 (Tamil Nadu Act
35 of 1997
). - Consequent upon the construction of many multi-storeyed buildings with lifts, particularly in the City of Chennai, the number of lifts working in the State is on the increase. A number of safety measures and safety precautions are necessary for operating the lifts in the interest of the safety of users. But, they cannot be insisted upon in the absence of statutory provisions. It has, therefore, been decided by the Government to bring in a legislation to regulate the erection, maintenance and safe working of lifts in this State.
2. The Bill seeks to give effect to the above decision.
Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 28th April 1997.
Received the assent of the Governor on the 17th May 1997 and published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 19th May 1997.
An Act to provide for the regulation of the erection, maintenance and safe working of certain classes of lifts and all machinery and apparatus pertaining thereto in the State of Tamil Nadu and to provide for matters connected therewith.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-eighth Year of the Republic of India as follows:-
### 1. Short title, extent and commencement.
(1) This Act may be called the Tamil Nadu Lifts Act, 1997.
(2) It extends to the whole of the State of Tamil Nadu.
(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,-
(a) "Government" means the State Government;
(b) "Inspector" means the Inspector of Lifts appointed under section 3;
(c) "Lift" means a hoisting mechanism designed to carry passengers or goods or both and equipped with a car which moves in a substantial vertical direction and is worked by power, but does not include a hoist or lift to which the Factories Act, 1948 (Central Act 63 of 1948) applies.
Explanation. - For the purposes of this clause, "power" means electrical energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency;
(d) "Lift car" means the cage or car of a lift and includes the floor or platform, car flame sling, and enclosing body work;
(e) "Lift installation" includes the lift car, the lift way, enclosure and the operating mechanism of the lift and all ropes, cables wires and plant, directly connected with the operation of the lift;
(f) "Lift way" means the shaft, in which the lift car travels;
(g) "lift way enclosure" includes any permanent substantial structure surrounding or enclosing the lift way;
(h) "owner" includes
(i) a lessee,
(ii) a licensee,
(iii) a mortgagee in possession, and
(iv) any person or authority to whom or to which the possessions of, and control over the affairs to the place in which a lift has been erected and work has been entrusted whether such person or authority is called a managing trustee, an agent, a correspondent, manager, superintendent, secretary or by any other name whatsoever.
### 3. Appointment of Inspector of lifts.
- The Government may, by notification, appoint one or more person's possessing such qualification as may be prescribed to be Inspectors for the purposes of this Act and specify in such notification the local limits of their jurisdiction.
### 4. Permission to erect a lift.
(1) No owner of a place shall on and after the commencement of this Act in such place except under, and in accordance with a permission granted under this Act.
(2) Every application for permission to erect a lift shall be made in writing to the Inspector and shall be accompanied by such fee not exceeding one thousand rupees as may be prescribed and shall contain the following particulars namely:-
(a) the type of the lift;
(b) the rated maximum speed of the lift;
(c) the maker's or designer rated capacity in weight;
(d) the maximum number of passengers in addition to the lift operator which the lift can carry;
(e) the total weight of the lift car carrying the maximum load (weight of car plus maximum allowable load);
(f) the weight of the counter weight;
(g) the number, description weight and size of the supporting cables;
(h) the depth of the pit from the lowest part of the car when at the lowest floor;
(i) such details as may be prescribed of the construction of the overhead arrangement with the weight and sizes of the beams; and
(j) such other particulars as may be prescribed.
(3) On receipt of an application under sub-section (2), the Inspector may, after making such enquiry as he deems necessary either grant or refuse to grant the permission. Every permission granted shall be in such form and subject to such terms and conditions as may be prescribed and shall be valid for a period of six months from the date on which it is granted.
(4) Every owner of a place who is granted permission under sub-section (3) shall, within one month after the completion of the erection of such lift, send a report of completion to the Inspector in such form as may be prescribed.
(5) Where the Inspector refuses to grant permission under sub-section (3), she shall give reasons in writing for such refusal.
### 5. Licensee for working of lift.
(1) No owner of a place shall work or cause to be worked or allow the working of any lift in such place except under and in accordance with a licence.
(2) Every application for a licence under sub-section (1) shall be made to the Inspector in such form as may be prescribed and shall be accompanied by such fee not exceeding one thousand rupees as may be prescribed.
(3) On receipt of an application made under sub-section (2), the Inspector, after making such inspection and enquiry as he deems necessary, may, either grant or refuse the licence.
(4) Every licence granted under sub-section (3) shall be in such form and subject to such terms and conditions as may be prescribed.
(5) Every licence granted under sub-section (3) shall be valid for period of one year from the date on which it is granted and shall be renewable yearly after an inspection and on payment of such fee as may be prescribed.
(6) Where the Inspector refuses to grant a licence under sub-section (3), he shall give reasons in writing for such refusal.
### 6. Provision in respect of existing lifts.
(1) Notwithstanding anything contained in this Act but subject to the provisions of sub-section (2), every owner of a piece in which a lift has been erected and is being worked immediately before the dale of the commencement of this Act, may continue the working of such lift at such place.
(2) Every person entitled to" continue the working of a lift under sub-section (1) shall not continue the working of the lift after the expiry of a period of two months from the date of commencement of this Act unless he obtains a licence under section 5 in respect of such lift.
(3) Every application for a licence under sub-section (2) shall be in such form as may be prescribed and shall be accompanied by such fee not exceeding one thousand rupees as may be prescribed.
### 7. Renewal.
(1) Every application for the renewal of a licence granted under this Act shall be made not less than three months before the date of the expiry of the period of such licence.
(2) The provisions of this Act shall, as far as may be, apply in relation to the renewal of a licence as they apply in relation to the grant of a licence under section 5.
### 8. Power to cancel or suspend licence.
(1) The Inspector may after giving the holder thereof an opportunity of being heard cancel or suspend any licence if it appears to him,-
(i) that such licence has been obtained by misrepresentation or fraud; or
(ii) that the licensee has contravened or failed to comply with any of the provisions of this Act or the rules made thereunder or any of the terms and conditions of the licence; or
(iii) that the licensee has contravened or failed to comply with an order passed under this Act or the rules made thereunder; or
(iv) that the lift can no longer be safely worked for the purpose for which the licence was granted.
(2) The Inspector may, if he is of the opinion that any licence granted under this Act is liable to be cancelled, pending cancellation of the licence and for reasons to be recorded in writing, suspend any licence and in such a case, no opportunity of being heard need be given.
(3) The Inspector may, either suo motu or on application, review any order passed under sub-section (1),-
(i) on the basis of a mistake or error apparent on the face of the records; or
(ii) on the basis of new facts brought to his notice after the order was made; or
(iii) for any other sufficient reasons:
Provided that the Inspector shall not pass an order under this sub-section prejudicial to any person unless such person has been given a reasonable opportunity of making his representation.
### 9. Addition to, or alteration of the lift installation.
- No addition or alteration (other than those required to be made under sub-section (2) of section 11) shall be made to any lift installation except with the previous permission in writing of the Inspector.
### 10. Erection, addition or alteration work of lift installation to be entrusted to competent persons.
- No owner erecting, adding to or altering a lift installation, shall entrust the work to any person other than the manufacturer of the lift or to a company of electrical and mechanical engineers approved by the Inspector.
Explanation. - For the purposes of his section, "company" means any body, corporate, and includes a firm or other association of individuals whether registered or not.
### 11. Power of entry.
(1) The Inspector or any person appointed under section 14 to assist him may, at any time after giving reasonable notice to the owner, enter upon any place in which a lift is erected or is being worked or in connection with which an application for a permission under section 4 or a licence under section 5 has been received, for the purpose of inspecting the site, the erection of lift or the lift installation, as the case may be. The person appointed under section 14 to assist the Inspector shall, after making such inspection, send a report regarding the condition of the lift installation inspected, to the Inspector for taking action under this Act.
(2) If no such inspection the Inspector is of opinion that any lift installation in any place is in an unsafe condition, he may, by order in writing, direct the owner, of the place to carry out such repairs or alterations to such lift as he may deem necessary with in such time as may be specified therein and may in necessary, also direct that the working of such lift be discontinued until such repairs or alterations are made. The owner shall thereupon comply with any such direction within the period specified therein and shall forthwith report in writing to the Inspector, his compliance with such direction.
(3) Any person aggrieved by any order or direction made under subsection (2) may, within thirty days from the date of receipt of such order, appeal to the Appellate Authority appointed in this behalf by the Government.
(4) Notwithstanding any appeal made under sub-section (3), any direction for the discontinuance of the working of a lift made under sub-section (2) shall be complied with unless the Appellate Authority has stayed such direction.
(5) The order made under sub-section (2), subject to an appeal to the Appellate Authority, shall be final.
### 12. Owner to give facilities for inspection.
- Every owner of a place which is entered upon in pursuance of sub-section (1) of section 11 by the Inspector or the person appointed under section 14 shall afford every reasonable facility to such Inspector or person to perform any function which such Inspector or person is authorised under that section to perform and shall, at his own cost, procure at such inspection, the attendance of the person, if any, to whom the work, of erection, addition, alteration or maintenance of the lift installation has been entrusted or a representative of such person, as the case may be, who is competent to guide the Inspector or the person, in the inspection.
### 13. Report of accidents.
- Where any accident occurs in the working of any lift which results or is likely to result in loss of life or injury, the owner of the place shall, as soon as may be, after such accident, give notice of the occurrence and of any such loss or injury together with full details of accident in such form as may be prescribed, to the Inspector and also to the Commissioner of Police in the City of Chennai, Madurai or Coimbatore and elsewhere to the District Magistrate or such other officer as the Government may by order specify in this behalf and the lift installation shall not be interfered within any way and the working of such lift shall not be resumed except with the written permission of the Inspector.
### 14. Persons to assist Inspector.
(1) The Government may, appoint such number of technical and other persons as may be necessary possessing such qualifications as may be prescribed to assist the Inspector.
(2) The powers and functions and other terms and conditions of service of persons appointed under sub-section (1) shall be such as may be prescribed.
### 15. Penalty.
- Whoever contravenes any of the provisions of this Act or the rules made thereunder or the terms and conditions of a permission or of a licence or a direction given by the Inspector or any person appointed under section 14 to assist him shall be punishable with fine which may extend to one thousand rupees and in the case of a continuing contravention with a further fine which may extend to fifty rupees for every day during which such contravention is continued after such conviction.
### 16. Offences by companies.
(1) Where an offence punishable 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 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.
### 17. Cognizance of offences.
- No court shall take cognizance of any offence punishable under this Act except upon a complaint made by the Inspector having jurisdiction within three months, of the date on which the alleged commission of the offence came to the knowledge of the Inspector.
### 18. Service of notices, order or documents.
- Every notice, order or other document required or authorised to be addressed by or under this Act shall be deemed to be properly addressed if addressed to the owner of the place (naming the place) and may be served by post or left-
(a) where a local authority is the addressee, at the office of the local authority;
(b) Where a company is the addressee, the registered office of the company or, in the event of the registered office of the company not being in India, at the principal place of business of the company in India; and
(c) where any other person is the addressee, at the usual or last known place of abode or business of the person.
### 19. Protection of action taken 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 by or under this Act.
### 20. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by an order published in the Tamil Nadu Government Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to them 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.
### 21. Saving.
- Nothing contained in this Act shall affect the provisions of the Indian Electricity Act, 1910 [(Central Act IX of 1910)]
[Now, these Acts have been repented and re-enacted as the Electricity Act, 2003 (Central Act 30 of 2003).]
and of the Electricity (Supply) Act, 1948 [(Central Act LIV of 1948)]
[Now, these Acts have been repealed and re-enacted as the Electricity Act, 2003 (Central Act 30 of 2003).]
.
### 22. Power to make rules.
(1) The Government may make rules to carry out 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-
(a) specifications for lifts;
(b) the manner in which erection plans of lifts shall be submitted;
(c) the manner in which the lifts may be tested;
(d) the form of application for permission for the erection of a lift and a licence for working such lift;
(e) the form of report of completion to be sent under sub-section (4) of section 4;
(f) the terms and conditions and restrictions subject to which and the form in which the licence may be granted for the working of a lift and the fees to be paid in respect of such licence;
(g) the manner in which and the terms subject to which the lifts shall be worked:-
(h) the manner in which notice of accidents shall be given;
(i) the form of notice of accidents to be given under section 13; and
(j) any other matter which is required to be, or may be prescribed.
### 23. Rules, orders and notifications to be placed before the Legislative Assembly.
(1) (a)
All rules made under this Act and all orders issued under section 20 shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day, on which they are so published.
(b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.
(2) Every rule made and every notification issued under this Act and every order made under section 20 shall, as soon as possible after it is made or issued, be placed on the table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such rule or notification or order of the Assembly decides that the rule or notification or order should not be made or issued, the rule or notification or 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 any thing previously done under that rule or notification or order.
|
65ba7cbfab84c7eca86eba1f | acts |
Union of India - Act
----------------------
The St. John Ambulance Association (India) Transfer Of Funds (Repeal) Act, 2002
---------------------------------------------------------------------------------
UNION OF INDIA
India
The St. John Ambulance Association (India) Transfer Of Funds (Repeal) Act, 2002
=================================================================================
Act 21 of 2002
----------------
* Published on 23 May 2002
* Commenced on 23 May 2002
The St. John Ambulance Association (India) Transfer Of Funds (Repeal) Act, 2002
ACT NO. 21 OF 2002
### 1165. [23rd May, 2002]
An Act to repeal the St. John Ambulance Association (India) Transfer of Funds Act, 1956.
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 St. John Ambulance Association (India) Transfer of Funds (Repeal) Act, 2002.
### 2. Repeal of Act 21 of 1956.-The St. John Ambulance Association (India) Transfer of Funds Act, 1956 is hereby repealed.
|
65ba3be7ab84c7eca86ead62 | acts |
Bengal Presidency - Act
-------------------------
The Calcutta And Suburban Police (Superannuation Fund) Act, 1905
------------------------------------------------------------------
BENGAL PRESIDENCY
India
The Calcutta And Suburban Police (Superannuation Fund) Act, 1905
==================================================================
Act 6 of 1905
---------------
* Published on 27 December 1905
* Commenced on 27 December 1905
The Calcutta And Suburban Police (Superannuation Fund) Act, 1905
Bengal Act 6 of 1905
[27th December, 1905.]
An Act to abolish the Calcutta and Suburban Police Superannuation Fund.
Whereas it is expedient to abolish the Calcutta and Suburban Police Superannuation Fund;
It is hereby enacted as follows :-
### 1. Short title. -
This Act may be called the Calcutta and Suburban Police (Superannuation Fund) Act, 1905.
### 2. Repeal of enactments. -
Repealed by Bengal Act 1 of 1939.
### 3. Transfer and application of Calcutta and Suburban Police Superannuation Fund. -
All sums standing to the credit of the Calcutta and Suburban Police Superannuation Fund shall vest in [the State Government]
[Words substituted by the Adaptation of Laws Order, 1950.]
, to be applied, under rules made by the [State Government]
[Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950.]
in this behalf, towards the grant of pensions or gratuities to members of the Police force of the town or suburbs of Calcutta.
The Schedule.
[Enactments Repealed.]-Repealed by Bengal Act 1 of 1939.
|
65ba7272ab84c7eca86eb5f6 | acts |
Union of India - Act
----------------------
Mizoram Rural Bank (Employees') Pension Regulations, 2018
-----------------------------------------------------------
UNION OF INDIA
India
Mizoram Rural Bank (Employees') Pension Regulations, 2018
===========================================================
Rule MIZORAM-RURAL-BANK-EMPLOYEES-PENSION-REGULATIONS-2018 of 2018
--------------------------------------------------------------------
* Published on 30 October 2018
* Commenced on 30 October 2018
Mizoram Rural Bank (Employees') Pension Regulations, 2018
Published vide Notification F. No. GZT-MRB/PSN/2018-19/01, dated 30.10.2018
Last Updated 11th January, 2019
F. No. GZT-MRB/PSN/2018-19/01. - 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 Mizoram Rural Bank after consultation with State Bank of India 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 "Mizoram Rural 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 Mizoram Rural 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 Mizoram Rural Bank (Officers and Employees) Service Regulations, 2010;
(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 diseased 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 diseased 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 "Mizoram Rural 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 28;
(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 Mizoram Rural Bank (Officers and Employees) Service Regulations, 2010;
(z) "trust" means the trust of Mizoram Rural Bank (Employees') Pension Fund constituted under sub-regulation (1) of regulation 4;
(za) "trustee" means the trustees of the Mizoram Rural 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 Mizoram Rural Bank (Officers and Employees) Service Regulations, 2010 shall have the same meanings respectively assigned to them in the Act, or as the case may be, the Mizoram Rural Bank (Officers and Employees) Service Regulations, 2010.
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 "Mizoram Rural 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 Mizoram Rural 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 sub-regulation (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 State Bank of India 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)
|
Rs.-------------------
|
|
|
|
33
|
|
|
|
(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:
|
| | | | |
| --- | --- | --- | --- |
|
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:
| | | | |
| --- | --- | --- | --- |
|
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.3521per 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 : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
| | | | |
| --- | --- | --- | --- |
|
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 \_\_\_\_\_\_\_\_\_\_\_\_\_\_ 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 : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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
with \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 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 : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(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 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(name of the RRB) (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 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
| | | | |
| --- | --- | --- | --- |
|
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)
|
|
65ba4f6dab84c7eca86eaed3 | acts |
Andaman and Nicobar Islands - Act
-----------------------------------
The Union Territory Goods and Services Tax (Andaman and Nicobar Islands) Rules, 2017
--------------------------------------------------------------------------------------
ANDAMAN AND NICOBAR ISLANDS
India
The Union Territory Goods and Services Tax (Andaman and Nicobar Islands) Rules, 2017
======================================================================================
Rule THE-UNION-TERRITORY-GOODS-AND-SERVICES-TAX-ANDAMAN-AND-NICOBAR-ISLANDS-RULES-2017 of 2017
------------------------------------------------------------------------------------------------
* Published on 30 June 2017
* Commenced on 30 June 2017
The Union Territory Goods and Services Tax (Andaman and Nicobar Islands) Rules, 2017
Published vide Notification No. G.S.R. 742(E) , dated 30th June, 2017
No. 5 /2017 - Union Territory Tax
G.S.R. 742(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 Andaman and Nicobar Islands, namely:--
### 1. Short title and Commencement.
(1) These rules may be called the Union Territory Goods and Services Tax (Andaman and Nicobar Islands) 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 (Andaman and Nicobar Islands) 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;
(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); and
(iii) the value of claims of Octroi levied by the Port Blair Municipal Council in exercise of powers conferred under Section 80 (1) (e) of the Andaman and Nicobar Islands (Municipal) Regulations, 1994.";
(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:-
"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. 748(E) . - In pursuance of the first proviso to rule 46 of the Union Territory Goods and Services Tax (Andaman and Nicobar Islands) 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 .
|
65b952d7ab84c7eca86e8dea | acts |
State of Himachal Pradesh - Act
---------------------------------
The Himachal Pradesh and Bilaspur (New State) Act, 1954
---------------------------------------------------------
HIMACHAL PRADESH
India
The Himachal Pradesh and Bilaspur (New State) Act, 1954
=========================================================
Act 32 of 1954
----------------
* Published in Gazette of India on 28 May 1954
* Not commenced
An Act to provide for the formation of the new State of Himachal Pradesh by uniting the existing States of Himachal Pradesh and Bilaspur, and for matters connected therewith.
Be it enacted by Parliament in the Fifth Year of the Republic of India as follows:-
Part I – Preliminary
----------------------
### 1. Short title and commencement.-
(1) This Act may be called the Himachal Pradesh and Bilaspur (New State) Act, 1954.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint in this behalf.
### 2. Definitions.-
In this Act, unless the context otherwise requires,-
(a) "article" means an article of the Constitution;
### 2. \* \* \* \* \* \*
(c) "existing States" mean the States specified as Bilaspur and Himachal Pradesh in Part C of the First Schedule to the Constitution immediately before the commencement of this Act, and "existing State" means either of the existing States;
(d) "law" includes any enactment, ordinance, regulation, order, rule, scheme, notification, bye-law or other instrument having the force of law in the whole or in any part of either of the existing States;
(e) "Order" means an order published in the Official Gazette;
(f) "Parliamentary constituency" has the same meaning as in the Representation of the PeopleAct, 1950 (43 of 1950);
(g) "sitting member" in relation to either House of Parliament or in relation to the Legislature of the existing State of Himachal Pradesh, means a person who immediately before the commencement of this Act is a member of that House or that Legislature, as the case may be.
### 1. 1st July, 1954, see Gazette of India,1954, Extraordinary, Part II, s. 3. 2. Clause (b) omitted by the A.O. (No. 3), 1956. Part II – Formation of The New State of Himachal Pradesh
----------------------------------------------------------
### 3. Formation of the new State of Himachal Pradesh.-
As from the commencement of this Act there shall be formed by uniting the existing States a new Part C State to be known as the State of Himachal Pradesh (hereafter in this Act referred to as the "new State").-
### 4. Amendment of the First Schedule to the Constitution.-
In the First Schedule to the Constitution, in Part C-
(a) under the heading "Names of States"-
(i) entry"3. Bilaspur" shall be omitted; and
(ii) entries 4 to 10 shall be renumbered as entries 3 to 9 respectively;
(b) under the heading "Territories of States", after the first paragraph the following paragraph shall be inserted, namely:-
"The territory of the State of Himachal Pradesh shall comprise the territories which immediately before the commencement of the Himachal Pradesh and Bilaspur (New State) Act, 1954 were comprised in the States of Bilaspur and Himachal Pradesh."
Part III – Representation in The Legislatures Council of States
-----------------------------------------------------------------
### 5. Representation in the Council of States.-
(1) There shall be allotted one seat to the new State in the Council of States.
(2) The sitting member of the Council of States representing the group of States comprising the existing States shall on and from the commencement of this Act represent the new State in the Council but the term of such sitting member shall remain unaltered, that is to say, shall expire on the 2nd of April, 1958.
### 6. Amendment of the Fourth Schedule to the Constitution.-
In the Fourth Schedule to the Constitution, in the Table of Seats relating to the representatives of States specified in Part C of the First Schedule-
(i) for entries 4 and 5, the entry "4. Himachal Pradesh......I" shall be substituted; and
(ii) entries 6 to 10 shall be renumbered as entries 5 to 9 respectively.
### 7. Amendment of section 27A, Act 43 of 1950.-
In section 27A of the Representation of the People Act, 1950 (43 of 1950)-
(i) in sub-section (5), for the word "Delhi" the words "Delhi, Himachal Pradesh" shall be substituted; and
(ii) sub-section (6) shall be omitted.
House of the people
### 8. Representation in the House of the People.-
Until other provision is made by law, there shall be allotted 4 seats to the new State in the House of the People.
### 9. Amendment of the First Schedule, Act 43 of 1950.-
In the First Schedule to the Representation of the People Act, 1950 (43 of 1950), in the part relating to Para C States,-
(i) entry 3 shall be omitted;
(ii) entries 4 to 12 shall be renumbered as entries 3 to 11 respectively; and
(iii) for the figure "3" in column 2 against Himachal Pradesh the figure "4" shall be substituted.
### 10. Parliamentary constituencies of the new State and their delimitation.-
(1) The new State shall, until other provision is made by law, consist of the following three Parliamentary constituencies namely:-
(i) the constituency of Bilaspur comprising the existing State of Bilaspur; and
(ii) the two constituencies into which the existing State of Himachal Pradesh has been divided. (2) The Delimitation of Parliamentary Constituencies (Part C States) Order, 1951, shall, until other provision is made by law, have effect subject to the amendments made in the First Schedule.
### 11. Sitting members.-
(1) The sitting member of the House of the People representing the existing State of Bilaspur shall on and from the commencement of this Act represent the Bilaspur constituency of the new State and shall be deemed to have been elected to the House of the People by that constituency. (2) Every sitting member of the House of the People representing a constituency of the existing State of Himachal Pradesh shall, on and from the commencement of this Act, represent the constituency of the same name in the new State and shall be deemed to have been elected to the House of the People by that constituency.
Legislative Assembly of the New State
### 12. -16. Rep. by the Adaptation of Laws (No.3) Order, 1956.
Miscellaneous
### 17. Amendment of section 13, Act 43 of 1950.-
In section 13 of the Representation of the People Act, 1950 (43 of 1950), in clause (b) of sub-section (1), the word "Bilaspur" shall be omitted.
### 18. [Amendment of section 2, Act 49 of 1951.]
Rep. by the Adaptation of Laws (No. 3) Order, 1956.
### 19. Amendment of the Constitution (Scheduled Castes) (Part C States) Order, 1951.-
The Constitution (Scheduled Castes) (Part C States) Order 1951, shall be amended as shown in the Second Schedule.
### 20. Amendment of section 9, Act 81 of 1952.-
In section 9 of the Delimitation Commission Act, 1952 (81 of 1952), in sub-section (3) , for the words "and the orders made under any of the said Acts" the words, brackets and figures "the Himachal Pradesh and Bilaspur (New State) Act, 1954 and the orders made under any of the said Acts" shall be substituted.
### 21. Construction of Act 43 of 1950.-
Any reference to Himachal Pradesh in the Representation of the People Act, 1950 (43 of 1950), 1\* \* \*, as amended by this Act shall be construed as a reference to the new State.
### 22. Electoral rolls of constituencies.-
(1) The electoral rolls of the constituencies of the existing States shall, on and from the commencement of this Act, be deemed to be the electoral rolls of the constituencies of the same name in the new State and shall continue in force until such rolls are revised, or fresh rolls are prepared, in accordance with law.
### 2. \* \* \* \* \* \*
### 23. Power of Delimitation Commission to revise its orders.-
For the purpose of determination of the number of seats to be allotted to the new State in the House of the People in accordance with the provisions of sub-section (1) , and distribution of those seats as well as the seats allotted to the Legislative Assembly of the new State to territorial constituencies and delimitation thereof in accordance with the provisions of sub-section (2) of section 8 of the Delimitation Commission Act, 1952 (81 of 1952), it shall be lawful for the Delimitation Commission, notwithstanding anything contained in that Act, to Amend, vary or rescind any of its final orders published under section 9 of that Act in so far as any such order relates to any or both of the existing States.
### 24. [Rules of procedure of the Legislative Assembly of the new State.]
Rep. by the Adaptation of laws (No. 3) Order, 1956.
Part IV – Courts
------------------
### 25. Court of the Judicial Commissioner for the new State.-
As from the commencement of this Act,-
(a) the Courts of the Judicial Commissioner for the existing States (hereafter in this Part referred to as "the existing Courts") shall be amalgamated and shall constitute the Court of the Judicial Commissioner for the new State (hereafter in this Part referred to as "the new Court");
(b) the Judicial Commissioner and the Additional Judicial Commissioner, if any, for the existing State of Himachal Pradesh shall be respectively the Judicial Commissioner and the Additional Judicial Commissioner for the new State;
(c) every person who immediately before the commencement of this Act, is an officer or servant of either of the existing Courts shall be an officer or servant, as the case may be, of the new Court deemed to have been appointed on the same terms and conditions of service (or on terms and conditions as similar thereto as the changes effected by this Act permit) as were applicable to him immediately before such commencement: Provided that nothing in this clause shall be deemed to prevent the new Court from altering the designation or the duties of any office or post;
(d) the new Court shall have all such original, appellate and other jurisdiction as under any law is exercisable immediately before the commencement of this Act by either of the existing Courts in respect of any area forming part of the new State;
(e) the new Court shall have the same powers to admit, suspend and remove advocates, vakils and pleaders and to make rules with respect to advocates, vakils and pleaders in the whole of the new State as are immediately before the commencement of this Act, exercisable by either of the existing Courts: Provided that subject to any rules made by the new Court in exercise of the powers conferred by this clause, any person who immediately before the commencement of this Act is an advocate, vakil or pleader entitled to practise in either of the existing Courts shall be recognised as an advocate, vakil or pleader entitled to practise in the new Court;
(f) subject to the provisions of this Part, the law in force immediately before the commencement of this Act with respect to the practice and procedure in the Court of the Judicial Commissioner for the existing State of Himachal Pradesh shall, until varied or altered by a competent authority, apply in relation to the new Court with such modifications as may be made by that Court;
(g) the Judicial Commissioners' Courts (Declaration as High Courts) Act, 1950 (15 of 1950) shall apply to the new Court as if the new Court were in existence at the commencement of that Act; and any other law in force immediately before the commencement of this Act relating to appeals to the Supreme Court from the Court of the Judicial Commissioner for the existing State of Himachal Pradesh shall, with necessary modifications, apply in relation to the new Court;
(h) all proceedings which immediately before the commencement of this Act are pending in either of the existing Courts shall by virtue of this Act stand transferred to the new Court and shall be continued as if they had been proceedings instituted in that Court;
(i) any order made by either of the existing Courts in any such proceedings as aforesaid shall for all purposes have effect, not only as an order of that Court, but also as an order made by the new Court;
(j) references in any law to either of the existing Courts by whatever name, shall, unless the context otherwise requires, be construed as references to the new Court.
### 26. Subordinate Courts.-
All Courts which immediately before the commencement of this Act were exercising lawful powers, authority and jurisdiction under the superintendence and control of either of the existing Courts in any area forming part of the new State shall, until further provision is made by a competent legislature or authority, continue to exercise their respective powers, authority and jurisdiction in that area under the superintendence and control of the new Court.
Part V – Administrative and Miscellaneous Provisions
------------------------------------------------------
### 27. Existing authorities and officers to continue to function in the new State.-
Save asotherwise provided in this Act, all authorities and all officers, judicial, executive and ministerial, who immediately before the commencement of this Act were exercising lawful functions in any area forming part of the new State, shall, until further provision is made by a competent authority, continue to exercise their respective functions as far as may be, in the same manner and to the same extent as they were doing before such commencement.
### 28. Existing laws to continue.-
Save as otherwise provided in this Act, all the law in force immediately before the commencement of this Act in any area forming part of the new State shall continue to be in force until repealed or amended by a competent legislature or authority.
### 29. Power to construe laws.-
For the purpose of facilitating the application in relation to the new State of any law made before the commencement of this Act, any Court, tribunal or authority may, subject to any express provision of this Act, construe the law with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the Court, tribunal or authority, as the case may be.
### 30. Existing taxes to continue.-
All taxes, duties, cesses and fees which immediately before the commencement of this Act were being lawfully levied in either of the existing States or any part thereof, shall continue to be levied in the same manner and to the same extent and to be applied for the same purposes until other provision is made by a competent legislature or authority.
### 31. Saving of the powers of the Central Government in relation to the Bhakra-Nangal Project.-
Nothing in this Act shall be deemed to derogate from the powers of the Central Government to make such arrangements or to take such action in relation to the Bhakra-Nangal Project as may, having due regard to the purposes of the Project, be necessary to ensure its proper administration and effective implementation.
### 32. Power to remove difficulties.-
If any difficulty arises in giving effect to the provisions of this Act, the President may make such orders not inconsistent with the said provisions, as appears to him to be necessary or expedient for the purpose of removing the difficulty: Provided that no such power shall be exercised by the President after the expiry of one year from the commencement of this Act.
The First Schedule
[See Section 10]
Modifications in The Delimitation of Parliamentary Constituencies
(Part C States) Order, 1951
### 1. In paragraph 2, omit the words "Bilaspur and". ###
2. In Table IV, after the entry relating to Chamba-Sirmur constituency, insert the following entry, namely:-
"Bilaspur Bilaspur 1 "
The Second Schedule
[See Section 19]
Amendment of The Constitution (Scheduled Castes) (Part C States) Order, 1951
### 1. In paragraph 2, for "Parts I to X" substitute "Parts I to IX". ###
2. For paragraph 4, substitute the following, namely:-
"4, Any reference in the Schedule to this Order,-
(a) to the State of Himachal Pradesh or to a district or other territorial division thereof shall be construed as a reference to the State of Himachal Pradesh as formed by the Himachal Pradesh and Bilaspur (New State) Act, 1954, or to a district or other territorial division of that State as so formed; and
(b) to any other State or to a district or other territorial division thereof shall be construed as a reference to that State or to that district or other territorial division as constituted on the 26th day of January, 1950."
### 3. In the Schedule,- (a) omit Part III relating to Bilaspur;
(b) renumber"Parts IV to X" as "Parts III to IX" respectively;
(c) in Part V as so renumbered relating to Himachal Pradesh, insert the following, namely:-
"31. Julahe
### 32. Dumne (Bhanjre) ###
33.
Chuhre
### 34. Hese (Turi) ### 35. Chhimbe (Dhobi)
### 36. Sarehde
### 37. Daule."
|
65b9809bab84c7eca86e93d4 | acts |
State of Punjab - Act
-----------------------
The Punjab Municipal Primary Teachers (Recruitment and Conditions of Service) Rules, 2006
-------------------------------------------------------------------------------------------
PUNJAB
India
The Punjab Municipal Primary Teachers (Recruitment and Conditions of Service) Rules, 2006
===========================================================================================
Rule THE-PUNJAB-MUNICIPAL-PRIMARY-TEACHERS-RECRUITMENT-AND-CONDITIONS-OF-SERVICE-RULES-2006 of 2006
-----------------------------------------------------------------------------------------------------
* Published on 19 September 2006
* Commenced on 19 September 2006
The Punjab Municipal Primary Teachers (Recruitment and Conditions of Service) Rules, 2006
Department of Local Government (General Branch), Notification, dated the 19th September, 2006
No. 3DLG-GB-06/44. - In exercise of the powers conferred by sub-sections (1) and (2) of Section 38 and Section 240 of the Punjab Municipal Act, 1911 (Punjab Act
No. 3 of 1911
), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules regulating the recruitment and the conditions of the persons appointed to the Punjab Municipal Primary Teachers (Recruitment and Conditions of Service) Rules, 2006, namely :-
### 1. Short title and commencement.
- These rules may be called the Punjab Municipal Primary Teachers (Recruitment and Conditions of Service) Rules, 2006.
(a) They shall come into force on and effect from the date of their publication in the Official Gazette.
### 2. Definitions.
- In these rules, unless the context otherwise, requires -
(a) 'Act' means the Punjab Municipal Act, 1911.
(b) 'Appendix' means an Appendix appended to these rules.
(c) 'Direct appointment' means an appointment made otherwise than by promotion or by transfer of a person already in the service of the Government of India or a State Government.
### 3. Constitution of Service.
- The State Government hereby constitute the Punjab Municipal Primary Teachers (Recruitment and Conditions of Service) comprising the posts as specified in Appendix 'A' :
Provided that nothing in these rules shall affect the inherent right of the State Government to add or reduce the number of such posts or to create new posts with different designations and scales of pay whether permanently or temporarily.
### 4. Appointing Authority.
- Appointment to the Service shall be made by the Executive Officer on the recommendation of the Selection Committee Constituted under Rule 5.
### 5. Constitution of Selection Committee.
(1) There shall be constituted by the State Government, a Selection Committee at the level of every Municipality to be called by Municipal Selection Committee (hereinafter referred to as the Selection Committee). The Selection Committee shall comprise the following members, namely :-
| | | | |
| --- | --- | --- | --- |
|
(i) |
President of the Municipality concerned
|
..
|
Chairperson
|
|
(ii) |
Executive of the Municipality concerned
|
..
|
Member-Secretary
|
|
(iii) |
District Education Officer (Primary) |
..
|
Member
|
|
(iv) |
One member, to be nominated by the Department of Welfare of
Scheduled Castes and Backward Classes
|
..
|
Member
|
|
(v) |
One Member, to be nominated by the Department of Sainik
Welfare; and
|
..
|
Member
|
|
(iv) |
One Member to be nominated by the Department of Sports
|
..
|
Member
|
(2) For the purpose of making selection, the Selection Committee shall follow the criteria in Rule 11.
### 6. Pay of members of the Service.
- The members of Service shall be entitled to such scales of pay, as may be authorized by the Punjab Government from time to time. The scales of pay at present in force in respect of the members of service, are given in Appendix-A.
### 7. Nationality and character of the persons appointed to the Service.
(1) No person shall be appointed to the Service, unless he is a citizen of India.
(2) No person shall be recruited in the Service by direct appointment, unless he produces, -
(a) a certificate of character from the Principal academic officer of the University, College, School or Institute last attended, and similar certificate 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 institute; and
(b) an affidavit to the effect that he was never convicted for any criminal offence involving moral turpitude and that he was never dismissed or removed from Service of any State Government or of Government of India or of any Public Sector Undertakings.
### 8. 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 State Government, 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.
### 9. Age.
(1) No person shall be recruited to the Service by direct appointment, if he is less than eighteen years or is more than thirty seven years of age on the 1st day of January of the year immediately preceding the last date fixed for submission of application or unless he is within such range of minimum and maximum age limits, as may be specifically fixed by the Punjab Government, from time to time :
Provided that in case of the candidates belonging to Scheduled Castes and other Backward Classes, the upper age limit, shall be such, as may be fixed by the Punjab Government from time to time.
(2) In the case of Ex-Servicemen the upper age limit shall be such, as he has been prescribed in the Punjab Recruitment of Ex-Servicemen Rules, 1982, as amended from time to time.
### 10. Qualification.
(1) No person shall be appointed to the Service, unless he-
(a) possess a diploma in Elementary Teachers Training Course (hereinafter called the E.T.T.) recognized by the School Education Board of any State Government or the Central Government or a certificate of an equivalent course from the Defence Service of the Union of India;
(b) is a domicile of State of Punjab or Union Territory of Chandigarh; and
(c) obtains a minimum score of 100, as per the criteria laid down in the example given in sub-rule (3) of Rule 11 of these rules.
(2) In case of non-availability of E.T.T. candidates, the candidates having B.A./B.Sc./B.Com. and B.Ed. qualifications from a recognized university or institutions will be considered for appointment to the Service. However, such candidates shall have to undergo orientation training of six months within a period of five years from the date of joining the Service.
(3) No person shall be appointed to any post in the Service by direct appointment unless he possess a certificate of having passed Punjabi language in Matriculation Examination.
### 11. Criteria for appointments and transfer.
(1) Appointment to the Service, shall be made Municipality-wise from amongst the eligible candidates from the areas in the following order, namely :-
(a) the Municipal are in which the school is situated;
(b) within the Sub-Division; and
(c) the District.
(2) No appointment shall be made from outside the district. No transfer shall be made, except in the following circumstances, namely :-
(a) on promotion against vacancy within the Municipal area; and
(b) in case of marriage, against vacancy within the Municipal area.
(3) The merit will be prepared by adding the percentage of marks obtained in 10+2 Examination or its equivalent and in E.T.T. In case of non- availability of eligible E.T.T. candidates, the candidates having B.A./B.Sc./B.Com. and B.Ed. qualifications, will be considered.
Example. - A candidate having 62% in 10+2 Examination and 72% in E.T.T. will have 62+72 = 134 scores. No other marks shall be given for any other qualifications or activities. In case of equal marks, older in age, shall be placed higher in merit. To be eligible, a candidate must have a minimum score of 100, as per the above criteria. In the same way, separate merit shall be prepared for B.A./B.Sc./B.Com. and B.Ed. candidates by adding the percentage of marks obtained in B.A./B.Sc./B.Com. and B.Ed. A joint merit, applying the same criteria will be prepared for the purpose of seniority.
### 12. Medical Certificate.
- Every person appointed to the Service, shall be required to produce certificate of physical fitness from the Senior Medical Officer before joining the Service.
### 13. Contributory Provident Fund.
(1) Members of the Service shall be entitled to contribute to the Provident Fund of the Municipality where they are employed like other subscriber of the of the Municipality.
(2) A separate account of Provident Fund shall be maintained for each subscriber by the Municipality where he may be serving for the time being : Provided that the Government may, if it so decides, make arrangements for centralized accounting of the Provident Fund.
### 14. Seniority.
- The seniority inter se of the persons, appointed to the posts in each cadre of the Service, shall be determined by the length of their continuous appointment on such post in that cadre of the Service :
Provided that in the case of persons appointed by direct appointment, who join within the period specified in the order of appointment or within such period, as may be extended from time to time by the appointing authority, subject to a maximum period of four months from the date of order of appointment, the order of merit determined by the Selection Committee, shall not be disturbed :
Provided further that in case, a person is permitted to join the Service after the expiry of the said period of four months, his seniority shall be determined from the date he joints the Service.
### 15. Probation.
(1) A person appointed to any post in the Service shall remain on probation for a period of two years, if appointed by direct appointment and one year, if appointed, otherwise.
(2) If in the opinion of the appointing authority, the work or conduct of a person during the probation is not satisfactory, it may -
(a) If such person is appointed by direct recruitment, dispense with his services; and
(b) If such person is appointed otherwise -
(i) revert him to his former post; or
(ii) deal with him in such other manner, as the terms and conditions of the previous appointment permit; or
(3) On the completion of the period of probation of a person, the appointment authority may -
(a) if his work and conduct has in its opinion been satisfactory, -
(i) confirm such person from the date of his appointment or from the date he completes his period of probation satisfactory, if he is not already confirmed; or
(ii) declare that he has completed his probation satisfactory, if he is already confirmed;
(b) if his work and conduct has not been, in its opinion, satisfactory -
(i) dispense with his service, 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 order, as it could have passed on the expiry of probation as specified in sub-rule (1):
Provided that the total period of probation including extension, if any, shall not exceed three years.
### 16. Discipline, punishment and appeal.
(1) In the matters of discipline, punishment and appeal, in respect of the members of the Service, the Punjab Civil Services (Punishment and Appeal) Rules, 1970, shall be followed.
(2) The authority empowered to impose penalty, specified in Rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, and the appellate authority thereunder, in respect of the members of the Service, shall, respectively, be the Executive Officer and the Director, Local Government, Punjab.
### 17. Resignation from Service.
- If a member of the Service wishes to resign from Service, he shall give one month notice in writing to the appointing authority. If such member fails to give notice or gives shorter notice, the appointing authority shall be entitled to recover one month salary from such member, in lieu of notice.
### 18. Retirement.
- The members of Service shall retire on superannuation on attaining the age of fifty-eight years.
### 19. Leave to the members of the Service.
- The members of the Service shall be entitled to such leave, as is admissible to the ETT teachers, serving in the Department of Education. The casual leave as well as the earned leave, shall be sanctioned by the Executive Officer.
### 20. Reservation in Service.
- The reservation to different categories of persons shall be given in the appointment to the Service as per policy instructions of the Punjab Government issued from time to time.
### 21. Interpretation.
- If any question arises to the interpretation of these rules, the Government shall decide the same.
Appendix 'A'
(See Rules 3 and 6)
| | | |
| --- | --- | --- |
|
Serial Number
|
Designation of the post
|
Scale of pay (in rupees)
|
|
1
|
Primary Teacher
|
4,550-150-5,000-160-5,800-200-7,000-220-7,220
|
|
65ba6761ab84c7eca86eb295 | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Dr. M.G.R. Medical University, (Affiliation of Nursing Colleges) Statutes
--------------------------------------------------------------------------------------
TAMILNADU
India
Tamil Nadu Dr. M.G.R. Medical University, (Affiliation of Nursing Colleges) Statutes
======================================================================================
Rule TAMIL-NADU-DR-M-G-R-MEDICAL-UNIVERSITY-AFFILIATION-OF-NURSING-COLLEGES-STATUTES of 1800
----------------------------------------------------------------------------------------------
* Published on 1 January 1800
* Commenced on 1 January 1800
Tamil Nadu Dr. M.G.R. Medical University, (Affiliation of Nursing Colleges) Statutes
In exercise of the powers conferred by section 42 of the Tamil Nadu Dr. M.G.R. Medical University, Chennai, Act, 1987 (Tamil Nadu Act
37 of 1987
), the Governing Council of the Tamil Nadu Dr. M.G.R. Medical University, Chennai hereby makes the following statutes.
### 1. (i) These, statutes may be called the Tamil Nadu Dr. M.G.R. Medical University, Chennai (Affiliation of Nursing Colleges) Statutes.
(ii) They shall come into force the date of assent of the Chancellor.
### 2. The words and phrases used in these statutes shall, unless expressly explained otherwise have the same meaning as they have with reference to the Tamil Nadu Dr. M.G.R. Medical University, Chennai, Act, 1987 (Tamil Nadu Act
37 of 1987
) hereinafter called "the Act".
### 3. It shall be necessary for the proposed Nursing College seeking affiliation to the Tamil Nadu Dr. M.G.R. Medical University, Chennai for starting I Year B.Sc. (Nursing) Degree Course of study to apply for Certificate of Registration of their application with the Tamil Nadu Dr. M.G.R. Medical University, Chennai. The application shall be in Form No. I annexed with these statutes.
### 4. (i) Only Educational Trust/Society (hereinafter referred to as "applicant") with sufficient financial soundness. and which satisfy the conditions stipulated hereunder in sub-statute (ii) shall be eligible for starting private Nursing College. Application from the individuals for Certificate of Registration will not entertained.
(ii) Conditions to be satisfied by the applicant for applying for Certificate of Registration.
(a) The applicant shall own and possess a hospital being run by it with not less than 200 beds with an administrative block or shall have a tie-up with a general hospital with a minimum of 200 beds within an radius of 10 K.M.
(b) The hospital and administrative block are to be have been located in an area of not less than 10 (ten) acres in an urban agglomeration and not less than 30 (thirty) acres in other areas.
### 5. The application for Certificate of Registration from the Tamil Nadu Dr. M.G.R. Medical University, Chennai, shall be in writing and in Form I annexed with these statutes addressed to the Registrar of the Tamil Nadu Dr. M.G.R. Medical University, Chennai and shall be submitted to the Registrar within 1st July and 31st October of the academic year preceding to which affiliation is sought for.
### 6. The application for Certificate of Registration shall be submitted along with the permission of the Government of Tamil Nadu and Nursing Council of India to establish the college and shall contain the following particulars namely:
(a) name of the Trust/Society with full address;
(b) name of the proposed Nursing College;
(c) particulars where the Nursing College is to be located with Telephone number if available;
(d) the number of students proposed to be admitted in the first year of the course;
(e) the availability of the land, building and other physical infrastructure training facility available to the- students to be admitted;
(f) ready built area available for accommodation of the academic complex;
(g) residential quarters for the staff of the college;
(h) playground;
(i) hostel; and such other particulars as may be required by the Tamil Nadu Dr. M.G.R. Medical University, from time to time.
### 7. On receipt of the application for the Certificate of Registration of the University shall scrutinize the same and verify by deputing an Inspection Commission whether the conditions required to be fulfilled by the applicant to become eligible to receive the said Certificate of Registration are fulfilled.
### 8. The Inspection Commission shall specifically examine whether the following conditions are fulfilled by the applicant and make a detailed report to the University:
Conditions to be fulfilled by the applicant to become eligible to receive the Certificate of Registration for affiliation :
(a) the applicant shall satisfy the University that he has clear title to the lands as specified in statute No. 4(ii)(b) without any encumbrance and shall furnish the title deeds and such other documents as required by the University from time to time in this regard.
(b) The applicant shall fulfill necessary provisions of relevant Acts on the subject such as the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Tamil Nadu Act
[24 of 1978
)]
[This Act was repealed now.]
,Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act
35 of 1972
) and Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act
58 of 1961
) as in force and shall also ensure the evidence so produced in this regard is valid and relating to the applicant.
(c) The applicant shall also satisfy that he has actual physical possession of the lands and shall furnish necessary documents in this regard and such other documents required by the University from time to time ;
(d) The applicant shall satisfy the University that all the infrastructural facilities of the college are in one campus.
(e) The applicant shall locate the proposed Nursing College in proximity of a Medical College with which the applicant has an agreement to facilitate training of the nursing students in the Departments of Medicine, Surgery, Paediatrics, Maternity, E.N.T., Radiology, Orthopaedic, Ophthalmic, Burning, Oncology, Emergency Casualty and Clinical Laboratory. In the alternative the applicant shall have a tie-up with general hospital with a minimum of 200 beds. The general hospital shall be within a radius of 10 K.M. from the academic complex. In the case of tie-up with the general hospital there, shall be binding evidence to show that the said hospital shall oblige to extend the necessary facilities to the nursing students, in imparting training in the above said departments.
(f) There applicant shall own a ready built area of 15,000 square feet suitable for starting I Year B.Sc. (Nursing) Course in a Nursing College with proper sanitation facilities, provision for safe drinking water, adequate water supply for clinical and laboratory, purposes, library, store rooms, toilets for students, staff (separately for men and women) and such other facilities which shall be necessary from time to time as may be specified by the University in this regard.
### 9. The University if fully satisfied on the basis of the report of the Inspection Commission that all the conditions required to be fulfilled by the applicant are fulfilled shall issue a Certificate of Registration in Form II annexed with these statutes, to the applicant to enable the applicant to make further arrangements to start the First Year B.Sc. Nursing Degree Course of study in the proposed Nursing College.
### 10. The issue of the Certificate of Registration alone shall not confer any right on the applicant to start the B. Sc. Nursing Degree Course of study.
### 11. The applicant, on receipt of the Certificate of Registration from the University shall apply to the University for provisional affiliation of First Year B.Sc. Nursing Degree Course, in Form II annexed with these statutes, and shall fulfil the conditions stipulated in statute 12 to enable the University to appoint and send an Inspection Commission to the proposed Nursing College.
### 12. The applicant shall before applying for affiliation for the First Year B.Sc. Nursing Degree Course of study fulfil the following conditions namely :
(a) shall have obtained the permission and concurrence of the Nursing Council of India to start a Nursing College as specified in statute 6;
(b) shall appoint or conduct to appoint a qualified Principal for the proposed Nursing College;
(c) shall obtain consent letters for appointment of qualified staff members for the Departments as detailed below which are absolutely essential to become eligible to start the First Year B.Sc. Nursing Degree Course of study;
(Annual intake of 50 students)
| | | |
| --- | --- | --- |
|
1.
|
Professor-cum-Principal in any speciality of Nursing Science
|
1 post.
|
|
2.
|
Assistant Professor of Psychology
|
1 post.
|
|
3.
|
Assistant Professor of Nutrition
|
1 post.
|
|
4.
|
Assistant Professor of English
|
1 post.
|
|
5.
|
Assistant Professor of Anatomy
|
1 post.
|
|
6.
|
Assistant Professor of Physiology
|
1 post.
|
|
7.
|
Assistant Professor of Bio-chemistry
|
1 post.
|
|
8.
|
Assistant Professor of Pharmacology
|
1 post.
|
|
9.
|
Assistant Professor of Microbiology
|
1 post.
|
|
10.
|
Assistant Professor of Pathology
|
1 post.
|
|
11.
|
Assistant Professor of Sociology
|
1 post.
|
|
12.
|
Lecturer - (Nursing Principals)
|
1 post.
|
|
13.
|
Assistant Lecturer/Tutor/Demonstrator/Clinical Instructor
|
1:10 (at the ratio of 1 teacher per 10
students)
|
Full-time Assistant Professor in Microbiology, Pathology, Psychology, Anatomy and Physiology.
Part-time Assistant Professor in Nutrition, Pharmacology, Sociology, English and Tamil (Regional Language).
Other supporting staff-as per Nursing Council of India's Regulations.
Qualifications: - 1. For the post of Principal/Professor/Associate Professor and Lecturer -M.Sc. (Nursing) .
### 2. For the post of Assistant Professor- Post-Graduate Degree in the concerned speciality {i.e.) Anatomy, Physiology, Bio-chemistry, Pharmacology, Pathology, Microbiology, Psychology, Sociology and Nutrition. ###
3. For the post of Assistant Lecturer/Tutor/Demonstrator/Clinical Instructor -B.Sc. (Nursing) .
(d) The applicant shall produce evidence to the effect that the proposed Nursing College is fully equipped in the following aspects:
(i) Facilities for teaching Anatomy, Physiology, Bio-chemistry.
(ii) Facilities for teaching Microbiology, Pathology.
(iii) Laboratory for Nursing Principles : There should be a demonstration room to accommodate six beds and should be fully equipped with wash basins and electrical fittings in a minimum space of 50 feet x 30 feet.
(iv) A separate Nutrition Laboratory with a minimum space of 30 feet x 30 feet.
(v) A separate Physiology and Bio-chemistry Laboratory with a minimum space of 30 feet x 30 feet.
(vi) A separate Anatomy Museum with a minimum space of 30 feet x 30 feet.
(vii) A separate Microbiology and Pathology Laboratory with a minimum space of 30 feet x 30 feet.
(viii) A multi-purpose hall for conduct of meetings, seminars, examination, etc., to accommodate a minimum of one hundred students.
(ix) Minimum of three common rooms one for faculty, one for students, and one for office shall with minimum space of 50 feet x 30 feet each.
### 13. The applicant after fulfilling the conditions stipulated in the above statute, shall initiate the fact to the University in writing along with the Demand Draft for a suns of Rs. 5,000 (Rupee five thousand only) or such amount as may be prescribed by, the Governing Council from time to time drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai, towards the inspection fee payable to the University and shall request the University to depute its Inspection Commission.
### 14. On receipt of the intimation specified in statute 13, the University shall send its Inspection Commission to inspect the facilities available in the proposed Nursing College and to submit report to the University as to the satisfactory fulfillment of the conditions required to be fulfilled. The Inspection Commission shall also report the lacunae, if any, in the fulfillment of any of the conditions required to be fulfilled and also advise as to the capability of the applicant to rectify the lacunae within a period of two months. In case there are lacunae in the fulfillment of the conditions, the University may conduct re-inspection on payment of a sum of Rs. 5,000 (Rupees Five thousand only) or such amount as may be prescribed by the Governing Council from time to time by means of a Demand Draft drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R, Medical "University, Chennai towards the re-inspection fee and shall receive a final report from the Inspection Commission.
### 15. After a detailed examination of the final report of the Inspection Commission and if the University is fully satisfied as to the fulfillment of the conditions for the affiliation for the First Year B.Sc. (Nursing) Degree Course of study, the University shall direct the applicant to remit a sum of Rs. 5,00,000 (Rupees Five lakhs only) or such amount as may be prescribed by the Governing Council from time to time towards the security deposit payable by the applicant. The security deposit shall be invested in a Fixed Deposit in a Nationalized Bank jointly in the name of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai, and in the name of the applicant. The Fixed Deposit receipt shall be kept in the custody of the Registrar. The interest accrued thereon that be utilized towards the maintenance of the Nursing College and the applicant shall submit an utilization certificate in this regard in Form No. IV annexed with these statutes, at the end of every academic year.
### 16. On the remittance towards the security deposit as specified in statute 15, by the applicant and on receipt of the intimation from the applicant that all the staff members appointed are in a position to start the teaching course, the University shall grant provisional affiliation for the First Year B.Sc. (Nursing) Degree Course of study for 50 (Fifty only) students only after collecting a sum of Rs. 20,000 (Rupees Twenty thousand only) or such amount as may be prescribed by the Governing Council from time to time, from the applicant by means of a Demand Draft, drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai, towards the fee for the provisional affiliation for the First Year B.Sc. (Nursing) Degree Course of Study. It shall be competent for the University to withdraw the provisional affiliation granted herein by giving three months notice stating the reasons therefore to the applicant.
### 17. The applicant shall show evidence of an annual income of not less than Rs. 4,00,000 (Rupees Four lakhs only) excluding the interest accrued from the security deposit mentioned in these statutes to facilitate the proper running of the Nursing college. This is only a portion of the Liability (which the college is like to incur every year towards payment of salaries to the staff and the maintenance of the college.
### 18. (1) The provisional affiliation granted by the University shall be only for the First Year B.Sc. (Nursing) Degree Course of study.
(2) Every college shall have a duly constituted Governing Body with representatives of the teaching staff, to advise the Principal in the internal affairs of the college, A record of proceedings of the said Governing Body of the college shall be maintained by the Principal. The University shall nominate an officer as its members to represent the interest of the University in the Governing Body of the Nursing College.
(3) The member nominated by the University under sub-statute (2) shall hold office for a period of three years. Any change in the Governing Body of the college shall be reported to the University immediately.
(4) The Nursing College shall furnish a budget for each year of study and a separate development budget which will cover the expenses for the fulfillment of the requirements prescribed for the Second Year B.Sc. (Nursing) Degree Course of study.
(5) The Governing Body of the college shall meet at least once in three months to consider the budget estimates and such other matters as may arise in its working. It shall meet in May-June each year to consider the Annual Report, the audited statement of accounts, changes in the staff, subjected or courses in which fresh affiliation or approval is to be sought in the following year. A copy of the notice of meeting shall be sent to the nominee of the University, with a copy to the Registrar, at least fifteen clear days before the date of the meeting. A copy of the minutes of the meeting shall also be sent to the nominate of the University and the Register be sent to the nominee of the University and the Registrar within Fifteen days of the meeting.
### 19. By the time only six months period is left for the First Year B.Sc. (Nursing) degree examinations, the applicant shall apply to the University for affiliation of the Second Year B.Sc. (Nursing) Degree Course. Before applying so the following facilities and departments with the staff members stipulated herein have to be provided in the Nursing College and the detail thereof shall be furnished in the said application. A Demand Draft for Rs. 5,000 (Rupees five thousand only) or such amount as may be prescribed by the Governing Council from time to time, drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai shall be enclosed along with the application towards the inspection fee.
Staff:
(1) Vice-Principal (Professor) -1 post.
(2) Professor - Community Health Nursing -1 post.
(3) Professor - Principles and Practice in Adult Nursing -1 post.
(4) Professor - Mental Health Nursing -1 post.
(5) Professor - Maternity Nursing -1 post.
(6) Assistant Professor - Biostatistics and Computer Science -1 post.
Laboratory:
(i) A separate Community Nursing and Obstetric Nursing Laboratory with a minimum space of 50 feet by 30 feet.
(ii) Facilities for teaching Computer Science.
Clinical Facilities:
(i) A well set-up field teaching centre close to the institution.
(ii) Transportation for field work.
### 20. On receipt of the application for affiliation for the Second Year B.Sc. (Nursing) Degree Course of study the University shall send its Inspection Commission at least three months before the date of commencement of the First Year B.Sc. (Nursing) Degree Course Examinations.
### 21. The Inspection Commission sent by the University shall inspect the facilities available in the college and report to the University as to whether all the facilities required to be provided by the college are provided. The Inspection Commission shall also point out in its report the lacunae, if any, in me fulfillment of the conditions required to be fulfilled and also advise as to the capability of the college to rectify the lacunae within a period of two months. In case there are lacunae in the fulfillment of the conditions the University may conduct re-inspection on payment of a sum of Rs. 5,000 (Rupees five thousand only) or such amount as may be prescribed by the Governing Council from time to time, by means of a Demand Draft in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai towards the re-inspection fee and shall receive a final report from the Inspection Commission.
### 22. After a detailed examination of the final report of the Inspection Commission, if the University is fully satisfied as to the fulfillment of the conditions for the affiliation for the Second Year B.Sc. (Nursing) Degree Course of study, the University shall direct the college to remit a sung of Rs. 5,00,000 (Rupees five lakhs only) or such amount as may be prescribed by the Governing Council from time to time towards the security deposit payable by the applicant. The security deposit shall be invested in a Fixed Deposit, in a Nationalized Bank jointly in the name of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University. Chennai and in the name of the applicant. The fixed Deposit receipt shall be kept in the custody of the Registrar. The interest accrued of the Nursing College and the applicant shall submit an utilization certificate in this regard in Form No. IV annexed with these statutes at the end of every academic year.
### 23. On the remittance of the security deposit specified in statute 22, made by the applicant, and on receipt of the intimation from the applicant that all the staff members appointed in pursuance of the above statutes are in a position to start the teaching course the University shall, after collecting a sum of Rs. 20,000 (Rupees twenty thousand only) or such amount as may be prescribed by the Governing Council from time to time, from the applicant, by means of a Demand Draft drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai towards the provisional affiliation fee for the Second Year B.Sc. (Nursing) Degree Course of study, grant provisional affiliation for the Second Year B.Sc. (Nursing) Degree Course of study. It shall be competent for the University to withdraw the provisional affiliation granted herein by giving three months notice stating the reasons therefore to the applicant.
### 24. The provisional affiliation specified in statute 23 by the University shall be only for the Second Year B.Sc. (Nursing) Degree Course of study.
### 25. By the time only six months period is left for the Second Year B.Sc. (Nursing) Degree Examination the applicant shall apply to the University for affiliation of the Third Year B.Sc. (Nursing) Degree Course of study. Before applying so, the following facilities and departments with the staff members stipulated herein have to be provided in the Nursing College and the details thereof shall be furnished in the said application. The application for affiliation staff be accompanied by a Demand Draft for Rs. 5,000 (Rupees five thousand only) or such amount as may be prescribed by the Governing Council from time to time, drawn in favour of the Registrar. The Tamil Nadi} Dr. M.G.R. Medical University, Chennai towards inspection fee.
The institution shall have the following full compliment of staff in the Nursing Faculty by the time, it seeks affiliation for III Year B.Sc. (Nursing) Degree Course.
Qualification
| | | |
| --- | --- | --- |
|
(a) Professor
|
7 post
|
All with M.Sc. (Nursing) |
|
(b) Assistant Professor/Render
|
7 post
|
Qualification in the related speciality. B.Sc.
(Nursing) |
|
(c) Lecturer
|
9 post
|
or
|
|
(d) Demonstrator/Assistant Lecturer/Tutor/ Clinical
|
10 (for every 10 student there should be one
Tutor/Assistant Instructor Lecturer Demonstrator Clinical
Instructor.
|
Diploma in Nursing Education and Administration.
|
### 26. On receipt of the application for application for the Third Year B.Sc. (Nursing) Degree Course from the applicant, the University shall send its Inspection Commission atleast three months before the date of commencement of the Second Year B.Sc. (Nursing) Degree Examination.
### 27. The Inspection Commission sent by the University shall inspect the facilities available in the college and report to the University as to whether all the facilities required to be provided by the college are actually provided. The Inspection Commission shall also point out in its report the lacunae, if any, in the fulfillment of the conditions required to be fulfilled and also advise as to the capability of the college to rectify the lacunae within a period of two months. In case there are lacunae in the fulfillment of the conditions of the University may conduct re-inspection on payment by the applicant a sum of Rs. 5,000 (Rupees five thousand only) or such amount as may be prescribed by the Governing Council from time to time by means of a Demand Draft drawn in favour of the Registrar, towards re-inspection fee and shall receive a final report from the Inspection Commission.
### 28. After a detailed examination of the final report of the Inspection Commission, if the University is fully satisfied as to the fulfillment of the conditions for the affiliation for the Third Year B.Sc. (Nursing) Degree Course of study and on receipt of the intimation from the applicant that all the staff members appointed in pursuance of the above statutes are in a position to start the teaching, course, the University shall, after collecting a sum of Rs, 20,000 (Rupees twenty thousand only) or such amount as may be prescribed by the Governing Council from time to time from the applicant by means of a Demand Draft drawn in favour of the Registrar, towards the provisional affiliation fee for the Third Year B.Sc. (Nursing) Degree Course of study, grant provisional affiliation for the Third Year B.Sc. (Nursing) Degree Course of study. It shall be competent for the University to withdraw the provisional affiliation granted herein by giving these months notice stating the reasons therefore to the applicant.
### 29. The provisional affiliation granted above by the University shall be only for the Third Year B.Sc. (Nursing) Degree Course of study.
### 30. By the time only six months period is left for the Third Year B.Sc. (Nursing) Degree students to take up the Third Year B.Sc. (Nursing) Degree Examinations, the applicant shall apply to the University for affiliation of the Fourth and Final Year B.Sc. (Nursing) Degree Course of study. Before applying so the applicant shall ensure that all the facilities and departments with full complement of staff members specified in statute 25 continue to be provided in the college and the details thereof shall be furnished in the application. The application for affiliation shall be accompanied by a Demand Draft for Rs. 5,000 (Rupees Five thousand only) or such amount as may be prescribed by the Governing Council from time to time drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai towards inspection fee.
### 31. On receipt of the application for affiliation for the Fourth and Final year .B.Sc. (Nursing) Degree Course from the applicant the University shall send its Inspection Commission atleast three months before the date of commencement of the Third Year B.Sc. (Nursing) Degree Examination.
### 32. The Inspection Commission sent by the University shall inspect the facilities made available by the applicant in the college and report to the University as to whether all the facilities required to be provided by the college are provided and continued. The Inspection Commission shall also point out in is report the lacunae, if any, in the fulfillment of the conditions required to be fulfilled and also advise as to the capability of the college to rectify the lacunae within a period of two months. In case, there are lacunae in the fulfillment of the conditions the University may conduct re-inspection on payment of a sum of Rs. 5,000 (Rupees five thousand only) or such amount as may be prescribed by the Governing Council from time to time by means of a Demand Draft drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai towards re-inspection fee and shall receive a final report from the Inspection Commission.
### 33. After a detailed examination of the final report of the Inspection Commission, if the University is fully satisfied as to the fulfillment of the conditions for the affiliation for the Fourth and Final Year B.Sc. (Nursing) Dew Course, of study, and on receipt of the intimation from the applicant that all the staff members appointed in pursuance of the above statutes are in a position in pursuance of the above statutes are in a position to start the teaching course. The University shall after collecting a sum of Rs. 20,000 (Rupees twenty thousand only) or such amount as may be prescribed by the Governing Council from time to time, from the applicant by means of a Demand Draft drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai towards the provisional affiliation fee for the Fourth and Final Year B.Sc. (Nursing) Degree Course of study, grant provisional affiliation for the Fourth and Final Year B.Sc. (Nursing) Degree Course of study. It shall be competent for the University to withdraw the provisional affiliation granted herein by giving three months notice stating the reasons therefore to the applicant.
### 34. The provisional affiliation granted above by the University shall be only for the Fourth and Final Year B.Sc. (Nursing) Degree Course of study.
### 35. All the norms prescribed by the Nursing Council of India may be applied by the University in the area not covered by the statutes, ordinances and regulations framed by the Tamil Nadu Dr. M.G.R. Medical University, Chennai for the stating of a new Nursing College whenever considered necessary.
### 36. It shall be competent for the University to inspect the Nursing College atleast once in five years to ensure whether the quality of service, teaching and research are properly maintained.
### 37. The University shall also be competent to send observers during examinations at their discretion.
### 38. The application shall send to the University every year a report regarding the service, academic and research activities of the college and also annual staff return and vacancy position.
### 39. On the completion of the courses of study by the first batch of students and on their appearing for the Final Year University Examinations the applicant may make an application to the University for the grant of full affiliation of the B.Sc. (Nursing) Degree Course of study in Form No. V annexed with these statutes. The University shall, after satisfying itself as to the performance of the college during the previous years and subject to the statutes and procedures as in force from time to time grant full affiliation to the B.Sc. (Nursing) Degree Course of study.
### 40. The Governing Council shall have the power after due enquiry to withdraw full affiliation granted to a college, provided that before coming to such a decision, the Governing Council shall inform the Governing Body of the College concerned of its findings after enquiry and shall allow it an opportunity of making such representation as it may deem fit and shall record its opinion on the representation so made.
### 41. The applicant may apply to this University for increase in seats in under graduate courses up to a maximum of one hundred (100) seats only. Permission for increase of seats beyond one hundred (100) will not be granted.
### 42. It shall be competent for the Governing Council to entertain or decline to entertain for reasons to be recorded in writing the application received from the applicant for increase in the number of seats in the college subject to the ceiling specified in statute 41. The University will review the clinical facilities provided by the institutions and progress of clinical performance of the hospitals vis-a-vis the population potential around the hospital and public interest covered at large, while entertaining the application for increase of seats.
### 43. No Nursing College shall apply to the University for increase, in seats until the first batch of students successfully completed the course and leave the college and the B.Sc. (Nursing) Degree so obtained is recognized by the Nursing Council of India and after obtaining the fill affiliation.
### 44. The applicant shall satisfy the University regarding the following norms as prescribed by the University-and the Nursing Council of India in this regard from time to time while making application for increase in seats in Form No. VI annexed with these statutes.
(i) proportionate increase in the staff pattern;
(ii) proportionate increase in the equipment and laboratory facilities /
(iii) proportionate increase in the accommodation ; and
(iv) expansion of library.
### 45. On receipt of the application from the applicant for increase in seats, the University shall appoint an Inspection Commission to inspect the suitability of the facilities provided by the college or such increase in seats. A sum of Rs. 5,000 (Rupees five thousand only) or such amount as may be prescribed by the Governing Council from time to time, shall be paid by the applicant through a Demand Draft drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai towards the inspection fee.
### 46. The Inspection Commission referred to in statute 45 shall report to the University as to whether all the requirements specified in statute 44 have been provided by the applicant. The Inspection Commission shall also point out in its report the lacunae, if any, in the fulfillment of the requirements to be provided and also advise as to the capability of the applicant to rectify the lacunae within a period of two months. The University shall conduct re-inspection on payment of a sum of Rs. 5,000 (Rupees five thousand only) or such amount as may be prescribed by the Governing Council from time to time made by the applicant by means of a Demand Draft drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai towards re-inspection fee and shall receive a final report from the Inspection Commission.
### 47. On receipt of the final report of a the above Inspection Commission, and if the report is found satisfactory the University shall recommend to the Nursing Council of India for its inspection and concurrence.
### 48. On receipt of the concurrence from the Nursing Council of India to increase the seats in the college concerned the University shall grant permission to the college concerned to admit students in the seats so increased.
### 49. The permission granted to the applicant by the University under statute 48 is liable to be withdrawn if any of the norms prescribed in the statute 44 is violated. In case of study withdrawal, the permission shall be restored only when a satisfactory report is received by the University on an inspection that the norms prescribed in the statute 44 have been duly complied with.
### 50. It shall be competent for the University to send an Inspector at any time to inspect the Nursing College after two weeks notice to the applicant and on receipt of report from the Inspector, the University may make any decision which in its opinion deems fit and necessary.
### 51. No affiliated institution shall apply to the University for increase in seats in under graduate courses as well for starting of Post Graduate Courses simultaneously. Such applications can be made in different academic years.
Form I
(See Statute 5)
Application for Certificate of Registration for Affiliation
### 1. Name/Name(s) of the applicant(s) Trust/Society : ###
2. Name of the college proposed.
### 3. Details of the Constitution of the Managing Body of College, copies of bye-laws/terms of the Trust/Society etc., to be enclosed ###
4. Address to which communications are to be sent, with telephone number if available.
### 5. Address where the college is proposed to be located ###
6. Number of candidates to be admitted in the First Year of the B.Sc. (Nursing) Degree Course.
### 7. Details regarding availability of land, ready built area and other physical infrastructures, etc., of the college and the hospital (copies of title deeds and documents and latest encumbrance certificates, etc., to be enclosed). ###
8. Particulars regarding arrangements of residential quarters for the staff.
### 9. Details regarding availability of play grounds. ###
10. Details regarding hostel facility proposed.
### 11. Details of facilities and other requirements fulfilled as stipulated in the statutes of the University for issue of Certificate of Registration (with necessary break-up details). ###
12. Details of ear-marked assets and resources to be utilized for running the proposed Nursing College.
### 13. Details of the Master Plan regarding the development of college and hospital, future teaching hospital strength of beds and other necessary facilities available (plan shall be enclosed). ###
14. Details regarding the availability of water supply, transport, etc.
### 15. Details, regarding the financial soundness of the Trust/ Society. ###
16. Whether the Trust/Society has the capacity to deposit the amount specified in the statutes.
### 17. Details regarding the annual income of the Trust/Society etc. ###
18. Particulars of fee remittances made by the applicant Trust/ Society.
### 19. Whether the Trust/Society fulfils all the conditions and . requirements as specified in the statutes to apply for Certificate of Registration. Station :Date:
Signature of the Applicant.
Form II
(See statute 9)
Certificate of Registration
Under statute ............. of the Tamil Nadu Dr. M.G.R. Medical University, (Affiliation of Nursing Colleges) Statutes, it is hereby certified that the application of..........college for the starting of B.Sc. (Nursing) Degree Course of study has been registered with the Tamil Nadu Dr. M.G.R. Medical University, Chennai.
The issue of this Certificate of Registration alone shall not confer any right on the applicant college to start the B.Sc. (Nursing) Degree Course.
This certificate is valid for a period of one year from the date of issue.
(By order of the Governing Council).
Signature of the Registrar.
Chennai:Date:(Seal) Form III
(See statute II)
Application for Provisional Affiliation by College to Start I/ii/iii/final B.Sc. (Nursing) Degree Course of Study.
### 1. Name and address of the applicant. ###
2. Location of college with full address with telephone number if available.
### 3. Does the college satisfy all the conditions stipulated in the statutes for the affiliation (with full details with evidence therefore) ###
4. Does the college possess the Certificate of Registration issued by the Tamil Nadu Dr. M.G.R. Medical University, Chennai for starting B.Sc. (Nursing) Degree Course by the College (copy of the Certificate Registration to be enclosed).
### 5. Whether No Objection Certificate from the-Nursing Council of India has been obtained by the college (produce evidence). Chennai:Date:
Signature of the Applicant.
Form IV
(See Statutes 15 and 22)
Utilization Certificate
Certified that a sum of Rs.............. () received as interest for the year........... on the Security Deposit (Fixed Deposit) deposited as per statute No. 15/22
**for obtaining I**
Year/II Year Provisional Affiliation of B.Sc. (Nursing) Degree Course has been fully utilized as per details furnished herewith towards maintenance of the Nursing College.
Signature of the applicant.
Place :Date:
\*\*Strike out which is not applicable.
Form V
(See statute 39)
Application for full Affiliation by College for B.Sc. (Nursing) Degree Course of Study
### 1. Name and address of the applicant. ###
2. Location of the college With full address with telephone number, if available.
### 3. Has the college obtained provisional affiliation for all the four years (full details, with university provisional order number and date, number of students permitted, etc.) (copies of the order of the University to be enclosed). ###
4. Has the first batch of students completed the course of study and appeared for the University examinations.
### 5. Brief history on the performance of the college during the previous year (upto the date of this application) to justify the grant of full affiliation. Place:Date:
Signature of the applicant.
Form VI
(See statute 44)
Application for the Increase in the Number of Seats by College for B.Sc. (Nursing) Degree Course of Study
### 1. Name and address of the applicant. ###
2. Location of college with full address with telephone number, if available.
### 3. Does the college satisfy all the conditions stipulated in the statutes of the University for increase in the number of seats (full details with evidence therefore). ###
4. Has the college obtained provisional affiliation for all the four years and full affiliation for the course (full details with University provisional order number and date/full affiliation order number and date and copies thereof to be enclosed).
### 5. Number of students permitted for each year of course (full details year-wise to be furnished). ###
6. Has the first batch of students completed the course of study, appeared for the University examinations and Degree obtained by them has been recognized by the Nursing Council of India.
### 7. Percentage of result during the previous years (year-wise details). Place:Date:
Signature of the applicant.
|
65b8fa9cab84c7eca86e81b5 | acts |
State of Karnataka - Act
--------------------------
The Karnataka Daily Wage Employees Welfare Act, 2012
------------------------------------------------------
KARNATAKA
India
The Karnataka Daily Wage Employees Welfare Act, 2012
======================================================
Act 19 of 2013
----------------
* Published in Gazette 19 on 1 March 2017
* Assented to on 1 March 2017
* Commenced on 1 March 2017
The Karnataka Daily Wage Employees Welfare Act, 2012
(ACT NO. 19 of 2013)
(15th February 2013)
PREAMBLE.
An Act to provide for welfare of daily wage employees working for more than ten years in various establishments in the State.
Whereas, it is expedient to provide for welfare of the daily wage employees working for more than ten years in various establishments and to give them minimum security of tenure, better wage and certain social security on termination from long public service and for the matters connected therewith or incidental thereto;
Be it enacted in the sixty third year of the Republic of India, as follows:-
### 1. Short title and commencement.
(1) This Act may be called the Karnataka Daily Wage Employees Welfare Act, 2012.
(2) It shall come into force at once.
### 2. Definitions.
In this Act, unless the context otherwise requires,-
(a) "The daily wage employee" means an employee engaged by the Government or local bodies on daily wage basis, who has worked and completed not less than 10 years of service as daily wage employee as on 10th April, 2006 and who is working as such on the date of commencement of this Act;
(b) "The Government" means the Government of Karnataka;
(c) "The Establishment" means an establishment in the Government or in any local bodies;
(d) "Local bodies" means various Local self Governments, Panchayats and Municipal bodies constituted by law by the Government and in corporations including statutory or non-statutory authorities or Boards and Government undertakings.
### 3. Continuation of daily wage employees.
(1) Subject to provisions of this Act, the daily wage employees in the establishments whose names are notified by the Government under this Act, shall be continued on daily wage basis till they complete the age of sixty years.
Provided that no daily wage employee shall be continued unless he possessed the qualification prescribed for the post on the date of his initial engagement on daily wage basis;
(2) The State Government shall within one year from the date of commencement of this Act shall notify the names of eligible daily wage employees of all establishments for the purpose of sub-section (1).
### 4. Pay, leave and terminal benefits of daily wage employees continued in service.
(1) Notwithstanding anything contained in the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990),the Karnataka Civil Services Rules or any other rules governing the conditions of service of Government servants made or deemed to have been made under the said Act. The pay of a daily wage employee shall be the minimum of the time scale of pay of the post in which he is continued in service. He shall also be paid admissible Dearness Allowance and House Rent Allowance as may be determined by the Government, by order, from time to time. A daily wage employee shall be entitled for all General Holidays, Casual Leave of fifteen days and Earned Leave of thirty days per year. A daily wage employee may be given an increase in his pay at such interval of time as may be determined by the Government, by order.
(2) The daily wage employee shall be entitled for such terminal benefits or ex-gratia, on his discontinuance after attaining the age of Sixty years, as may be determined and notified by the Government from time to time.
### 5. Conduct and discipline.
The provisions of the Karnataka Civil Services (Conduct) Rules, 1966 shall mutatis mutandis be applicable to the daily wage employee and he shall be liable for such disciplinary action including removal after following such procedure as may be prescribed.
### 6. Termination for misconduct.
No order terminating the services of a daily wage employee who has been continued under the provisions of this Act, for any misconduct shall be passed by the competent authority without holding a summary enquiry after giving a reasonable opportunity of being heard to the employee.
### 7. Appeal.
(1) Any person aggrieved by the order of any officer or Authority may appeal to the,-
(i) Government in case of daily wage employee in the Government establishment; or
(ii) head of the establishment in case of daily wage employee in the establishment other than Government establishment.
(2) The Government or the head of the establishment as the case may be, after hearing the aggrieved make such orders as it deems fit which shall be final.
### 8. Protection of action taken in good faith.
No suit, prosecution or other legal proceedings shall lie against the officers of the Government or local bodies for anything done or omitted to be done in good faith under this Act.
### 9. Civil court not to have jurisdiction.
No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any claim for absorption or continuation arising from the provisions of this Act.
### 10. Power to remove difficulty.
If any difficulty arises in giving effect to the provisions of this Act, the Government may, by general or special order make such provisions as it appears to be necessary or expedient to remove the difficulty.
### 11. Power to make rules.
(1) The Government may, by notification and after previous publication, make rules to regulate other conditions of service of daily wages and for the purposes of this Act.
(2) Every rule made under this Act, every notification or order 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 that the rule notification or order should not be made the rule, notification or order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification or order.
|
65ba7309ab84c7eca86eb63f | acts |
Union of India - Act
----------------------
Service Tax 1994
------------------
UNION OF INDIA
India
Service Tax 1994
==================
* Published in Gazette of India on 1 April 1994
* Not commenced
### 64. Extent, Commencement and Application.
(1) This Chapter extends to the whole of India except the State of Jammu and Kashmir .
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint [ 1st July,1994 ]
(3) It shall apply to taxable services provided on or after the commencement of this Chapter.
### 65. Definitions.
(1) "advertisement" includes any notice, circular, label, wrapper, document, hoarding or any other audio or visual representation made by means of light, sound, smoke or gas;
(2) "advertising agency" means any commercial concern engaged in providing any service connected with the making, preparation, display or exhibition of advertisement and includes an advertising consultant;
(3) "air travel agent" means any person engaged in providing any service connected with the booking of passage for travel by air;
(4) "Appellate Tribunal" means the Customs, Excise and Gold (Control) Appellate Tribunal constituted under section 129 of the Customs Act, 1962 (52 of 1962);
(5) "architect" means any person whose name is ,for time being, entered in register of architects maintained under Section 23 of Architect's Act, 1972,and also includes any commercial concern engaged in any manner ,whether directly or indirectly, in rendering services in the field of architecture;
(6) "assessee" means a person liable to any the service tax and includes his agent;
(7) "Board" means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963(54 of 1963);
(8) "body corporate" shall have the meaning assigned to it in or under clause (7) of section (2) of the Companies Act,1956;
(9) "cab" means a motor cab or maxi cab;
(10) "caterer" means any person who supplies, either directly or indirectly, any food, edible preparations, alcoholic or non-alcoholic beverages or crockery and similar articles or accoutrements for any purpose or occasion;
(11) "Central Excise Officer" has the meaning assigned to it in clause (b) of section 2 of the Central Excise Act, 1944(1 of 1994);
(12) "clearing and forwarding agent" means any person who is engaged in providing any service, either directly or indirectly, connected with clearing and forwarding operations in any manner to any other person and includes a consignment agent;
(13) "consulting engineer" means any professionally qualified engineer or an engineering firm who, either directly or indirectly, renders any advice, consultancy or technical assistance in any manner to a client in one or more disciplines of engineering;
(14) "courier agency" means a commercial concern engaged in the door-to-door transportation of time-sensitive documents, goods or articles utilizing the services of a person, either directly or indirectly, to carry or accompany such documents, goods or articles;
(15) "credit rating agency" means any commercial concern engaged in the business of credit rating of any debt obligation or of any project or programme requiring finance, whether in form of debt or otherwise , and includes credit rating of any financial obligation, instrument or security which has the purpose of providing a potential investor or any other person any information pertaining to the relative safety of timely payment of interest or principal;
(16) "custom house agent" means a person licensed, temporarily or otherwise, under the regulations made under sub-section (2) of section 146 of the Customs Act,1962);
(17) "general insurance business" has the meaning assigned to it in clause (g) of section 3 of the General Insurance Business (Nationalization) Act, 1972;
(18) "goods" has the meaning assigned to it in clause (7) of section 2 of the Sale of Goods Act, 1930; 1a ]
(19) "insurer" means any person carrying on the general insurance business in India;
(20) "interior decorator" means any person engaged , whether directly or indirectly , in the business providing by way of advice ,consultancy ,technical assistance or in any other manner services related to planning ,designing or beautification of spaces , whether man-made or otherwise or includes a landscape designer;
(21) "management consultant" means any person who is engaged in providing any service ,either directly or indirectly in connection with the management of any organization in any manner and includes any person who renders advice, consultancy ,or technical assistance relating to conceptualizing, devising, development, modification, rectification or upgradetion of any working system of any organization;
(22) "mandap" means any immovable property as defined in section 3 of the Transfer of Property Act, 1882 (4 of 1882), and includes any furniture, fixtures, light fittings and floor coverings therein let out for consideration for organizing any official, social or business function;
(23) "mandap keeper" means a person who allows temporary occupation of a mandap for consideration for organizing any official, social or business function;
(24) "manpower recruitment agency" means any commercial concern engaged in providing any service, directly or indirectly, in any manner for recruitment of manpower, to a client;
(25) " market research agency" means any commercial concern engaged in providing any services ;
(26) " maxi cab" has a meaning assigned to it in clause (22) in section (2) of the Motor Vehicles Act ,1988;
(27) " mechanized slaughter house" means a commercial concern engaged in the business of slaughtering of animals with the aid of machine;
(28) "motor cab" has the meaning assigned to it in clause (2) of section 2 of the Motor Vehicles Act,1988;
(29) "pager" means an instrument, apparatus or appliance which is a non-speech, one way personal calling system with alert and has to capability of receiving, storing and displaying numeric or alpha-numeric messages;
(30) "policy holder" has the meaning assigned to it in clause (2) of section 2 of the Insurance Act, 1938;
(31) "practicing chartered accountant" means a person who is a member of the Institute of Chartered Accountants of India and is holding a certificate of practice granted under the provisions of the Chartered Accountants Act. 1949, and includes any concern engaged in rendering services in the filed of chartered accountancy;
(32) "practicing cost accountant" means a person who is a member of the Institute of Cost and Works Accountants of India and is holding a certificate of practice granted under the provisions of the Cost and Works Accountants Act ,1959 and includes any concern engaged in rendering services in the field of cost accountancy;
(33) "practicing company secretary" means a person who is a member of the Institute of Company Secretaries of India and is holding a certificate of practice granted under the provisions of the Company Secretaries Act, 1980 and includes any concern engaged in rendering services in the field of company secretary ship;
(34) "prescribed" means prescribed by rules made under this Chapter;
(35) "real estate agent" means a person who is engaged in rendering any service in relation to sale, purchase, leasing or renting, of real estate, and includes a real estate consultant;
(36) "real estate consultant" means a person who renders in any manner, either directly or indirectly, advice, consultancy or technical assistance in relation to evaluation, conception. design, development, construction, implementation, supervision, maintenance, marketing. acquisition or management, of real estate;
(37) "recognized stock exchange" has the meaning assigned to it in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956;
(38) "rent-a-cab scheme operator" means any person engaged in the business of renting of cabs;
(39) "securities" has the meaning assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 ;
(40) "security agency" means any commercial concern engaged in the business of rendering services relating to the security of any property, whether movable or immovable or of any person, in any manner and includes the services of investigations, detection or verification of any fact or activity, whether of a personal nature or otherwise, including the services of providing security personnel;
(41) "service tale" means tax leviable under the provisions of this Chapter;
(42) "ship" means a sea-going vessel and includes a sailing vessel;
(43) "shipping line" means any person who owns or charters a ship and includes an enterprise which operates or manages the business of shipping;
(44) "steamer agent" means any person who undertakes, either directly or indirectly,-
(a) to perform any service in connection with the ship's husbandry or dispatch including the rendering of administrative work related thereto; or
(b) to book, advertise or canvass for cargo for or on behalf of a shipping line, or
(c) to provide container feeder services for or on behalf of a shipping line;
(45) "stock-broker" means a stock-broker who has either made an application for registration or is registered as a stock-broker in accordance with the rules and regulations made under the Securities and Exchange Board of India Act, 1992;
(46) "sub-broker" means a sub-broker who has either made an application for registration or is registered as a sub-broker in accordance with the rules and regulations made under the Securities and Exchange Board of India Act, 1992;
(47) "subscriber" means a person to whom a telephone connection or a pager has been provided by the telegraph authority;
(48) "taxable service" means any service provided-
(a) to an investor, by a stock-broker in connection with the sale or purchase, of securities listed on a recognized stock exchanges;
(b) to a subscriber, by the telegraph authority in relation to a telephone connection;
(c) to a subscriber by the telegraph authority in relation to a pager;
(d) to a policy holder, by an insurer carrying on general insurance business in relation to general insurance business;
(e) to a client, by an advertising agency in relation to advertisements in any manner:
(f) to a customer, by a courier agency in relation to door-to-door transportation of time-sensitive documents, goods or articles;
(g) to a client, by a consulting engineer in relation to advice, consultancy or technical assistance in any manner in one or more disciplines of engineering,
(h) to a client, by a custom house agent in relation to the entry or departure of conveyances or the import or export of goods;
(i) to a shipping line, by a steamer agent in relation to a ship's husbandry or dispatch or any administrative work related thereto as well as the booking, advertising or canvassing of cargo including container feeder services;
(j) to a client by a clearing and forwarding agent an relation to clearing and forwarding operations in any manner;
(k) to a client, by a manpower recruitment agency in relation to the recruitment of manpower in any manner;
(1) to a customer, by an air travel agent in relation to the booking of passage for travel by air;
(m) to a client, by a mandap keeper in relation to the use of a mandap in any manner including the facilities provided to the client in relation to such use and also in services, if any, rendered as a caterer:
(n) to any person by a tour operator in relation to a tour;
(o) to any person by a rent-a-cab scheme operator in relation to the renting of a cab;
(p) to a client, by an architect in his professional capacity in any manner;
(q) to a client, by an interior decorator in relation to planning design or beautification of spaces, whether man-made or otherwise, in any manner,
(r) to a client, by a management consultant in connection with the management of any organization in any manner;
(s) to a client by a practicing chartered accountant in his professional capacity in any manner;
(t) to a client, by a practicing cost accountant in his professional capacity, in any manner,
(u) to a client, by a practicing company secretary in his professional capacity, in any manner;
(v) to a client, by real estate agent in relation to real estate,
(w) to a client, by a security agency in relation to the security of any property or person, by providing security personnel or otherwise and includes the provision of services of investigation, detection or verification of any fact or activity,
(x) to a client, by a credit rating agency in relation to credit rating of any financial obligation, instrument or security;
(y) to a client by a market research agency in relation to market research of any product service or utility, in any manner;
(z) to a client, by an underwriter in relation to underwriting in any manner;
(za) to any person, by a mechanized slaughter house in relation to the slaughtering of bovine animals;
(49) "telegraph authority" has the meaning assigned to it in clause (6) of section 3 of the Indian, Telegraph Act, 1885 and includes a person who has been granted a license under the first proviso to sub-section (1) of section 4 of that Act;
(50) "tour" means a journey from one place to another irrespective of the distance between such places;
(51) "tourist" vehicle has the meaning assigned to it in clause (43) of section 2 of the Motor Vehicles Act, 1988;
(52) "tour operator" means any person engaged in the business of operating tours in a tourist vehicle covered by a tourist permit granted under the Motor Vehicle Act, 1988 or Rules made thereunder;
(53) "underwriter" has the meaning assigned to it in clause (f)of rule 2 of the Securities and Exchange Board of India (Underwriters) Rules, 1993;
(54) "underwriting" has the meaning assigned to it in clause (g) of rule 2 of the Securities and Exchange Board of India (Underwriters) Rules, 1993;
(55) words and expressions used but not defined in this Chapter and defined in the Central Excise Act, 1944 or the rules made thereunder, shall apply, so far as may be, in relation to service tax as they apply in relation to duty of excise;
### 66. Charge of Service Tax.
(1) On and from the date of commencement of this Chapter 1ba , there shall be levied a tax (hereinafter referred to as the service tax), at the rate of five per cent. of the value of the taxable services referred to in sub-clauses0(a), (b) and (d) of clause (41) of section 65 collected in such a manner as may be prescribed.
(2) With effect from the date notified under 1bb section 85 of the Finance (No. 2) Act, 1996 (33 of 1996), there shall be levied a service tax at the rate of five per cent. of the value of the taxable services referred to in sub-clauses (c), (e) and (f) of clause (41) of section 65 collected in such a manner as may be prescribed.
(3) With effect from the date notified (T) under section 84 of the Finance Act, 1997, there shall be levied a service tax at the rate of five per cent. of the value of the taxable services referred to in sub-clauses (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q) and (r) of clause (41) of section 65 collected in such a manner as may be prescribed.
(4) With effect from the date notified under section 116 of the Finance (No. 2) Act, 1998 1bd , there shall be levied a service tax at the rate of five per cent of the value of the taxable services referred to in sub-clauses (p), (q) and (r),(s), (t), (w), (x), (y) and (z) of clause (41) of section 65 collected in such a manner as may be prescribed.
(5) With effect from the date notified under section 116 of the Finance (No. 2) Act, 1998 , there shall be levied a service tax at the rate of one thousand per annum of the taxable services referred to in sub-clauses (za) of clause (48) of section 65 collected in such a manner as may be prescribed. 1b.
### 67. Valuation of Taxable Services for Charging Service Tax.
For the purposes of this Chapter, the value of taxable services, -
(a) in relation to service provided by a stock-broker, shall be the aggregate of the commission or brokerage charged by him on the sale or purchase of securities from the investors and includes the commission or brokerage paid by the stock-broker to any sub-broker;
(b) in relation to telephone connections provided to the subscribers, shall be the gross total amount (including adjustments made by the telegraph authority from any deposits made by the subscribers at the time of applications for telephone connections) received by the telegraph authority from the subscribers.
Explanation : For the removal of doubts, it is hereby declared that the value of taxable service in this clause shall not include the initial deposits made by the subscribers at the time of applications for telephone connections;
(c) in relation to services of general insurance business provided to the policy holders, shall be the total amount of the premium received by the insurer from the policy holders.
[ 1c Amendment of insertion clauses (d) and (e) not known - insert it. 1c ]
(d} in relation to service provided by an advertising agency to a client shall be the gross amount charged by such agency from client for the services in relation to advertisement.
(e) in relation to service provided by an courier agency to a customer shall be the gross amount charged by such agency from customer the services in relation to door-to-door transportation of time sensitive ,documents .goods and articles;
1d (f) in relation to service provided by a consulting engineer to a client, shall be the gross amount charged by such engineer from the client for advice, consultancy or technical assistance in any manner in one or more disciplines of engineering;
[(g) in relation to service provided by a custom house agent to a client, shall be the gross amount charged by such agent from the client for services rendered in any manner in relation to the entry or departure of conveyances or in relation to the import or export of goods;
(h) in relation to service provided by a steamer agent to a shipping line, shall be the gross amount charged by such agent from the shipping line for services in relation to a ship's husbandry or dispatch or any administrative work related thereto or in relation to the booking, advertising or canvassing of cargo, container feeder services, including the commission paid to such agent;
(i) in relation to service provided by a clearing and forwarding agent to a client, shall be the gross amount charged by such agent from the client for services of clearing and forwarding operations in any manner;
(j) in relation to service provided by a manpower recruitment agency to a client, shall be the gross amount charged by such agency from the client in relation to the recruitment of manpower in any manner;
(k) in relation to service provided by an air travel agent to a customer, shall be the gross amount charged by such agent from the customer for services in relation to the booking of passage for travel by air excluding the airfare but including the commission, if any, received from the airline in relation to such booking;
1c (l) in relation to service provided by a mandap keeper to a client, shall be the gross amount charged by such keeper from the client for the use of mandap including the facilities provided to the client in relation to such use and also the charges for catering, if any;
[(m) in relation to service provided by a tour operator to a client, shall be the gross amount charged by such operator from the client for services in relation to a tour and includes the charges for any accommodation, food or any other facilities provided in relation to such tour;
(n) in relation to the service provided by a rent a cab scheme operator to any person, shall be the gross amount charged by such operator from such person for services in relation to the renting of a cab and includes such rental. 1c ]
1d (o) in relation to the service provided by an architect to a client, shall be the gross amount charged by such architect from the client for services rendered in professional capacity in any manner;
[(p) in relation to the service provided by an interior decorator to a client, shall be the gross amount charged by such decorator from the client for services rendered in relation to planning, design or beautification of spaces in any manner;
(q) in relation to the service provided by a management consultant to a client, shall be the gross amount charged by such consultant from the client for services rendered in connection with the management of any organization in any manner;
(r) in relation to the service provided by a practicing cost accountant to a client, shall be the gross amount charged by such accountant from the client for services rendered in professional capacity in any manner;
(s) in relation to the service provided by a practicing cost accountant to a client, shall be the gross amount charged by such accountant from the client for services rendered in professional capacity in any manner;
(t) in relation to the service provided by a practicing company secretary to a client, shall be the gross amount charged by such secretary from the client for services rendered in professional capacity in any manner;
(u) in relation to the service provided by a real estate agent to a client, shall be the gross amount charged by such agent from the client for services rendered in connection with the sale, purchase, leasing or renting of real estate including any advice, consultancy or technical assistance relating to evaluation, conception, design, development, construction, implementation, supervision, maintenance, marketing, acquisition or management, of real estate;
(v) in relation to the service provided by a security agency to a client, shall be the gross amount charged by such agency from the client for service rendered in connection with the security of any property or person, and includes services of investigation, detection or verification of any fact or activity including services of providing security personnel;
(w) in relation to the service provided by a credit rating agency to a client, shall be the gross amount charged by such agency from the client for services rendered in connection with credit rating of any financial obligation, instrument or security in any manner;
(x) in relation to the service provided by a market research agency to a client, shall be the gross amount charged by such agency from the client for services rendered in connection with market research of any product, service or utility in any manner;
(y) in relation to the service provided by an underwriter to a client, shall be the gross amount charged by such underwriter from the client for services rendered in relation to underwriting in any manner. 1d ]
### 68. Payment of Service Tax.
(1) Every person providing taxable service to any person shall pay service tax at the rate specified in section 66 in such manner and within such period as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), in respect of any taxable service notified by the Central Government in the Official Gazette, the service tax thereon shall be paid by such person and in such manner as may be prescribed at the rate specified at the rate specified in section 66 and all the provisions of this Chapter shall apply to such person as if he is the person liable for paying the service tax in relation to such service. 1e ]
### 69. Registration.
Every person liable to pay the service tax under this Chapter or the rules made thereunder shall, within such time and in such manner and in such form as may be prescribed, make an application for registration to the Central Excise Officer.
### 70. Furnishing of Returns.
Every person liable to pay the service tax shall furnish or cause to be furnished to the Central Excise Officer, a return in such form and in such manner and at such frequency as may be prescribed.
### 71. Assessment.
(1) For the purpose of making an assessment under this Chapter, the Central Excise Officer may serve on any person who has furnished a return under section 70, a notice requiring him to produce within such period as may be specified therein, such accounts, documents or other evidence as he may deem necessary for such assessment.
(2) The Central Excise Officer, after considering such accounts, documents or other evidence, if any, 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 value of the taxable service and the amount of service tax payable on the basis of such assessment.
### 72. Best Judgment Assessment.
If -
(a) any person fails to make the return under section 70, or";
(b) any person having made a return fails to comply with all the terms of a notice issued under sub-section (1) of section 71, or
(c) the Central Excise Officer is not satisfied with the correctness or the completeness of the accounts of the assessee, the Central Excise Officer, after taking into account all the relevant material which he has gathered, shall, by an order in writing, make the assessment of the value of taxable service to the best of his judgment and determine the sum payable by the assessee or refundable to the assessee on the basis of such assessment.
### 73. Value of Taxable Services Escaping Assessment.
If -
(a) the Central Excise Officer has reason to believe that by reason of omission or failure on the part of the assessee to make a return under section 70 for any quarter or to disclose wholly and truly all material facts necessary for his assessment for any quarter, the value of taxable service for that quarter has escaped assessment or has been under assessed, or
(b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the Central Excise Officer has, in consequence of information in his possession, reason to believe that the value of any taxable service assessable in any [ 1g prescribed period 1g ] has escaped assessment or has been under assessed, or
he may, in cases falling under clause (a) , at any time within five years, and in cases falling under clause (b), at any time within six months from the date for filing the return,[ 1h serve on the assessee a notice and proceed to assess or reassess the value of taxable service.] 1h
Explanation: Where the services for the notice is stayed by an order of a Court, the period of such stay shall be excluded in computing aforesaid period of five years or six months 1i ]
### 74. Rectification of Mistake.
(1) With a view to rectifying any mistake apparent from the record, the Central Excise Officer who passed any order under the provisions of this Chapter may, within two years of the date on which such order was passed, amend the order.
(2) Where any matter has been considered and decided in any proceeding by way of appeal or revision relating to an order referred to in sub-section (1), the Central Excise Officer passing such order may, notwithstanding anything contained in any law for the time being in force, amend the order under that sub-section in relation to any matter other than the matter which has been so considered and decided.
(3) Subject to the other provisions of this section, the Central Excise Officer concerned -
(a) may make an amendment under sub-section (1) of his own motion; or
(b) shall make such amendment if any mistake is brought to his notice by the assessee or the Commissioner of Central Excise or the Commissioner of Central Excise (Appeals).
(4) An amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section unless the Central Excise Officer concerned has given notice to the assessee of his intention so to do and has allowed the assessee a reasonable opportunity of being heard.
(5) Where an amendment is made under this section, an order shall be passed in writing by the Central Excise Officer concerned.
(6) Subject to the other provisions of this Chapter where any such amendment has the effect of reducing the assessment, the Central Excise Officer shall make any refund which may be due to such assessee.
(7) Where any such amendment has the effect of enhancing the assessment or reducing the refund already made, the Central Excise Officer shall make an order specifying the sum payable by the assessee and the provisions of this Chapter shall apply accordingly.
### 75. Interest on Delayed Payment of Service Tax.
Every person, liable to pay the tax in accordance with the provisions of section 68 or rules made thereunder, who fails to credit the tax or any part thereof to the account of the Central Government within the period prescribed, shall pay simple interest at the rate of one and one-half per cent. for every month or part of the month by which such crediting of the tax or any part thereof is delayed.
### 76. Penalty for Failure to Pay Service Tax.
Any person, liable to pay service tax in accordance with the provisions of section 68 or the rules made thereunder, who fails to pay such tax shall pay in addition to paying such tax, and interest on that tax in accordance with the provisions of section 75, a penalty which shall not be less than one hundred rupees but which may extend to two hundred rupees for every day during which such failure continues, so, however, that the penalty under this clause shall not exceed the amount of service tax that he failed to pay.
### 77. Penalty for Failure to Furnish Prescribed Return.
If a person fails to furnish in due time the return which he is required to furnish under section 70 or the rules made thereunder, he shall pay, by way of penalty, a sum which shall not be less than one hundred rupees but which may extend to two hundred rupees for every week or part thereof during which such failure continues.
### 78. Penalty for Suppressing Value of Taxable Service.
If the Central Excise Officer in the course of any proceedings under this Chapter is satisfied that any person has, with intent to evade payment of service tax, suppressed or concealed the value of taxable service or has furnished inaccurate value of such taxable service, he may direct that such person shall pay by way of penalty, in addition to service tax and interest, if any, payable by him, a sum which shall not be less than, but which shall not exceed twice, the amount of service tax sought to be evaded by reason of suppression or concealment of the value of taxable service or the furnishing of inaccurate value of such taxable service :
Provided that if the value of taxable service (as determined by the Central Excise Officer on assessment) in respect of which value has been suppressed or concealed or inaccurate value has been furnished exceeds a sum of twenty-five thousand rupees, the Central Excise Officer shall not issue any direction for payment by way of penalty without the previous approval of the Commissioner Central Excise.
### 79. Penalty for Failure to Comply With Notice.
If the Central Excise Officer in the course of any proceedings under this Chapter is satisfied that any person has failed to comply with a notice under sub-section (1) of section 71, he may direct that such person shall pay, by way of penalty, in addition to any service tax and interest, if any, payable by him, a sum which shall not be less than ten per cent, but which shall not exceed fifty per cent, of the amount of the service tax, if any, which would have been avoided if the value of taxable service stated in the return by such person had been accepted as the correct value of taxable service.
### 80. Penalty not to be Imposed in Certain Cases.
Notwithstanding anything contained in the provisions of section 76, section 77, section 78 or section 79, no penalty shall be imposable on the assessee for any failure referred to in the said provisions if the assessee proves that there was reasonable cause for the said failure.
### 81. 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 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 Chapter, if he proves that the offence was committed without his knowledge and 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 Chapter 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 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.
### 82. Power to Search Premises.
(1) If the [3 Commissioner of Central Excise has reason to believe 3 ] that any documents or books or things which in his opinion will be useful for or relevant to any proceeding under this Chapter are secreted in any place, he may authorize any other Central Excise Officer to search or may himself search for such documents or books or things.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches, shall, so far as may be, apply to searches under this section as they apply to searches under that Code.
### 83. Application of Certain Provisions of Act (1 of 1944).
The provisions of the following sections of the Central Excises Act, 1944, as in force from time to time, shall apply, so far as may be, in relation to service tax as they apply in relation to a duty of excise :-
### 9C. , 9D, 11, 11B,[ 4 11BB, 12A 4 ], 12B, 12C, 12D, 12E, 14, 15, 35F to 35O (both inclusive), 35Q, 36, 36A, 36B, 37A, 37B, 37C, 37D and 40.
### 84. Revision of Orders by the Commissioner Central Excise.
(1) The Commissioner of Central Excise may call for the record of a proceeding under this Chapter which has been taken by the Central Excise Officer subordinate to him and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Chapter, pass such order thereon as he thinks fit.
(2) No order which is prejudicial to the assessee shall be passed under this section unless the assessee has been given an opportunity of being heard.
(3) The Commissioner Central Excise shall communicate the order passed by him under sub-section (1) to the assessee, the Central Excise Officer and the Board.
(4) No order under this section shall be passed by the Commissioner of Central Excise in respect of any issue if an appeal against such issue is pending before the Commissioner of Central Excise (Appeals).
(5) No order under this section shall be passed after the expiry of two years from the date on which the order sought to be revised has been passed.
### 85. Appeals to the Collector of Central Excise Appeals).
(1) Any person aggrieved by any assessment order passed by the Central Excise Officer under section 71, section 72 or section 73, or denying his liability to be assessed under this Chapter, or by an order levying interest or penalty under this Chapter, may appeal to the Commissioner of Central Excise (Appeals) .
(2) Every appeal shall be in the prescribed form and shall be verified in the prescribed manner.
(3) An appeal shall be presented within three months from the date of receipt of the decision or order of the Central Excise Officer, relating to service tax, interest or penalty under this Chapter :
Provided that the Commissioner of Central Excise (Appeals) may, if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of three months, allow it to be presented within a further period of three months.
(4) The Commissioner of Central Excise (Appeals) shall hear and determine the appeal and, subject to the provisions of this Chapter, pass such orders as he thinks fit and such orders may include an order enhancing the service tax, interest or penalty :
Provided that an order enhancing the service tax, interest or penalty shall not be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement.
(5) Subject to the provisions of this Chapter, in hearing the appeals and making orders under this section, the Commissioner of Central Excise (Appeals) shall exercise the same powers and follow the same procedure as he exercises and follows in hearing the appeals and making orders under the Central Excises and Salt Act, 1944 (1 of 1944).
### 86. Appeals to Appellate Tribunal.
(1) Any assessee aggrieved by an order passed by a Commissioner of Central Excise under section 84, or an order passed by a Commissioner of Central Excise (Appeals) under section 85, may appeal to the Appellate Tribunal against such order.
(2) The Board may, if it objects to any order passed by the Commissioner of Central Excise under section 84, or the Commissioner of Central Excise may, if he objects to any order passed by the Commissioner of Central Excise (Appeals) under section 85, direct the Central Excise Officer to appeal to the Appellate Tribunal against the order.
(3) Every appeal under sub-section (1) or sub-section (2) shall be filed within three months of the date on which the order sought to be appealed against is received by the ssessee, the Board or by the Commissioner of Central Excise, as the case may be.
(4) The Central Excise Officer or the assessee, as the case may be, on receipt of a notice that an appeal against the order of the Commissioner of Central Excise or the Commissioner of Central Excise (Appeals) has been preferred under sub-section (1) or sub-section (2) by the other party may, notwithstanding that he may not have appealed against such order or any part thereof, within forty-five 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 Commissioner of Central Excise or the Commissioner of Central Excise (Appeals), 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 the 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 two hundred rupees.
(7) Subject to the provisions of this Chapter, in hearing the appeals and making orders under this section, the Appellate Tribunal shall exercise the same powers and follow the same procedure as it exercises and follows in hearing the appeals and making orders under the Central Excises and Salt Act, 1944 (1 of 1944).
### 87. Willful Attempt to Evade Service Tax, Etc.
If a person willfully attempts in any manner whatsoever to evade collection or payment of any service tax, interest or penalty chargeable or imposable under this Chapter, or to suppress or conceal the total value of taxable services, he shall, without prejudice to any penalty that may be imposable on him under any other provisions of this Chapter, be punishable with imprisonment for a term which may extend to seven years and with fine.
Explanation. - For the purposes of this section, a willful attempt to evade payment of any service tax, interest or penalty chargeable or imposable under this Chapter 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 Chapter) 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 document; or
(iii) willfully 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 person to evade payment of any service tax, interest or penalty chargeable or imposable under this Chapter.
### 88. Failure to Furnish Prescribed Returns.
If a person fails to furnish the return which he is required to furnish by a notice given under sub-section (2) of section 70, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this Chapter, be punishable with imprisonment for a term which may extend to three years and with fine.
### 89. False Statement in Verification, Etc.
If a person makes a statement in any verification under this Chapter 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 imprisonment for a term which may extend to three years and with fine.
### 90. Abetment of False Return, Etc.
If a person abets or induces in any manner another person to make and deliver an account or a statement or declaration relating to any taxable service which is false and which he either knows to be false or does not believe to be true or to commit an offence under section 87, he shall be punishable with imprisonment for a term which may extend to seven years and with fine.
### 91. Certain Offences to be Non-Cognizable.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under section 87 or section 88 or section 89 or section 90 shall be deemed to be non-cognizable within the meaning of that Code.
### 92. Institution of Proceedings.
A person shall not be proceeded against for any offence under section 87 or section 88 or section 89 or section 90 except with the previous sanction of the Principal Commissioner of Central Excise.
### 93. Power to Grant Exemption from Service Tax.
(1) If the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, exempt generally or subject to such conditions as may be specified in the notification, taxable service of any specified description from the whole or any part of the service tax leviable
thereon.
(2) If the Central Government is satisfied that it is necessary in the public interest so to do, it may, by special order in each case, exempt any taxable service of any specified description from the payment of whole or any part of the service tax leviable thereon, under circumstances of exceptional nature to be stated in such
order.
### 94. Power to Make Rules.
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) collection and recovery of service tax under sections 66 and 68;
(b) the time and manner and the form in which application for registration shall be made under section 69;
(c) the form, manner and frequency of the returns to be furnished under section 70;
(d) the form in which appeal under section 85 or under sub-section (6) of section 86 may be filed and the manner in which they may be verified;
(e) the manner in which the memorandum of cross objections under sub-section (4) of section 86 may be verified;
(f) any other matter which by this Chapter is to be or may be prescribed. 7 ]
(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 on which the provisions of this Chapter come into force.
(4) Every rule made under this Chapter and every notification issued under section 93 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 rule or notification or both Houses agree that the rule should not be made or the notification should not be issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.
### 95. Power to Remove Difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Chapter, the Central Government may, by order published in the Official Gazette, not inconsistent with the provisions of this Chapter, 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 the provisions of this Chapter come into force.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
### 96. Consequential Amendment.
In the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974), in the Schedule, after Entry 7 relating to the Central Excises and Salt Act, 1944 (1 of 1944),the following entry shall be inserted, namely :
|
65b9fbd1ab84c7eca86ea61b | acts |
State of West Bengal - Act
----------------------------
The Cooch Behar Municipal (Amendment) Act, 1962
-------------------------------------------------
WEST BENGAL
India
The Cooch Behar Municipal (Amendment) Act, 1962
=================================================
Act 5 of 1962
---------------
* Published on 10 April 1962
* Commenced on 10 April 1962
The Cooch Behar Municipal (Amendment) Act, 1962
West Bengal Act
5 of 1962
[10th April, 1962.]
An Act to amend the Cooch Behar Municipal Act, 1944.
Whereas it is expedient to amend the Cooch Behar Municipal Act, 1944, for the purpose and in the manner hereinafter appearing;
It is hereby enacted as follows:-
### 1. Short title. -
This Act may be called the Cooch Behar Municipal (Amendment) Act, 1962.
### 2. Substitution of new section for section 110 of Cooch Behar Act
3 of 1944
. -
For section 110 of the Cooch Behar Municipal Act, 1944 (hereinafter referred to as the said Act), the following section shall be substituted, namely:-
"110. Power of Commissioners to bring suits in the event of failure to realise tax, etc., by distress. - (1) In the event of failure to realise by distress and sale the whole or any part of any tax, toll, fee or rates the Commissioners may sue the persons liable to pay the same in any court of competent jurisdiction.
(2) Notwithstanding any decision of any court to the contrary, any proceeding instituted in accordance with the provisions of sections 104 to 109 and pending on the date of commencement of the Cooch Behar Municipal (Amendment) Act, 1962, may be continued after such commencement and any such proceeding, or any order made, anything done or any action taken therein, shall not, in any manner, be called in question merely on the ground that the Cooch Behar Municipal (Amendment) Act, 1962 was not in force when such proceeding was instituted, such order was made, such thing was done or such action was taken.",
### 3. Repeal and savings. -
(1) The Cooch Behar Municipal (Amendment) Ordinance, 1961, is hereby repealed.
(2) Anything done or any action taken under the said Act as amended by the Cooch Behar Municipal (Amendment) Ordinance, 1961, shall be deemed to have been validly done or taken under the said Act as amended by this Act, as if this Act had commenced on the 4th day of December, 1961.
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65ba7959ab84c7eca86eb899 | acts |
Union of India - Act
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Conduct of Elections(Amendment) Rules, 2020
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UNION OF INDIA
India
The Representation of the People Act, 1951
Conduct of Elections(Amendment) Rules, 2020
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Rule 0 of 2020
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* Published in Gazette of India : Extraordinary on 2 July 2020
* Commenced on 2 July 2020
Central Government after consulting the Election Commission amends the Conduct of Election Rules, 1961. The above-mentioned rules shall now be called as: Conduct of Elections(Amendment) Rules, 2020.
In Rule 27A, following amendment will take place:
(i) in clause (aa), after the words “or persons with disability” occurring at the end, the words, letters and figures “or the COVID 19 suspect or affected persons” shall be inserted;
(ii) in clause (e) , for the figures and word “80 years”, the figures and word “65 years” shall be substituted;
(iii) after clause (e), the following clause shall be inserted, namely: ‘(f) “COVID 19 suspect or affected persons” means the electors who are– (i) tested as COVID 19 positive by the Government Hospital or the Hospital recognised by the Government as COVID Hospital; or (ii) under home quarantine or institutional quarantine due to COVID 19 , and certified by such competent authority, as may be notified by the State Government or Union Territory Administration.”
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65b9bfd5ab84c7eca86e9dae | acts |
State of Rajasthan - Act
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The Rajasthan Land Reforms and Resumption of Jagirs Rules, 1954
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RAJASTHAN
India
The Rajasthan Land Reforms and Resumption of Jagirs Rules, 1954
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Rule THE-RAJASTHAN-LAND-REFORMS-AND-RESUMPTION-OF-JAGIRS-RULES-1954 of 1954
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* Published on 14 September 1954
* Commenced on 14 September 1954
The Rajasthan Land Reforms and Resumption of Jagirs Rules, 1954
Published vide Notification No. F. 4(361) Revenue 1/54, dated 14-9-1954, Published in Rajasthan Gazette, Part 4-C, dated 15-1-1955
Chapter-I Preliminary
### 1. Short title and commencement.
- These rules may be called the Rajasthan Land Reforms and Resumption of Jagirs Rules 1954 and shall be deemed to have come into force on 16-6-1954.
### 2. Definitions.
(a) In these rules the expression ("Act" or "the Act" means the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 and the expression "Form" means a form annexed to these rules.
(b) In these rules unless the context otherwise requires words and expressions defined in the Act have been used in the sense given in those definitions.
Chapter-II Assessment of Jagir Lands to Land Revenue
### 3. Forms of notice and statement of income under section 7.
(1) the notice required to be given under sub-section (1) of section 7 of the Act shall be in Form 1.
(2) The statement of income required to be furnished under subsection (1) of section 7 of the Act shall be in Form 2.
### 4. Examination and preparation of statement of income.
(1) Upon receipt of the statement of income in Form 2, the Collector shall either examine and inquire into it himself or forward it for examination and inquiry to some officer subordinate to him, not being inferior in rank to that of an Assistant Collector. Such examination may be dispensed with where the Collector considers the statement to be accurate.
(2) If such statement in respect of any jagir land is not received by the Collector within the period specified in the notice issued under sub-section (1) of section 7 of the Act, the Collector shall immediately proceed to prepare it himself or shall direct that it shall be prepared by an officer subordinate him, after such inquiry as the Collector may deem necessary or such examination as the officer may deem necessary.
### 5. Powers to examine witnesses and receive evidence.
- The Officer making an inquiry or examination under rule 4(1) or 4 (2) may examine witness and receive and admit it evidence revenue records of the Jagirdar concerned, receipts for rents and other documents produced by or on behalf of such Jagirdar, his tenants and other persons and shall have and may exercise all the powers vested in and exercisable by a Revenue Court under the Revenue Courts (Jurisdiction and Procedure), Act, 1951, while trying a revenue suit or case.
### 6. Representation of Jagirdar and Government at inquiries.
- At every such inquiry or examination the jagirdar may, if he so desires, appear in person or by a recognised agent. The Collector may, if he considers it necessary require or by a recognised agent. The Collector may, if he considers it necessary require some officer subordinate to him to represent Government interest at such inquiry.
### 7. Submission of findings by Subordinate Officer.
- When an examination under rule 4(1) or 4(2) is held by an officer other than the Collector, such officer shall record his findings on all relevant matters, furnish to the jagirdar and to every person representing the Government at such inquiry a copy of such findings free of charge and submit the entire record to the Collector.
### 8. Objections against findings.
- The Jagirdar and every person representing the Government as aforesaid may, if they so desire, lodge objections against such findings before the Collector within fifteen days of the receipt of a copy thereof under rule 7.
### 9. Hearing of objections and final determination by Collector.
-
The Collector shall, upon completion of the inquiry or, in case the inquiry has been made by a subordinate officer, after considering the findings submitted under rule 7 and hearing the jagirdar concerned and the representative of the Government with respect thereto as well as with respect to any objections lodged under rule 3, and after such further inquiry, if any, as he may think necessary determine the amount of rental income under sub- section (3) of section 7 of the Act.
[In any of the circumstances mentioned in the said sub-section of the said section, if the Jagir land has been settled after the date of resumption, but before the determination of compensation, the rental income shall be determined on the basis of the rent fixed during such settlement.]
[Inserted by Notification No. F. 1(166) Revenue A/58, dated 6-1-1960, published in Rajasthan Gazette Part IV-C, Extraordinary, dated 6-1-60.]
Chapter-III Khudkasht
### 10. Form of application for allotment of Khudkasht.
- An application for allotment of khudkasht land under sub-section (1) of section 14 of the Act shall be in Form 3.
### 11. Term of interim lease.
- An interim lease of land under section 15 of the Act shall in the first instance be granted for a term of three years. Such term, may, if the application for allotment of khudkasht under section 14 of the Act is not finally determined, be extended from time to time, so however that no such extension shall at any one time be granted for a period exceeding one year.
### 12. Conditions of an interim lease.
(1) The person to whom a lease under section 15 of the Act is granted:-
(i) shall not sublet the land thereby let out to him,
(ii) shall pay rent therefor at settlement rates or if the lands is not settled, at such rate as may be fixed by the Tehsildar with the approval of the Collector,
(iii) shall not encumber in any way the land let out to him,
(iv) shall, on final determination of the application under section 14 of the Act, surrender the land so let out except such portion thereof, if any. as may be allotted to him permanently as Khudkasht, and
(v) shall not be entitled to compensation f or any improvement made while such lease subsisted:
Provided that, if the lessee is employed in the armed forces of India, the prohibition specified in clause (i) of this sub-rule shall not apply.
(2) A lease granted under section 15 of the Act shall be liable to termination, at any time without notice if it is found that the lessee has contravened any of the provisions of sub-rule (1).
### 13. Termination of lease.
- A lease granted under section 15 of the Act, shall terminate upon the expiry of its term under rule 14 or upon the final determination of the application for allotment of Khudkasht under section 16 of the Act, whichever event occurs first:
Provided that the lessee shall be permitted to tend, reap, gather, thresh and take away the standing crops and other ungathered products on the land so let out at the time of such termination.
### 14. Inquiry into and disposal of application for Khudkasht.
- [(1) (a) When the application for Khudkasht under section 14(i) of the Act is received by the Commissioner for Khudkasht lands or by the Collector he may proceed with the inquiry personally or depute the Assistant Commissioner for Khudkasht lands or the Sub- Divisional Officer to make such inquiry on the spot and obtain his report.
(b) The Commissioner for Khudkasht lands or the Collector, or any officer deputed by either of them under clause (a) may. at any time before or in the course of the inquiry, call for a report on the application from the Tehsildar or Naib Tehsildar who shall submit such report after obtaining verification from the records of the Patwari and making such inquiries, if any, as may be necessary],
(2) Where the Commissioner for Khudkasht lands is satisfied on enquiry that:-
(a) the jagirdar has got land under his personal cultivation which is sufficient for his ordinary subsistence and that more land is required only to obtain the maximum area laid down in section 18 of the Act, or
(b) there is sufficient land in the locality as mentioned in any category other than category 6 of sub-section (1) of section 19 for allotment of Khudkasht to the Collector for necessary action.
(3) The Commissioner for Khudkasht lands or the Collector shall endeavour to obtain voluntary arrangements with the consent of the Jagirdar and his tenants other than tenants with heritable and transferable rights on the principle that least dislocation and maximum satisfaction should result from the adjustment made between the said parties. Where such voluntary arrangement cannot be arrived at, the said Commissioner or Collector shall give a decision on the merits after giving a hearing to the Jagirdar and such other persons as may appear to be interested.
### 15. Loan to Jagirdar for personal cultivation.
(1) A Jagirdar who is allowed any culturable unoccupied land within or outside the jagir shall be granted the following concessions for the improvement of such land:-
(a) For the construction of each well a loan of Rs. 2.000/- where land allotted is unirrigated and is not likely to be irrigated by any tank within 2 years of the date of allotment.
(b) For the purchase of bullocks [and camels]
[Added by Notification No. 33078/F. 1(317) Revenue A/58, dated 5-1-59, published in Rajasthan Gazette Part IV-C, dated 22-1-1959.]
a loan Rs. 500/-,
(c) For the construction of a house-a loan upto Rs. 1,000/-,
(d) All these loans shall be free of interest and repayable in ten annual instalments commencing after two years from the date of granting such loans:
Provided that recommendations may be made to the Commissioner for Khudkasht Lands by the Collector for the grant of a sum of Rs. 4,000/- in special circumstance and the Commissioner for Khudkasht lands may sanction such loan.
(2) A Jagirdar to whom land commanded by the Bhakra, the Chambal or the Jawai Projects is allotted shall be entitled to the following concessions:-
(a) Loans according to sub-rule (1) with the exception of a loan for the construction of a well,
(b) 25 bighas of irrigated land (constituting one Murrabha) on such price as may be fixed for the area by the Commissioner for Khudkasht lands to be realised free of interest in ten Commissioner for Khudkasht lands to be reasised free of interest in ten annual instalments commencing two years after the date of allotment.
(3) Where the Commissioner for Khudkasht lands is satisfied that a Jagirdar has a co-sharer who is living separately, he may direct that such co-sharer shall be granted the same concessions as a jagirdar under this rule.
(4) The Commissioner for Khudkasht lands may recommend to Government that the concessions mentioned in sub-rules (1) and (2) may also be granted to such tenants as may surrender their holding for providing Khudkasht to any jagirdars under clause (i) of sub-section (1) of section 19.
### 16. Application for exchange of land under section 19-A.
- Application to the Commissioner for Khudkasht lands for exchange of lands cultivated personally by a jagirdar for any other land commanded by an irrigated project shall be in Form 4 and shall be submitted through the Collector of the District in which the jagirdar resides.
(2) The Collector shall scrutinise the application and forward it to the Commissioner for Khudkasht lands with his remarks in respect of the suitability of the applicant for the allotment of land under any irrigation project, correctness of the details given in the application and details relating to the number of landless tenants in the village in which the land sought to be surrendered is situated and the number of small jagirdars who can benefit from the acceptance of surrender of such land.
(3) The Commissioner for Khudkasht lands shall on receipt of the Collector's recommendation forward the application with his recommendation to the Government and on receipt of Government sanction shall direct the Director of Colonization or any other officer who major be incharge of allotment of land under irrigation project concerned, to execute his orders.
(4) The Commissioner for Khudkasht lands may with the concurrence of the Commissioner of the Division allot any unoccupied land other than land mentioned in clause (vi) of sub-section (1) of section 19 to a jagirdar in exchange of lands under his personal cultivation.
Chapter-IV Jaipur Commissioner and Additional Jagir Commissioner
### 17. Additional Jagir Commissioner.
- In addition to the Jagir Commissioner appointed by the Government under clause (1) of section 2 of the Act, there may also be appointed, for the purposes of Chapter V, VI and VII of the Act, such number of persons or officers or both as the Government may think necessary to be additional Jagir Commissioners.
### 18. Powers of Additional Jagir Commissioners.
- An Additional Jagir Commissioner appointed under the last preceding rule shall:-
(i) for administrative purposes be deemed to be subordinate to the Jagir Commissioner,
(ii) hear, determine and dispose of such matters and cases under the Act as may from time to time be made over to him by a general or special order of the Government or the Jagir Commissioner,
(iii) be deemed, for all purposes of the Act and these rules, to be the Jagir Commissioner in respect of such matters and cases, and
(iv) exercise in relation thereto the same powers as are exercisable under the Act by the Jagir Commissioner.
### 19. Bar to exercise of certain functions by Additional Jagir Commissioner.
- Notwithstanding anything contained in rule 18, no Additional Jagir Commissioner shall exercise any functions of the Jagir Commissioner under section 23 or section 32 of the Act where the annual income of a Jagirdar from his jagir as calculated under sections 6 and 7 or as stated in a claim preferred under section 31 of the Act exceeds twenty thousand rupees.
### 20. Powers of Jagir Commissioner to make over matters before him to Collector etc.
(1) The Jagir Commissioner shall have power to make over any matter pending before him to any Collector, Assistant Collector or Tehsildar having jurisdiction in the place to which such matter relates for inquiry and report.
(2) Upon receipt of the report made under sub-rule (1) the Jagir Commissioner or Additional Jagir Commissioner shall afford all persons, including the Government, affected thereby an opportunity to lodge objections against the same and after hearing them, if they appear, with respect thereto and with respect to the objections, if any, lodged by them, may pass such orders as he deems reasonable and proper.
Chapter-V Resumption of jagir lands
### 21. [ Taking over charge of resumed jagir.
[Substituted by Notification No. 23397/F. 4(361) Revenue A/54, dated 2-8-1956, published in Rajasthan Gazette Part IV-C, dated 16-8-56.]
(1) As soon as may be after the issue of the notification under section 21 off the Act, the Collector within whose district such jagir or a portion thereof is situated, shall call upon the Jagirdar concerned to hand over charge of his Revenue Records and School and Hospital buildings not situated within his residential compound to the Officer specified by the Collector:
Provided that the Collector may extend the time for handing over charge of Revenue Records upto a period of 20 days from the date of resumption:]
[Substituted by Notification No. F. 4(361) Revenue A/55, dated 2-12-1955, published in Rajasthan Gazette Part IV-C, dated 14-1-56.]
[Provided further that for the purpose of the resumption of jagirs with annual income below Rs. 1,000/- the Collector or the officer specified by him shall collectively take over charge of all the jagirs situated in a village by issuing a proclamation and affixing copies thereof at the headquarters of the Tehsils within which the Jagir land to which it relates is situated and at some place of public resort on or adjacent to the said land and such proclamation shall be considered notice to all the Jagirdars concerned for the purpose of handing over charge of their Revenue Records and School or Dispensary buildings not situated within residential compounds to the officer specified by the Collector.]
[Added by Notification No. 164/F. 4 (361) Revenue A/54, dated 19-11-1957, published in Rajasthan Gazette Part IV-C, dated 9-1-58.]
(2) If the Jagirdar does not hand over or does not agree to hand over charge of the Jagir within a week from the date of the notice issued by the Collector as mentioned in sub-rule (1) or where it is not practicable to call upon the Jagirdar to hand over charge on account of his not being available or his evading notice from the Collector, the Collector or the officer specified by him shall proclaim taking over of the charge by beat of drum at such place or places as the officer taking charge may think fit.
(3) The fact of taking over the jagir under this rule shall be forthwith reported to the Government the Jagir Commissioner and the Commissioner of the Division.
(4) The Government shall notify in the Rajasthan Gazette the fact of such taking over together with the date thereof:
Provided that in the case of jagirs with annual income below Rs. 1,000/- it will not be necessary to notify the resumption in the gazette in the manner laid down herein.
(5) If any Jagirdar fails to hand over [charge of Revenue Records of his jagir as required under sub-rule (1) the Collector may get the record prepared and give the Jagirdar a reasonable notice either to pay the amount of costs incurred or to show cause why it should not be recovered from him. If the Jagirdar fails to pay and is unable to show cause to the satisfaction of the Collector, the Collector shall request the Jagir Commissioner to deduct the amount from the compensation payable to the Jagirdar.]
[Substituted by Notification No. 23397/F. 4(361) Revenue A/54, dated 2-8-1956, published in Rajasthan Gazette Part IV-C, dated 16-8-56.]
### 22. [ Submission of list of personal properties by Jagirdar.
[Substituted by Notification No. 23397/F. 4(361) Revenue A/54, dated 2-8-1956, published in Rajasthan Gazette Part IV-C, dated 16-8-56.]
(1) The Jagirdar shall submit to the officers taking over such charge a list of the properties which he claims as his private and personal properties under sub-section (1) of section 23 of the Act.
(2) Copies of such list shall be annexed with the reports submitted under rule 21 of sub-rule (3).
(3) If the officer taking over such charge is o f the opinion that any item of property included in the list submitted under sub-rule (1) is not the property which the jagirdar is entitled to hold under sub-section (1) of section 23 of the Act, he shall record reasons for such opinion and refer to the matter to the Jagir Commissioner under sub-section (2) of section 23 of the Act. While making the report under rule 21, sub-rule (3), a copy of such reference shall be forwarded to the Government as well as to the Collector of the District in which the property in dispute is situated:
Provided that where the officer deputed to take over charge of a jagir is below the rank of Tehsildar he shall submit his opinion to the Tehsildar concerned who shall refer the same with his opinion to the Jagir Commissioner.
(4) A copy of such list shall also be affixed on the notice board of the Tehsil concerned, and the Municipal Board or Village Panchayat concerned shall be informed that they may see the list in the Tehsil and submit their objections, if any, to the inclusion of any property or part of it in the list to the Tehsildar within a specified time.
(5) The Tehsildar may extend the time specified by him under sub-rule (4) if he is satisfied that there are sufficient grounds for doing so and shall submit the objections received from the Municipal Board or the Panchayat with his opinion to the Jagir Commissioner through the Collector.]
### 23. Inquiry by Jagir Commissioner in the matter of personal Properties.
(1) Upon receipt of a reference under the last preceding rule, or where he decides to review the list on his own motion, the Jagir Commissioner shall appoint a date for holding an inquiry into the matter. Such date shall not be less than two months from the date of the order and a public notice thereof shall be issued within a week of such order.
(2) Instead of holding the enquiry himself under sub-rule (1) the Jagir Commissioner may entrust the enquiiy to any officer not below the rank of an Assistant Jagir Commissioner or sub- Divisional Officer.
### 24. Notice how to be served.
(1) The notice given under rule 23 shall be served on the Jagirdar concerned, the Revenue Secretary to the Government and the Collector of the district in which the property in dispute is situated in the manner provided for the service of summons on a defendant in a suit under the Code of Civil Procedure, 1908.
(2) Copies of the notice shall be sent to the Tehsildar within whose jurisdiction the property in dispute is situated :-
(a) for being proclaimed by beat of drum to the inhabitants of the locality where such property is situated;
(b) for being exhibited at some conspicuous place in such locality; and
(c) for being posted, thereafter on the notice board of the Tehsil.
### 25. Postponement if notice not served in time.
- On the date fixed in the notice, the Jagir Commissioner or the Officer holding the enquiry shall postpone the enquiry if he finds that the notice issued under rule 24 was not duly served on any of the persons specified in sub-rule (1) of rule 24 or was not posted on the notice board of the Tehsil as required by sub-rule (2) of that rule atleast one month before such date.
### 26. Who may contest.
(1) The State shall be represented at such inquiry by the Collector or any other Officer not below the rank of a Naib Tehsildar as the Collector may be order in writing appoint in that behalf.
(2) If any inhabitants of the locality in which the property in dispute is situated are in any manner interested therein, they may contest the claim of the Jagirdar in respect thereof and may jointly appoint one or more persons not exceeding three in number to represent them at such inquiry.
### 27. Jagirdar may appear.
- At any inquiry held under sub-section (2) of section 23 of the Act, the Jagirdar may appear in person or by his recognised agent.
### 28. Mode of inquiry regarding personal properties.
- The Jagir Commissioner or the officer holding the inquiry shall allow the Jagirdar, the State and the inhabitants of the locality desiring to contest the claim of the Jagirdar reasonable opportunity to prove or disprove their respective contentions. The enquiry shall be held in the manner provided for the trial of a suit by a Revenue Court and where the enquiry has been held by any officer other than the Jagir Commissioner such officer shall submit the record with a report of his findings to the Jagir Commissioner for his orders.
### 29. Complaints regarding unauthorised realisation.
- On receipt of a complaint under section 25 of the Act the Collector shall either inquire into the matter himself or order some officer subordinate to him to hold a preliminary inquiry and submit a report in the matter. If as a result of such inquiry or report there appears sufficient grounds to proceed further into the matter a regular inquiry may be made by the Collector, himself or any other officer to whom he transfers the case for such inquiry.
### 30. How to be tried.
- On the date fixed the Collector shall proceed to enquire, into the complaint in the manner provided in the Code of Criminal Procedure, 1998 for the trial of summons cases.
### 31. Mode of inquiry.
- The Collector taking cognizance of a complaint under section 25 of the Act may transfer it for inquiry and report to an Assistant Collector subordinate to him. In such case the Collector shall after hearing the Jagirdar and the person making the complaint on the report made by the Assistant Collector and making such further inquiry as he may deem necessary in the manner specified in rule 33, pass such order as he may think proper.
### 32. Notice against Jagirdar.
- For the recovery of the amount of any penalty imposed by the Collector or of any rent.cess or other due order by him to be refunded, the Collector shall issue a notice calling upon the Jagirdar to deposit such amount within a week of the receipt of the notice and on the latter's failure so to deposit, shall cause a certificate for the amount to be drawn up and filed under the Rajasthan Public Demands Recovery Act, 1952.
### 33. Refund.
- Any amount recoverable under such certificate on account of any rent, cess or other due of which the refund has been ordered shall be paid to the person from whom such rent, cess or other due was recovered by the Jagirdar.
Chapter-VI Liability for Compensation and Maintenance Allowance, Grants and Pensions
### 34. Guiding principles for Jagir Commissioner for action under section 26-A.
- ( 1) In deciding cases under clause (a) of section 26-A of the Act, relating to transfer of jagir land by sale or gift or by making a grant, the Jagir Commissioner shall first make enquires either himself or through any officer nominated by him whether:-
(i) the sale of any jagir land (agricultural, unoccupied or abide) made by the jagirdar has been on a reasonable scale, and, whether.
(ii) the gift or grant made by a Jagirdar is in consonance with the practice in the jagir itself and the Jagir of similar income and status in the integrating unit to which the jagir belonged.
(2) Where the jagirdar has granted a lease of any jagir land for any nonagricultural purpose for a period of 3 years or more the previous record of the jagir shall be examined to see whether such lease was nomal or otherwise.
(3) A lease or contract in respect of forest land shall be scrutinized from the following points of view :-
(i) Whether the area granted under the lease or contract by the jagirdar represents a reasonable proportion of the total forest area in the jagir and whether the area was given in accordance with a working plan approved by the Forest Department of the State.
(ii) Whether the amount stated to have been agreed to be realised for the lease or contract was reasonable in view of the value of the forest area given.
(iii) Whether the exploitation of the forest has been in accordance with the rules of the Forest Department or the lease or contract has resulted in a destruction of the forest given on lease or contract.
(4) In holding enquiries under this rule the procedure laid down in rules 23 to 28 shall, mutatis mutandis apply.
### 35. Maintenance allowance matters to be considered.
- While fixing the amount of maintenance under section 27 of the Act the Jagir Commissioner, in addition to the matters specified in that section, shall also take into consideration the following matters, namely:-
(i) the prevailing prices of essential commodities as defined in section 2 of the Essential Supplies (Temporary Powers) Act, 1946 (XXIV of 1946);
(ii) the income of the jagirdar from Khudkasht and other sources:
(iii) the minimum requirements of the person entitled to a maintenance allowance; and
(iv) the minimum requirements of the jagirdar and members of his family.
### 36. Enquiry in respect of payment to places of public worship or pension under section 28.
(1) Where it is claimed that a place of public worship or other religious institution was receiving from the income of any jagir resumed by Government under the Act a periodical grant of money for a period exceeding six years from the date of resumption, the jagirdar or any interested person may apply to the Collector of the District in which such place of worship or institution is situated for the continuance of the grant.
(2) On receipt of an application under sub-rule (1), the Collector shall make an enquiry to ascertain:-
(a) whether the place of worship is really meant for worship by the public and not merely for the jagirdar and his family and whether the religious institution is a public institution;
(b) whether there is documentary or other sufficient evidence available to show that regular payments were being made to the institution or place of worship from the income of the resumed jagir.
(3) After completing the enquiiy the Collector shall forward his recommendations to the Commissioner, Devasthan who may after such further enquiry as he may deem necessary submit his recommendations to the Government subject to the annual Appropriation Act.
(4) On receipt of the report from the Commissioner, Devasthan the Government may pass such orders for the continuance of such grant or any part thereof as it may deem fit, subject to the Annual Appropriation Act.
(5) (i) Pensions granted by a Jagirdar or other competent authority to the employee of a jagir in which pension rules were introduced before the year 1949, shall continue to be paid. Sanction for such payment shall be issued by the Collector of the District concerned except that the cases of those employees who held posts in a Jagir which were equivalent to Gazetted posts in the integrating State shall be forwarded by the Collector to Government through the jagir Commissioner for orders. He shall forward the sanction to the Accountant General. Rajasthan along with the old pension payment order to enable the Accountant General to issue new pension payment order. In cases where formal pension payment orders were not issued by the Jagirdar or other competent authority and the payment of pension was regulated on the basis of entries made in the pension disbursement register, the Collector shall forward full details of the pensions to the Accountant General with the formal sanction of the pension in each case. Since the Government liability for payment of pension does not arise before the date of resumption, the Collector should take particular care to see that no payment for the period prior to the date of resumption is made.
[(ii) Cases of pension sanctioned by the Jagirdar or other competent authority in a Jagir in accordance with the well established custom shall be examined by the Jagir Commissioner. A statement of such cases along with complete information about the pensions shall be forwarded by the Collector to the Jagir Commissioner. The Jagir Commissioner, if satisfied that the payment of pension is in accordance with a well established custom, shall issue orders for its payment or payment of a part thereof. The amount shall be determined by him after taking into consideration to nature of services of pensioner, except that the cases of those employees who held posts in a Jagir which were equivalent to Gazetted post in the integrating State shall be forwarded by the Jagir Commissioner to the Government for orders.
(iii) Grants of Hinhayat and Parwarish made by a Jagirdar before the year 1949, which are in the nature of compassionate allowances and family pension shall be examined by the Collector and recommended to the Jagir Commissioner with his opinion in each case. The jagir Commissioner shall examine these cases in consulting with the Finance Department of the Government and shall issue orders for payment of the full amount or any part thereof, after taking into consideration the age of the grantee, his financial resources and other relevant factors including the service of the Finance Department].
(iv) [ Where a Jagirdar was liable to pay to a Jagir employee, out of income of his Jagir land resumed under the Act, pension in accordance with same specific rules in that behalf, or well established custom, and such Jagir employees was retired, or discharged or his services were terminated by the Jagirdar immediately before the date of resumption of the Jagir land, pension in accordance with such rules or in the absence of specific Thikana Pension Rules, the pension rules of the Covenanting State in which the Jagir land was situated or where such Covenanting State had no pension rules, in accordance with the Rajasthan Service Rules, may be granted to such Jagir employee, the pension papers being prepared by the Deputy Collector, Jagirs and after verification by the Accountant General, Rajasthan, sanction being obtained from the Jagir Commissioner when the amount of monthly pension does not exceed Rs. 50/-, and from the State Government in other cases.
[Inserted by Notification No. F. 22(61) Revenue/D/III/59, dated 12-10-1962, published in Rajasthan Gazette Part IV-C, Ordinary, dated 29-11-1962.]
Note. - Reference to the provisions of the Rajasthan Service Rules in the above clause shall not include provisions regarding the grant of Death-cum-Retirement gratuity and family pensions.]
Chapter-VII Payment of Compensation
### 37. Statement of compensation.
- The statement of claim required to be filed under sub-section (1) of section 31 of the Act shall be in Form 5 [or Form 5-A]
[Inserted by Notification No. 4402/F. 1(144) Revenue A/58, dated 16-6-58, published in Rajasthan Gazette Part IV-C, dated 31-7-58.]
and shall be in duplicate.
[It shall be signed by the Jagirdar himself provided that the Jagir Commissioner may entertain a statement signed by any other person duly authorised by the Jagirdar, if he is satisfied that the Jagirdar was unable to sign, it owing to a physical disability or any other sufficient reason.]
[Added by Notification No. 9726/F. 4(361) Revenue A/54, dated 24-7-1956, published in Rajasthan Gazette Part IV-C, dated 4-8-1956.]
### 37A. [ Scrutiny of the income from jagir forests
[Inserted by Notification No. 4402/F. 1(144) Revenue A/58, dated 16-6-58, published in Rajasthan Gazette Part IV-C, dated 31-7-58.]
- Where a claim for compensation by the Jagirdar is based wholly or in part of income from Jagir forests, the Jagir Commissioner may call upon any Officer or the Forest Department of the Government not below the rank if Divisional Forest Officer, to inspect the forest and submit his report about the estimate of income from the Jagir forests. The said Officer shall, for the purposes of determining the forest income, call upon the Jagirdar to furnish information in Form No. 8 within a period of one month. If such statement is not filed by the Jagirdar within the said period, the said Forest Officer may after holding a summary inquiry make his recommendations to the Jagir Commissioner. The Jagirdar shall be given an opportumity of hearing and participation in the said inquiry. The inquiry shall not be subject to the provisions of rule 45. On receipt of the recommendation of the Forest Officer, the Jagir Commissioner shall, after giving the Jagirdar an opportunity of hearing, and after hearing such other person as he may like to be heard make an order determining the period and the average annual income from the Jagir forest, recording his reason therefor.
### 37B. Scrutiny of income from mines, etc.
- Where a claim of a Jagirdar is based wholly or in part upon the income from mines and quarries the Jagir Commissioner may call upon a Gazetted Officer of the Mining and Geology Department of the Government to inspect the area concerned for checking the figures, or to submit a report, with respect to the income from the mines and quarries. The income shall be verified by the said officer after comparison with the actual income of the three years preceding the year for which the average income is taken. Where the said officer proposes to reduce the figure given by the Jagirdar he shall, if he is himself an Assistant Director of Mines, proceed to estimate the income. If he is not himself an Assistant Director of Mines, he shall move the Assistant Director of Mines of the area concerned to estimate the income. Such estimate of income shall be made after a consideration of and after giving the Jagirdar an opportunity of being heard on the following points:-
(i) Where royalties are payable on account of mines and minerals, the average income on account of the royalties calculated on the basis of the annual return filed by the Jagirdar for the assessment of cess or income-tax during the period of 6 years preceding the agricultural year in which the date of resumption of the Jagir falls or any short period for which such returns have been filed.
(ii) Where royalties are not so payable to the Jagirdar and the mines are worked directly by the Jagirdar, the average annual income from such mines calculated on the same basis as is specified in clause (i)
On such estimate being ready, the Assistant Director of Mines who has prepared the estimate shall forward it with his recommendations to the Jagir Commissioner shall, after hearing the Jagirdar and such other persons as he may like to be heard, shall make an order determining the period of the average annual income from the mines and quarries of the Jagirdars, recording his reason therefor.
The inquiry under this rule before Officers of the Mining Department shall not be subject to the provisions of rule 45.
### 37C. Determination of the dues and debts owned by the jagirdar.
- (i) For the purpose of determining the amount recoverable from the Jagirdar under clause (e) of sub-section (1) of section 22 of the Act, a notice shall be issued to the Jagirdar in Form No. 9, calling upon him to pay up the dues and debts within a period of one month from the date of receipt of notice, to file objections if any within the said period. The notice shall be issued by the Collector concerned, or in the case of departmental loans and dues, by the Head of the Office or the Department concerned, or in the case of loans advanced directly from the Government Treasury, State Bank of Fund, by a Secretary, Deputy Secretary or Assistant Secretary to the government in the Finance Department.
(2) If the Jagirdar submits any objection in reply to the said notice, it shall be decided by the authority issuing the notice. The objections shall be decided within 2 months of the date of its receipt by such authority.
(3) On the decision of the objections, or, if no objection is received, on the expiry of the period allowed therefor, the authority concerned shall send to the Jagir Commissioner a certificate in Form No. 10 furnishing details of the dues and debts outstanding on the date of the certificate. Such certificate shall in no case enter the amount of dues or the rate of interest at a figure or a rate higher than that mentioned in the notice under sub-rule (1). Where an objection has been filed by the Jagirdar within the time allowed for it, no decision shall be given unless the Jagirdar has been given a reasonable opportunity of showing cause against it.
(4) On receipt of the certificate in Form No. 10 sent under sub- rule (3), the Jagir Commissioner shall effect the deduction of the amount as entered in the certificate from the compensation (including rehabilitation grant) as provided by sub-section (1) of section 34 and section 38C of the Act. He shall also send an intimation of such deduction to the authority issuing the certificate in Form No. 10. That authority shall take necessary steps for adjustment of the recovery so effected, and further recovery of the balance, if any, that might remain outstanding against the Jagirdar.
Provided that in case of the Jagirdars whose financial position is not good, the deduction of the Rehabilitation Grant effected under this Rule shall not exceed:-
[(i) 50% in the case of jagirdars having an income below Rs.5,000/- per annum.
(ii) 66½% in the case of jagirdars having an income above Rs.5,000/ - and below 30,000/- per annum.
(iii) 80% in the case of jagirdars having an income of Rs.30,000/- and above, per annum.]
(5) Where, after the issue of one notice under sub-rule (1) in Form No. 9, a higher amount of the due is found to be recoverable from a Jagirdar, the authority concerned shall issue immediately a supplementary notice to the Jagirdar, which shall also be in Form No. 9. Subsequent procedure with respect to the amount mentioned in the supplementary notice shall be governed by the provisions contained above for the first notice.
(6) Where a dispute arises as to the proper authority to deal with a debt or dues recoverable from a Jagirdar under this rule, the matter shall be referred to the Government in the Finance Department, whose decision shall be final.
### 37D. Inquiry in respect of persons in receipt of maintenance allowance.
(1) For the purpose of determining the persons entitled to receive the maintenance allowance and the amount to be paid to them under section 27, the Jagir Commissioner shall, (after the resumption of a Jagir), by notification in the Rajasthan Gazette and in one or more important newspapers circulating in Rajasthan, call upon persons who under any existing Jagir law are entitled to receive such maintenance allowance and who are desirous of receiving it out of the compensation to be paid to the Jagirdar to apply to the Collector of the District in which the head-quarters of the Jagir are situated. A period shall be specified in the said notification for the submission of the application. The application shall be submitted in duplicate in Form No. 11. If no such application is submitted within the period mentioned in the notification, it shall be presumed that the person entitled to receive a maintenance allowance is not desirous of getting his maintenance allowance under the Act.
(2) Where an application in Form No. 11 has been received, the Collector of the District shall forward soon as may be after its receipt and in any case not later than 15 days after its receipt, a copy of the same to the Jagirdar concerned, asking the Jagirdar to state within a period of one month from the date of receipt of the same, if he has any objection in respect of the facts mentioned in the application, and, in particular, in respect of the continuance of the maintenance allowance. The Jagirdar shall, within one month of the receipt of such communication from the Collector send his reply in writing to the Collector giving full reasons for it, and shall return the copy of the application also. If no objections are received by the Jagirdar within the said period it shall be, presumed that he has no objection to the maintenance allowance stated in the application being continued and deducted out of the compensation and rehabilitation grant payable to him.
(3) The Collector shall, whether any objections have been received or not from a Jagirdar under sub-rule (2), hold such inquiry as he may deem necessary in respect of the persons entitled to receive the maintenance allowance under section 27 and the amount to e-paid to them, and shall forward his re-commendation to the Jagir Commissioner who may after such inquiry or further inquiry as he may deem necessary, fix the amount of maintenance allowance under section 27 of the Act.
(4) Where a person has submitted an application in Form No. 11 within the required period or where the Jagirdar has submitted an objection in respect thereof within the required period, no recommendation shall be made and no order shall be passed by the Collector or the Jagir Commissioner under this sub-rule to the prejudice of the applicant for maintenance allowance or the Jagirdar without giving them a reasonable opportunity of being heard.
(5) Notwithstanding anything contained above, the Collector may entertain an application in Form No. 11 or any objection with respect thereto after the required period, if he is satisfied that the maintenance holder or the Jagirdar was prevented by sufficient causes from submitting the same within said period.
### 37E. Inquiry in respect of co-shares.
- For the purpose of determining the amount, if any, payable to co-shares under section 29 of the Act, the same procedure shall be followed as is prescribed by rule 37-D for determining the persons entitled to receive maintenance allowance under section 27 and the amount payable to them, and the provisions of rule 37D shall be followed with such modifications as may be necessary, and with the further modification that the application by the co-shares shall be in Form No. 12.]
[Added by Notification No. 18170/F. 1(233) Revenue A/58, dated 14-2-1959, published in Rajasthan Gazette Part IV-C, dated 16-4-1959.]
### 38. Compensation to be in cash or in Bonds.
- Subject to the other provisions of these rules the compensation will be paid in cash or in Bonds.
### 39. [ Compensation payable to waqf, endowments, minor and persons under disability.
[Substituted by Notification No. 21230/F. 4(361) Revenue A/54, dated 22-5-1956, published in Rajasthan Gazette Part IV-C, dated 14-7-56.]
- The compensation due to a waqf, a trust or endowment in support of an educational or charitable institution shall be paid in the following manner:-]
[Substituted by Notification No. F. 4(361) Revenue 1/54, dated 6-12-1954, published in Rajasthan Gazette Part IV-C, dated 25-12-54.]
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| --- | --- | --- |
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(1) (a)
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In the case of a waqf or a public trust or
endowment where the trust or endowment is of a charitable nature.
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to the Commissioner of Devasthan, Rajasthan
who shall disburse it after ascertaining that the fund will be
properly utilised for the purpose for which waqf, trust or
endowment has been founded or created.
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(b) |
In the case of a public trust or endowment
where the trust or endowment is for the purposes of or in support
of an educational institution.
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to the Director of Education, Rajasthan, why
shall disburse it after ascertaining that the fund will be
properly utilised for the institution.
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(c) |
In the case of a minor or a person suffering
from legal disability who is not under the superintendence of the
Court of Words.
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to the Collector of the District in which the
minor or the person suffering from legal disability usually
resides who shall pay it to the person found after making inquiry
to be the natural guardian of the minor or disabled person, as
provided in section 35 (3) |
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(b) the inquiry having been held in the manner
prescribed in sub- rule (2) of this rule.
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(d) |
In the case of a minor or person suffering from
a legal disability who is under the superintendence of the Court
of Wards.
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to the Court of Wards, as provided in section
35(3) (a) of the Act.
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(2) [ in the case of annuity in perpetuity payable to charitable, religious or educational institutions under clause (7) of the Second Schedule to the Act, the Jagir Commissioner shall issue a certificate in Form 12A. The order by the Devasthan Commissioner or the Director of Education, as the case may be, for the payment of the annuity shall be in Form 12B, and the amount shall be drawn on a bill in Form 12C.]
[Renumbered and inserted by Notification No. F. 1(d) 67 Revenue A/160, dated 4-3-1962, published in Rajasthan Gazette Part IV-C, dated 10-5-62.]
(2A)
[1 For the purpose of ascertaining the person to whom payment of compensation due to a minor or person suffering from disability is to be made [vide section 35 (3) (b)] the inquiry referred to in sub-rule (1) (c) shall be made in the following manner:-
(a) The Collector shall fix the date, time and place for the inquiry, notice whereof shall be served on such person or persons as appear to him to be the natural guardian or guardians of the minor or person suffering from legal disability.
(b) The notice shall be affixed on the Notice Board of the Court of the Collector and also served individually on the persons concerned. It shall call upon all persons claiming to be the natural guardian of the minor or person under disability to appear at the inquiry.
(c) On the date and time appointed for on any other date and time to which the Collector may adjourn the inquiry for sufficient reason), the Collector shall, after hearing such persons as appear, ascertain the person to be regarded as a natural guardian.
(d) Where the question of guardianship is in dispute, the Collector shall apply to the District Judge having jurisdiction to determine such question and to appoint a guardian as required by the proviso to clause (b) of sub-section (3) of section 35 of the Act.
(e) Where the Collector does not make an application as above to the District Judge and himself ascertains the name of the guardian (the question not being in dispute) he shall make a payment of the compensation money to the guardian so ascertained after one week, subject to any orders to the contrary that he might receive in the meanwhile from any competent Civil Court.]
(3) (a) For the purpose of ascertaining the person who is recognised in accordance with law as being charged for the time being with the duty of the maintenance of an institution for educational or charitable purpose, or of any place of religious worship or for the performance of any religious service and to whom the annuity in perpetuity is payable under clause (7) of the Second Schedule to the Act, the Jagir Commissioner or the Collector, as the case may be, shall seek information from the Devasthan Commissioner and other sources and shall notify the name of such person or persons for general information by a notice to be affixed on the Notice Board of the concerned Tehsil, and the Municipal Board or Gram-Panchayat, as the case may be as well as on some conspicuous place at such institution or such place inviting the objections, if any, within a time to be specified in such notice.
[(b) The Jagir Commissioner or the Collector as the case may be, may, whether any objections have been received or not, hold such inquiry as he may deem necessary for the purpose and shall verify and ascertain the name or names of the person to whom annuity in perpetuity is payable under clause (7) of the Second Schedule to the Act.
(c) A copy of the order passed by the Jagir Commissioner or the Collector under clause (b) shall be sent by him to the Devasthan Commissioner.]
### 40. Conditions for paying interim compensation.
- The following shall be conditions subject to which interim compensation under section 36 of the Act may be ordered to be paid to a Jagirdar whose jagir has been resumed:-
(1) If the amount paid as interim compensation exceeds the amount of compensation finally determined under the Act, such excess shall be refunded by the Jagirdar-
(a) in a lump sum if it does not exceed one-fourth of the annual instalment of compensation finally determined.
(b) in two equal annual instalments, in other cases.
(2) [ The amount of such interim compensation shall be paid in cash in one instalment.]
[Substituted by Notification No. F. 4(361) Revenue 1/54, dated 3-5-1955, published in Rajasthan Gazette Part IV-C, dated 4-5-55.]
(3) Out of each instalment so paid, the Jagirdar, shall pay such persons entitled to receive a maintenance allowance out of the Jagir income as may from time to time be specified such sums as may likewise be fixed on a temporary basis.
(4) The Jagirdar shall be required, before the payment of interim compensation under section 36 of the Act starts, to execute a bond, [without, sureties, or if the Jagir Commissioner or an officer authorised by him so directs, with one surety]
[Substituted by Notification No. F. 4(361) Revenue 1/54, dated 3-5-1955, published in Rajasthan Gazette Part IV-C, dated 4-5-55.]
promising to repay to the Government:-
(i) the aggregate of all amounts received by him under that provision in case the amount finally determined as payable to him by way of compensation after making all deductions therefrom permissible by the Act is nil, or
(ii) the difference between the said aggregate and the amount of compensation finally determined.
(5) the Jagirdar will also be entitled to have alike bond taken by the Jagir Commissioner from the persons referred to sub-rule (3) of this rule.
(6) [ Notwithstanding anything contained in sub-rule (3) the Jagir Commissioner may in the case of a widow or a minor or any other person who in entitled to receive a maintenance allowance out of the Jagir income, pay the whole or any part of such maintenance allowance on a provisional basis after taking into consideration the minimum requirements of the widow or minor or such other person even before the payment of interim or final compensation to the Jagirdar subject to the execution of a bond by the widow or the guardian of the minor or such other person as the case may be with or without sureties as the Jagir Commissioner in each case may order, promising to indemnify the whole or part of the maintenance allowance so paid and as is found not payable on the determination of final compensation. The maintenance so paid shall be adjusted towards the amount finally determined.]
[Substituted by Notification No. 3926/F. 4(361) Revenue A/54, dated 20-7-1956, published in Rajasthan Gazette Part IV-C, dated 4-8-56.]
### 41. [ Maximum amount of compensation.
[Substituted by Notification No. F. 4(361) Revenue A/54, dated 1-9-1955, published in Rajasthan Gazette Part IV-C, dated 1-10-1955.]
(1) In the case referred to in clause be of sub-section (1) of section 36 of the Act.
The amount of interim compensation that may be ordered to be paid under that section shall not exceed one-tenth of the estimated amount of compensation.
(2) Nothing in sub-rule (1) shall be considered as debarring the authority concerned from refusing the amount of interim compensation, where it appears to such authority that after providing for deductions under section 34, no amount might be payable to the Jagirdar on account of compensation and rehabilitation grant.]
[Inserted by Notification No. F. 1(d) 4/ Revenue A/66, dated 18-9-1969, vide GSR 75, published in Rajasthan Gazette Part IV-C(I), dated 2-4-1971.]
[xxx]
[Deleted by Notification No. F. 4(361) Revenue A/54, dated 1-9-1955, published in Rajasthan Gazette Part IV-C, dated 1-10-1955]
### 42. [
[Substituted by Notification No. 9663/F. 4(361) Revenue A/56, dated 30-9-1956, published in Rajasthan Gazette Part IV-C, dated 25-10-56.]
The Jagir Commissioner may on receipt of a claim under section 31 of the Act and after such enquiry as he deems fit, order payment of interim compensation and rehabilitation grant under section 36 of the Act provided that he shall submit with his opinion for sanction of the Government every proposal for such payment exceeding Rs. 20,000/-.]
[Renumbered and inserted by Notification No. F. 1(d) 67 Revenue A/160, dated 4-3-1962, published in Rajasthan Gazette Part IV-C, dated 10-5-62.]
### 42A. [ Inquiry into cases of succession on death of a Jagirdar.
[Inserted by Notification No. 26089/F. 4(361) Revenue A/55, dated 4-2-56, published in Rajasthan Gazette Part IV-C, dated 25-2-1956.]
- When a Jagirdar dies after the resumption of his Jagir and before the full payment of compensation is made to him, an inquiry shall be held under section 38 in the following manner in order to determine which person or persons shall be regarded heir or heirs to the deceased Jagirdar for the purpose of payment of compensation:-
(1) The Collector having jurisdiction over the place where the deceased Jagirdar usually resided shall issue a notice calling upon all persons claiming to be the heir or heirs of the deceased Jagirdar to appear and prove their claims before the Collector on a date and at a time and place to be specified in the notice.
(2) The notice shall be served on all persons appearing to be entitled to payment of the whole of any part of the unpaid compensation that was payable to the deceased Jagirdar and shall also be published in [a local newspaper.]
(3) The Collector shall, after hearing such persons as may appear before him on the date and at the time fixed for the hearing or on such other dale as the hearing may be adjourned to from time to time, determine the person or persons entitled to payment of the unpaid amount of the compensation that was payable to the deceased Jagirdar:
Provided in cases which the question of succession or heirship to the deceased Jagirdar according to his personal law is in dispute, the Collector shall, as required by the proviso to section 38, direct all the claimants to such succession or heirship to have their respective titles thereto adjudicated upon by a competent Civil Court, and in such case payment of the remaining compensation shall be in accordance with such adjudication.]
(4) Where the claim is of a value not exceeding Rs. 500/- the Collector, instead of following the procedure laid down in sub- rules (1), (2) and (3) of this rule, may, in his discretion determine the question of succession or heirship under section 38, in the following manner;-
By obtaining-
[(i) An affidavit of the claimant,
(ii) Certificate from Tehsildar or Sarpanch.
(iii) Regarding the right of the claimant, an indemnity bond, where the value of the claim is more than Rs. 50/-.
(iv) By taking any other evidence as he thinks fit.]
### 43. [ Application for rehabilitation grant under section 38-B.
[Substituted by Notification No. F. 4(361) Revenue 1/54, dated 6-12-1954, published in Rajasthan Gazette Part IV-C, dated 25-12-54.]
- Application for payment of rehabilitation grant shall be in Form No. 6, Part A and shall be accompanied by Form No. 6, Parts B and C, duly filled up and signed and verified by the Jagirdar, for the purpose of showing the grants of land by the Jagirdar, and leases given by him. The application for payment of additional rehabilitation grant under clause (3) of III Schedule to the Act shall be in Form No. 7.]
[Inserted by Notification No. F. 8(27) Rev/Gr. 7/76, dated 10-2-78, published in Rajasthan Gazette, Part IV-C(I), dated 30-3-78, page 870.]
### 44. Additional rehabilitation grant where lands not irrigated.
- Where the Jagir lands of a Jagirdar are unirrigated or partly irrigated and partly unirrigated, then in determining the area held by the Jagirdar which would entitle him to an additional rehabilitation grant in lieu of Khudkasht rents under clause 3 of the Third Schedule to the Act, one acre of irrigated land shall be deemed equal to three acres of unirrigated land.
### 44A. [ Refund or restoration of benefit under section 41(2) .
[Inserted by Notification No. F. 1(d) (65) Revenue A/60, dated 9-11-60, published in Rajasthan Gazette Part IV-C, dated 10-11-60.]
(1) As soon as the order of conviction under sub-section (1) of section 41 of the Act becomes final, the Collector of the district in which the resumed jagir was situated shall ascertain the exact amount of the benefit which the person so convicted obtained under any provisions of the Act in consequence of the Statement in respect of which he was convicted! and shall thereafter issue a notice to such person directing him to refund the aforesaid amount within thirty days of the receipt of notice.
(2) If the refund is not made within the period specified in the notice, the Collector shall recover the same as an arrear of land revenue; and for so doing, he may make use of any of the processes for recovery of such arrears specified in section 228 of the Rajasthan Land Revenue Act, 1956, (Rajasthan act 15 of 1956).]
Chapter-VIII Miscellaneous
### 45. [ Enquires how to be conducted.
[Substituted by Notification No. F. 4(361) Revenue A/55, dated 2-12-1955, published in Rajasthan Gazette Part IV-C, dated 14-1-56.]
- All Enquires under the Act shall, unless otherwise specifically provided therein or in these rules, be conducted:-
(a) in contested cases, in the manner provided by law for the trial of a suit in a revenue court,
(b) in other cases, in the manner provided by law for the trial of an application by a revenue court.]
### 45A. Who may exercise powers of Collector.
- A Deputy Collector (Jagir) or any other officer authorised by the Government in this behalf may within his jurisdiction exercise the powers of a Collector under the Act and these rules.
### 45B. [ Assistant Commissioner, Khudkasht.
[Added by Notification No. 21230/F. 4(361) Revenue A/54, dated 22-5-1956, published in Rajasthan Gazette Part IV-C, dated 14-7-56.]
- An officer appointed as Assistant Commissioner, Khudkasht by Government may exercise within his jurisdiction the powers of a Collector under the Act and these rules in so far as they relate to the matters of Khudkasht.]
### 46. Service of Notice.
- All notices issued under the Act or these rules shall be served in the manner provided by law for the service of summonses on defendants in revenue suits, unless there is express provision to the contrary in the Act or these rules.
### 47. Existing rules superseded.
- The Rajasthan land Reforms and Jagirs Resumption Rules, 1952 are hereby superseded:
Provided that any action taken under the said rules, so far as consistent with these rules, shall be regarded as taken under these rules.
Form 1
[See rule 3(1) ]
Notice to Jagirdar for furnishing statement of rental income for Jagir lands which are not settled.
Under section 7 (1) of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (as amended).
From:-
The Collector .....................................
District ..............................................
To:-
Shri. .................................................
Jagirdar of Jagir ................................
Tehsil ................................................
District ..............................................
(1) Whereas all jagir lands are liable for payment of land revenue under section 4 of the Rajasthan Land Reforms and Resumption of jagirs Act, 1952 (as amended) and whereas the under-mentioned village or lands in your jagir.....................have not been assessed to rent in cash, it is necessary to determine income from the rent of all the said villages or lands.
You are hereby required under section 7 of the said Act to submit within 60 days of the receipt of this notice a statement in Form 2 attached herewith of the income from the rents in respect of all the above mentioned villages or lands.
(2) It may be noted that if the statement is not duly submitted as stated in para 1 above, proceedings shall be taken under sub-section (3) of section 7 of the said Act to determine the rent without waiting further for the statement.
(3) It may also be noted that the statement furnished by you in compliance of this notice is likely to be used against you and your legal representatives under sub-section (4) of section 7 of the said Act for the purpose of determining compensation which may be payable for the jagir lands described in the statement which are resumed at any time on their resumption.
Moreover, if it appears that you have concealed any rental income or deliberately furnished inaccurate particulars thereof in the statement it would be liable to be scrutinised and rental income shall be determined in accordance with sub-section (3) of section 7 of the said Act.
(4) Details of the villages or lands which are not settled are given below:-
Dated ............. the ................................
Seal of the Court.
Signature of the Collector.
Form 2
[See rule 3 (2) ]
(Section 7 of the Rajasthan Land Reforms and Resumption of Jagir Act)
Part A – Collective Statement of Income
-----------------------------------------
Name of Jagir .......... Tehshil .............. District ...........
Name of Jagirdar ....................
Date ......................
### 1. Names of whole villages Tehsilwise in the Jagir with details of cultivated area under each in acres. (Where the number is large, a separate list may be attached)
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S. No.
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Name of village
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Tehsil
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Cultivated in acres
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Culturable unoccupied area in acres
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irrigated/ Unirrigated
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1.
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2.
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3.
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### 2. Names of villages (Tehsil wise which are partly in the Jagir with details of cultivated area under each. (Where the number is large, a separate list may be attached).
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| --- | --- | --- | --- | --- |
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S. No.
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Name of village
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Tehsil
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Cultivated in acres
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Culturable unoccupied area in acres
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irrigated/Unirrigated
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1.
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2.
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3.
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Irrigated/Un-irrigated Total.
### 3. Total cultivated area under No. 1 .......................... Total cultivated area under No. 2 ................
Grand Total:-...........
### 4. Total culturable un-occupied area in acres. ###
1. In whole villages:-
### 2. In villages partly in Jagir:- ###
5. Total income from rents:-
| | | | |
| --- | --- | --- | --- |
|
|
|
|
Value of rents
|
|
|
|
In cash Rs.
|
In kind Rs.
|
Total Rs.
|
|
(a) |
According to form 2(B) |
|
|
|
|
(b) |
According to form 2(C) |
|
|
|
|
Grand Total:-
|
|
|
|
Signature of Jagirdar :- .........................
Jagir :- .........................
Part B – Villagewise statement of Income
------------------------------------------
Name of Jagir ............. Tehshil .............. District ...........
Name of Jagirdar ........................
Date .......................
### 1. Name of village ............................ Name of Tehsil ...... ###
2. Total area in acres ................
### 3. Classes of land unto which the village has been divided in Jagir records, if any. ###
4. Income from rents.
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Year
|
Fixed rent
|
Fluctuating income from rents e.g. tanks or
river beds
|
From grazing fees
|
From quarries
|
Total
|
|
Fixed in cash
|
From share in kind
|
|
|
|
|
|
|
|
|
| | | |
| --- | --- | --- |
|
(a) |
1949-50
|
|
|
(b) |
1950-51
|
|
|
(c) |
1951-52
|
|
|
Total
|
|
|
Signature of the Jagirdar ................
Jagir ....................................................
Part C – Name of Jagir .......................... Tehshil
-----------------------------------------------------------
Name of Jagirdar ...................... District
Date ......................
| | | | | |
| --- | --- | --- | --- | --- |
|
Category
|
Area in acres
|
Local rate of rent in cash, if fixed
|
Prevalent share in crop, if villages not settled
or cash rented
|
Actual or approximate rent in cash
|
|
1949-50
|
1950-51
|
1951-52
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
(a) Irrigated by wells.
(b) Irrigated from tanks.
(c) Irrigated from canal.
(d) Tank beds.
(e) Dahari.
(f) Sailabi.
(g) Barani (or un-irrigated yielding one crop).
(h) Lands under grass.
(i) Un-culturable waste land yielding grazing fee.
(j) Income from trees etc.
Total income
Signature of the Jagirdar .................
Jagir ....................................................
Form 3
[See rule 10]
(Under Section 14 (1) of the Rajasthan Land Reforms and Resumption of Jagir Act)
Form of Application by Jagirdars for Khudkasht Land under Section 14 (1) ### 1. Name of Jagir..............Tehsil...........District............ ###
2. Actual or approximate total income of the Jagir.
### 3. Number of village in the jagir with names (where the number is large, a list may be attached). ###
4. Name of Jagirdar or Sub-Jagirdar with details regarding par-centage, caste and address.
### 5. Number of dependent members in the family of Jagirdar. ###
6. Existing area under Khudkash (with name of village or villages where situated).
### 7. (a) Irrigated by wells (Chahi) with No. of wells. (b)
Irrigated from tanks (Talabi) .
(c) Irrigated from canals with description.
(d) Tank Beds.
(e) Dahari.
(f) Sailabi.
(g) Barani or un-irrigated lands yielding one crop.
(h) Lands under grass.
(i) Unculturable waste land (Banjar, Ghair Mumkin).
N.B. - (1) Khasra numbers and fixed rents of each item should be mentioned in column 6 where the area is settled. In un-settled villages the names of fields, tanks and other locally known names should be mentioned for identification.
(2) In existing Khudkasht area only such land should be entered as has been entered as khudkasht of the Jagirdar in Settlement Records or as is personally cultivated by him according to section 2 (k) of the Act.
### 8. Name of village or villages (wherein Khudkasht land is wanted). ###
9. Details of grounds for special consideration, if any.
### 10. Details of categories from which Khudkasht is claimed under section 19:- (i) Land surrendered by tenants.
(ii) Land abandoned by tenants.
(iii) Land cultivated personally upto year 1948 and then given on lease.
(iv) Culurable unoccupied land.
(v) Unoccupied land in neighbouring villages.
(vi) Land commanded by river valley project with details
(vii) Any other culturable unoccupied land outside the jagir.
N.B. - The name of village, area, Khasra numbers or other description to identify the land claimed should be given against each category.
### 11. Signature of the applicant. ###
12. I, certify that the details given above in para.....are correct to my knowledge and those given in paras........... are correct on the basis of information received and believed by me to- be true.
### 13. Signature of the applicant. ###
14. Date of application.
### 15. Recommendation/order. Received application from Shri.....................regarding Khudkasht land to-day the................ 1954 and has been registered at No........ in the register prescribed for.
Signature of Tehsildar/ Naib-Tehsildar.
Form 4
[See rule 16 (1) ]
Form of Application by Jagirdars for Exchanging Khudkasht Land for land commanded by Irrigation Project.
(Under section 19 (1) of the Rajasthan Land Reforms and Resumption of Jagirs Act.)
### 1. Name of applicant with parentage caste and address. ###
2. Name of jagir resumed ..................... Tehshil .................. District...............
### 3. Number of dependent members in the family of the jagirdar. ###
4. Details of land proposed to be ............. Area ............ Income surrendered in change.
(5) (a)
Irrigated by wells (Chahi) with No. of wells.
(b) Irrigated from tanks (Talabi).
(c) Irrigated from canals with description.
(d) Tank Beds.
(e) Dahari.
(f) Sailabi.
(g) Barani or un-irrigated lands yielding one crop.
(h) Lands under grass.
(i) Unculturable waste land (Banjar, Ghair Mumkin).
N.B. - Khasra Numbers and fixed rents of each item should be mentioned in column No. 4 where the area is settled. In unsettled villages the names of fields, tanks and other locally known names should be mentioned for identification.
### 5A. Details of area to be given in exchange:-
(a) Name of the Project.
(b) Name of village/villages ............... Tehsil ...................................... District ..............
(c) Area Irrigated.
(d) Area unirrigated.
### 6. Reasons for exchange. I certify that the details given above are correct to the best of my knowledge and belief.
| | |
| --- | --- |
|
Date of application
|
Signature of the applicant Jagirdar
|
|
|
Jagir
..........................................
|
Recommendations:-
Form No. 5
(See rule 37)
[Section 31 (1) and (2) of the Rajasthan Land Reforms and Resumption of Jagir Act].
Part A – Statement of Claims for Compensation - Gross Income.
---------------------------------------------------------------
Name of Jagirdar ............................ Tehshil ............................ District ............................
date of Resumption ............................ Date of filing the statement .....................................
| | | | | |
| --- | --- | --- | --- | --- |
|
Number of whole village in Jagir as per Statement
5-A (1) |
Total area of whole villages in Jagir as per
Statement 5-A (1) |
Number of villages or lands partly in Jagir as
per Statement 5-A (2) |
Total area of villages or lands partly in Jagir
as per Statement 5-A (2) |
Basic year (Schedule 2 clauses)
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
| |
| --- |
|
Details of Gross Income
|
|
From Land Revenue and Rents
|
From Forests as per statement 5-A (3) |
From Grazing fees as per Statement 5-A (4) |
From Quarries as per
Statement 5-A (3) |
|
From whole village as per Statement 5-A (1) |
From villages or lands partly in Jagir as per
Statement 5-A (2) |
Total of column 6 & 7
|
|
6
|
7
|
8
|
9
|
10
|
11
|
|
|
|
|
|
|
|
| |
| --- |
|
Details of Gross Income
|
|
From non-agricultural uses of land as per
Statement 5-A (5) |
From sale of culturable or Abadi land as per
Statement 5-A (6) |
From Salt Compensation as per Statement 5-A (7) |
From Excise Compensation as per Statement 5-A
(3) |
From Tribute from grantees as per Statement 5-A
(7) |
|
12
|
13
|
14
|
15
|
16
|
|
|
|
|
|
|
Form No. 5 (Continued) | | |
| --- | --- |
|
Details of Gross Income
|
Instructions regarding the preparation of
the statement and remarks
|
|
Total Gross Income total of Columns 8 to 16
|
|
17
|
18
|
|
|
1. Basic year means the agricultural year immediately
preceding the agricultural year in which the date of resumption
falls.
|
|
2. In Columns 6, 7, 9, 10, 11, 12, 13, 14, 15 and 16 total
demands of the respective statements should be entered.
|
|
3. The claim should be a consolidated claim for the whole
jagir even if the jagir extends into one or more districts, it
should be submitted in duplicate.
|
|
4. The statement should be verified by the Jagirdar as
follows. -
|
|
|
(a) certified that the entire in this statement are correct
to the best of my knowledge and belief.
|
|
(b) that no other claim has been made or remains to be made
on account of the resumption of my Jagir.
|
Signature of the Jagirdar,Jagir .............................
Date ................
Form No. 5 (Continued) Part A – (1) - Villagewise statement of income from Land Revenue and Rents of whole villages in Jagir
-------------------------------------------------------------------------------------------------------
Name of Jagirdar ...................... Name of Jagir ...................
Tehshil ..................................... District ..............................
Date of Resumption ................ Date of filing the statement ....
| | | | | |
| --- | --- | --- | --- | --- |
|
Serial No.
|
Name of whole village in Jagir
|
Name of Tehsil
|
Area
|
Basic year
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
| | |
| --- | --- |
|
Income from land revenue and rents for the Basic
year
|
Instructions regarding the preparation of the
Statement and remarks
|
|
6
|
7
|
|
|
1. If the villages of the jagir exted into more than one
tehsil, this form shall be filled separately for Jagir land
situated in each tehsil, but the total income from each village
shall be entered against one serial number.
|
|
2. If the number of villages of the jagir is large,
additional forms should be attached.
|
|
3. If the villages of the jagir extend into more than one
tehsil, an extra form should be used in which the totals of each
tehsil should be shown and consolidated for the whole of the
jagir. The grand total thus arrived at should be carried forward
to columns 1, 2, 3, 4, 6 and 7 of Form No. 5.
|
|
4. Basic year means the agricultural year immediately
preceding the agricultural year in which the date of resumption
falls.
|
|
5. The statement should be verified by the Jagirdar as
follows. -
|
|
Certified that the entries in this statement are correct to
the best of my knowledge and belief.
|
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
Form No. 5 (Continued) Part A – (2)-Villagewise statement of income from Land Revenue and Rents of villages partly in Jagir
------------------------------------------------------------------------------------------------------
Jagirdar's name ......................... Name of Jagir ...........................
Tehshil ..................................... District ......................................
Date of Resumption .................. Date of filing the statement ..........
| | | | | |
| --- | --- | --- | --- | --- |
|
Serial No.
|
Name of whole village in Jagir
|
Name of Tehsil
|
Area
|
Basic year
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
| | |
| --- | --- |
|
Income from land revenue and rents for the Basic
year
|
Instructions regarding the preparation of the
Statement and remarks
|
|
6
|
7
|
|
|
1. If the villages of the jagir exted into more than one
tehsil, this form shall be filled separately for Jagir land
situated in each tehsil, but the total income from each village
shall be entered against one serial number.
|
|
2. If the number of villages of the jagir is large,
additional forms should be attached.
|
|
3. If the villages of the jagir extend into more than one
tehsil, an extra form should be used in which the totals of each
tehsil should be shown and consolidated for the whole of the
jagir. The grand total thus arrived at should be carried forward
to columns 1, 2, 3, 4, 6 and 7 of Form No. 5.
|
|
4. Basic year means the agricultural year immediately
preceding the agricultural year in which the date of resumption
falls.
|
|
5. The statement should be verified by the Jagirdar as
follows. -
|
|
Certified that the entries in this statement are correct to
the best of my knowledge and belief.
|
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
Form No. 5 (Continued) Part A – (3) - Statement of income from Forests, Quarries and Excise Compensation
-----------------------------------------------------------------------------------
Name of Jagirdar ...................... Name of Jagir ........................
Tehshil ..................................... District ...................................
Date of Resumption ................ Date of filing the statement .........
| | | | | |
| --- | --- | --- | --- | --- |
|
Basic Year
|
3 years preceding the basic year
|
Income from Forests
|
Income from Quarries
|
Excise Compensation
|
|
Rs.
|
As.
|
Ps.
|
Rs.
|
As.
|
Ps.
|
Rs.
|
As.
|
Ps.
|
|
|
1st Year
|
|
|
|
|
|
2nd Year
|
|
|
|
|
|
3rd Year
|
|
|
|
|
|
Total
|
|
|
|
|
|
Average for 3 Years
|
|
|
|
Instructions regarding the preparation of the Statement and remarks
Basic year means the agricultural year immediately preceding the agricultural year in which the date of resumption falls. This year should be entered in column 1 and the three years preceding it should be shown in descending order in column 2 and income shown against each year in columns 3, 4 and 5.
### 2. The statement should be verified by the Jagirdar as follows. - Certified that the entries in this statement are correct to the best of my knowledge and belief.
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
Part A – (4) - Statement of income from Forests, Quarries and Excise Compensation
-----------------------------------------------------------------------------------
Name of Jagirdar ...................... Name of Jagir ........................
Tehshil ..................................... District ...................................
Date of Resumption ................ Date of filing the statement .........
| | | | | |
| --- | --- | --- | --- | --- |
|
Basic Year
|
3 years preceding the basic year
|
The scale of grazing fees prescribed by
Government
|
Income from grazing fees according to column 3
|
The scale of grazing fees realised by the
Jagirdar
|
|
1
|
2
|
3
|
4
|
5
|
|
|
1st Year
|
|
Rs. As. Ps.
|
|
|
|
2nd Year
|
|
|
|
|
|
3rd Year
|
|
|
|
|
|
Total
|
|
|
|
|
|
Average for 3 Years
|
|
|
|
| | |
| --- | --- |
|
Income from grazing fees according to column 5
|
Instructions regarding the preparation of the
Statement and remarks
|
|
6
|
7
|
|
Rs. As. Ps.
|
1. Basic year means the agricultural year immediately preceding
the agricultural year in which the date of resumption falls.
|
|
2. This year should be entered in column 1 and the three years
preceding it should be shown in descending order in column 2 and
income shown against each year in columns 4 and 6.
|
|
3. The statement should be verified by the Jagirdar as follows.
-
|
|
Certified that the entries in this statement are correct to the
best of my knowledge and belief.
|
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
Form No. 5 (Continued) Part A – (5)-Statement of income from other non-Agrucultural uses of Land
---------------------------------------------------------------------------
Name of Jagirdar ...................... Name of Jagir ........................
Tehshil ..................................... District ...................................
Date of Resumption ................ Date of filing the statement .........
| | | |
| --- | --- | --- |
|
Basic Year
|
3 years preceding the basic year
|
Income From Non-Agricultural Uses of Land
|
|
Market fees
|
Sale of fishing rights
|
|
|
|
Total
|
|
Rs.As.Ps.
|
Rs.As.Ps.
|
Rs.As.Ps.
|
Rs.As.Ps.
|
Rs.As.Ps.
|
Rs.As.Ps.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
1st Year
|
|
|
|
|
|
|
|
|
2nd Year
|
|
|
|
|
|
|
|
|
3rd Year
|
|
|
|
|
|
|
|
|
Total
|
|
|
|
|
|
|
|
|
Average for 3 Years
|
|
|
|
|
|
|
Instructions regarding the preparation of the Statement and remarks
Basic year means the agricultural year immediately preceding the Agricultural year in which the date of resumption falls. This year should be entered in column 1 and the three years preceding it should be shown in descending order in column 2 and income shown against each year in columns 3-8.
### 2. Income from non-Agricultural uses of land does not include rents from houses on village sites. ###
3. The statement should be verified by the Jagirdar as follows. -
Certified that the entries in this statement are correct to the best of my knowledge and belief.
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
Form No. 5 (Continued) Part A – (6) - Statement of income from culturable or Abadi Land
------------------------------------------------------------------
Name of Jagirdar ...................... Name of Jagir ........................
Tehshil ..................................... District ...................................
Date of Resumption ................ Date of filing the statement .........
| | | | | |
| --- | --- | --- | --- | --- |
|
Basic year
|
20 years preceding the basic year
|
Income from sale of culturable land
|
Income from sale of Abadi land
|
Total
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
Rs.
|
As.
|
Ps.
|
Rs.
|
As.
|
Ps.
|
Rs.
|
|
|
1st year
|
|
|
|
|
|
|
|
|
|
2nd year
|
|
|
|
|
|
|
|
|
|
3rd year
|
|
|
|
|
|
|
|
|
|
4th year
|
|
|
|
|
|
|
|
|
|
5th year
|
|
|
|
|
|
|
|
|
|
6th year
|
|
|
|
|
|
|
|
|
|
7th year
|
|
|
|
|
|
|
|
|
|
8th year
|
|
|
|
|
|
|
|
|
|
9th year
|
|
|
|
|
|
|
|
|
|
10th year
|
|
|
|
|
|
|
|
|
|
11th year
|
|
|
|
|
|
|
|
|
|
12th year
|
|
|
|
|
|
|
|
|
|
13th year
|
|
|
|
|
|
|
|
|
|
14th year
|
|
|
|
|
|
|
|
|
|
15th year
|
|
|
|
|
|
|
|
|
|
16th year
|
|
|
|
|
|
|
|
|
|
17th year
|
|
|
|
|
|
|
|
|
|
18th year
|
|
|
|
|
|
|
|
|
|
19th year
|
|
|
|
|
|
|
|
|
|
20th year
|
|
|
|
|
|
|
|
|
|
Total of 20 years
|
|
|
|
|
|
|
|
|
|
Average of 20 years
|
|
|
|
|
|
|
|
Instructions regarding the preparation of the Statement and remarks
| |
| --- |
|
6
|
|
Basic year means the agricultural year immediately preceding
the Agricultural year in which the date of resumption falls.
This year should be entered in column 1 and the 20 years
preceding it should be shown in descending order in column 2,
and income shown against each year in columns 3, 4 and 5.
|
|
2. Total of columns 3, 4 and 5 should be given at the bottom.
|
|
3. The statement should be verified by the Jagirdar as
follows. -Certified that the entries in this statement are
correct to the best of my knowledge and belief.
|
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
Part A – (7) -Statement of income from Salt Compensation and Payments received by the Jagirdar from the Grantees
-----------------------------------------------------------------------------------------------------------------
Name of Jagirdar ...................... Name of Jagir ........................
Tehshil ..................................... District ...................................
Date of Resumption ................ Date of filing the statement .........
| | | |
| --- | --- | --- |
|
Basic year
|
Income received in the basic year from the
Central Government for taking over the manufacture of salt in the
Jagir lands
|
Income from the payments received from grantees
in the basic year
|
|
Name of the grantee
|
Name of village or part village in Jagir
|
Amount received
|
|
Rs. As. Ps.
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
Instructions regarding the preparation of the Statement and remarks
| |
| --- |
|
6
|
|
1. Basic year means the agricultural year immediately
preceding the Agricultural year in which the date of resumption
falls.
|
|
2. The statement should be verified by the Jagirdar as
follows. -
|
|
Certified that the entries in this statement are correct to
the best of my knowledge and belief.
|
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
Form No. 5 (Continued) Part B – Statement of Claim for Compensation-Net Income
---------------------------------------------------------
Name of Jagirdar ...................... Name of Jagir ........................
Tehshil ..................................... District ...................................
Date of Resumption ................ Date of filing the statement .........
| |
| --- |
|
Deductions
|
|
Total amount of gross income as per Statement 5-A
|
Amount of tribute payable by the Jagirdar to
Government or in the case of a grantee of a Jagirdar to such
Jagirdar
|
Any sums of recurring nature e.g. agricultural
income-tax or other sums payable annually or periodically to
Government by the Jagirdar, and in the case of a grantee of a
Jagirdar to such Jagirdar
|
Administration charges @25% of the gross income
|
|
Rs. As. Ps.
|
Rs. As. Ps.
|
Rs. As. Ps.
|
Rs. As. Ps.
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Total amount of deduction. Total of Columns 2 to
4.
|
Net Income. Difference of Columns 1 and 5
|
50% of gross income
|
Amount of compensation claimed
|
Whether payment of compensation money is wanted
yearly or half-yearly.
|
|
Rs. As. Ps.
|
Rs. As. Ps.
|
Rs. As. Ps.
|
Rs. As. Ps.
|
|
5
|
6
|
7
|
8
|
9
|
|
|
|
|
|
|
| | |
| --- | --- |
|
Whether payment is desired in Bonds or cash or
both
|
Instructions regarding the preparation of the
Statement and remarks
|
|
10
|
11
|
|
|
Certified that the entries in this statement are correct to
the best of my knowledge and belief.
|
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
Form No. 5 (Continued) Part C – Statement of Government dues and debts recoverable
-------------------------------------------------------------
Name of Jagirdar ...................... Name of Jagir ........................
Tehshil ..................................... District ...................................
Date of Resumption ................ Date of filing the statement .........
| | | | | |
| --- | --- | --- | --- | --- |
|
Arrears of Land Revenue
|
Arrears of ceases
|
Arrears of tribute
|
Arrears of Matmi or Hukama-nama
|
Arrears of loans advanced by Government
|
|
Rs.
|
Rs.
|
Rs.
|
Rs.
|
Rs.
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Arrears of loans advanced by the Court of Wards and other dues
|
Arrears of loans advanced by . Devasthan or other local ....
|
Dues, if any under section 22(d) of the Act.
|
Miscellaneous dues
|
Total dues
|
|
Rs.
|
Rs.
|
Rs.
|
Rs.
|
Rs.
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
Instructions regarding the preparation of the Statement and remarks
| |
| --- |
|
11
|
|
The statement should be verified by the Jagirdar as follows. -
|
|
Certified that the entries in this statement are correct to the best of my
knowledge and belief.
|
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
Form No. 5 (Continued) Part D – Statement of persons entitled to receive maintenance allowance out of the income of Jagir.
-----------------------------------------------------------------------------------------------------
Name of Jagirdar ...................... Name of Jagir ........................
Tehshil ..................................... District ...................................
Date of Resumption ................ Date of filing the statement .........
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Name, parentage, age and address of persons
entitled to maintenance allowance
|
Relationship with Jagirdar
|
Nature of the maintenance Allowance
|
Annual amount paid at present
|
If paid in instalments, the dates and amounts of
instalments
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Period for which the maintenance allowance has
been fixed
|
Income of the Jagirdar at the time the
maintenance allowance was granted
|
Net income of the Jagirdar as per Form 5(B) |
Conditions if any, attached to the maintenance
allowance
|
Request if any, attached to the maintenance
allowance.
|
|
From
|
To
|
|
7
|
8
|
9
|
10
|
11
|
12
|
|
|
|
|
|
|
|
| | | |
| --- | --- | --- |
|
Deduction, if any from the maintenance holder
|
Net Amount payable to the maintenance holder
|
Instructions regarding the preparation of the
Statement and remarks
|
|
Amount fixed by Jagir Commissioner (Section 27)
|
|
|
Total
|
|
13
|
14
|
15
|
16
|
17
|
18
|
|
|
|
|
|
|
The statement should be verified by the Jagirdar as follows.-Certified that the entries in this statement are correct to
the best of my knowledge and belief.
|
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
Form No. 5 (Continued) Part E – Statement of Co-sharers in the Jagir Lands
-----------------------------------------------------
Name of Jagirdar ...................... Name of Jagir ........................
Tehshil ..................................... District ...................................
Date of Resumption ................ Date of filing the statement .........
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Serial Number
|
Name of the Co-sharer with parentage and address
|
Relationship with the Jagirdar, if any
|
Proportion of share in the Jagir
|
Amount of gross income of the jagir as per
column of statement 5-B
|
Amount of net income of the jagir as per column
of statement 5-B
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
| | | |
| --- | --- | --- |
|
Total compensation claimed by jagirdar as per
column 8 of Form 5-B
|
Amount of compensation payable to the Co-sharer
|
Further Deductions if any, from the Co-sharer
|
|
|
|
|
Total
|
|
7
|
8
|
9
|
10
|
11
|
12
|
|
|
|
|
|
|
|
| | |
| --- | --- |
|
Net amount payable to the Cosharer (Difference
of columns 8 & 12)
|
Instructions regarding the preparation of the
Statement and remarks
|
|
13
|
14
|
|
|
1. In columns No. 9 to 11, full details of the amount of
deductions of each kind should be given.
|
|
2. It should be verified by the Jagirdar as follows. -
|
|
Certified that the entries in this statement are correct to
the best of my knowledge and belief.
|
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
[Form 5-A]
[Added by Amending Notification No. 4402/F. 1(144) Revenue A/58, dated 16-6-58, published in Rajasthan Gazette Part IV-C, dated 31-7-58.]
(Vide Rule 37)
Application form for Compensation and Rehabilitation Grant for Jagir under the Rajasthan Land Reforms anti Resumption of Jagirs Act, 1952
| | | | | |
| --- | --- | --- | --- | --- |
|
1.
|
Name of Jagirdar
|
S/o
|
W/o
|
Age
|
|
2.
|
Name of Jagir
|
Tehsil
|
District
|
|
3.
|
Date of declaration of resumption of the Jagir.
|
Date of making charge
|
|
4.
|
Names of villages of the Jagir:-
|
Tehsil
|
District
|
|
|
1.
|
|
|
2.
|
|
|
3.
|
|
|
4.
|
|
|
5.
|
|
5.
|
(1) Total area of Jagir including Khudkasht lands.
|
|
|
|
(in Bighas).
|
|
|
|
(2) Area of Jagir under Khudkasht:-
|
|
|
|
(a) Chahi
|
on rent
|
|
|
(b) Area unirrigated
|
|
|
6.
|
Details of the Income of Jagir as based on the Basic year.
|
|
|
(1) |
Rent from Khudkasht Lands.
|
Rs. nP.
|
|
|
(2) |
Rent from other tenants.
|
|
|
|
(3) |
(a) |
Tribute (Tanka) (received) from sub-Jagirdars
(Havaldars) .
|
|
|
|
|
(b) |
Income from Zamindars
(where Zamindari System prevails, a list containing names of the
Zamindars and the amount received must also be attached).
|
|
|
|
(4) |
Income from Salt Compensation for the Basic year, if
any.....................
|
|
|
|
(5) |
Average income during 3 years preceding the basic
year....................
|
|
|
|
1st yearRs. nP.
|
2nd yearRs. nP.
|
3rd yearRs. nP.
|
Average 3 yearsRs. nP.
|
|
|
(a) |
Income from Forests
|
|
|
|
(b) |
Income from Mines
|
|
|
|
(c) |
Income from Excise
|
|
|
|
(d) |
Grazing fees
|
|
|
|
(e) |
Income from uncultivated lands or non-agricultural uses of
land e.g. water, or Poola etc.
|
|
|
6.
|
Average income from the sale of lands for 20 years as
detailed in the statement attached..........
|
Rs. nP.
|
|
|
|
Total of all income
|
|
|
|
|
(in figures)
|
Rs.
|
|
7.
|
Name of the party to whom Tribute (Tanks) was paid by this
Jagir
|
|
|
|
Name
|
Jagir
|
|
|
|
Tehsil
|
District
|
|
|
|
State
|
|
|
|
8.
|
Amount of the Tribute paid by the Jagir during 1951-52.
|
|
9.
|
Names of the persons receiving maintenance from the Jagir:-
|
|
Name
|
S/o
|
W/o
|
Resident of
|
Amount paid annually
|
|
|
(1) |
|
|
(2) |
|
|
(3) |
|
|
(4) |
|
|
(5) |
|
10.
|
Details of the Co-shares in the Jagir:-
|
|
Name
|
S/o
|
W/o
|
Resident
|
Extent of share
|
|
|
(1) |
|
|
(2) |
|
|
(3) |
|
|
(4) |
|
|
(5) |
|
|
(6) |
|
11.
|
Details of the recoveries made by the Jagirdar between the
date of declaration and the date of handing over charge of the
Jagir.............
|
|
12.
|
Remarks.
|
|
|
|
(1) Government loans and amount of arrears which the Jagirdar
has to pay to government with details.
|
|
|
Signature
|
|
|
Date
|
|
|
Address at which correspondence
is to be directed.
|
Statement showing the Income obtained from the sale of culturable or Abadi Lands
Name of Jagirdar ...................... Name of Jagir ........................
Tehshil ..................................... District ...................................
Date of Resumption ................ Date of filing the statement .........
| | | | | |
| --- | --- | --- | --- | --- |
|
Basic year
|
Name of the 20 years preceding the basic year
|
Income from the sale of culturable lands (in
rupees)
|
Income from the sale of Abadi lands (in rupees)
|
Total (in rupees)
|
|
1
|
2
|
3
|
4
|
5
|
|
|
1st year's total
|
|
|
|
|
2nd year's total
|
|
3rd year's total
|
|
4th year's total
|
|
5th year's total
|
|
6th year's total
|
|
7th year's total
|
|
8th year's total
|
|
9th year's total
|
|
10th year's total
|
|
11th year's total
|
|
12th year's total
|
|
13th year's total
|
|
14th year's total
|
|
15th year's total
|
|
16th year's total
|
|
17th year's total
|
|
18th year's total
|
|
19th year's total
|
|
20th year's total
|
Instructions and details for the preparation of Statement
| |
| --- |
|
6
|
|
1. Basic year means the agricultural year just preceding the
year in which the date of resumption falls. The names of the
year should be entered in column 1 and the 20 years just
preceding it be entered in column No. 2 and the income of the
each year be entered in columns 3, 4 and 5 respectively.
|
|
2. The Total of columns 3, 4 and 5 should be given hereunder.
|
|
3. The Jagirdar should certify the statement in the following
manner. -
|
|
Certified that the entries of the statement are true to the best
of my knowledge and belief.
|
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
Form No. 6
(See rule 64)
Name of Jagirdar ...................... Name of Jagir ........................
Tehshil ..................................... District ...................................
Date of Resumption ................ Date of filing the statement .........
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Gross Income of the Jagir as per Column of Form
5-A
|
Net Income of the Jagir as per Column 6 of Form
5-B
|
Amount of Compensation claimed by the Jagirdar
as per column 8 of Form 5-B
|
Scale of Rehabilitation grant claimed (Clause 2
of Schedule 3)
|
Amount of Rehabilitation grant claimed according
to Column 4
|
Amount of marginal adjustment claimed, if any
(Clause 2(1) of Schedule 3).
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
Form No. 6 (Contd.)
| | | | |
| --- | --- | --- | --- |
|
Total amount of Rehabilitation grant claimed for
the whole jagir (Total of Columns 5 & 6)
|
Rehabilitation grant payable to Co-sharers
|
Payments out of Rehabilitation grant due to
maintenance holders
|
Balance of
rehabilitation grant payable to the Jagirdar (difference of
column 7 and the total of columns 9 and 11)
|
|
Name and address with share
|
Amount with totals
|
Name and address
|
Amount with totals
|
|
7
|
8
|
9
|
10
|
11
|
12
|
|
|
|
|
|
|
|
| | | |
| --- | --- | --- |
|
Deductions, if any, under section 38-C
|
Net amount claimed. Difference of columns 12 and
13
|
Instructions regarding the preparation of the
Statement and remarks
|
|
13
|
14
|
15
|
|
|
|
The statement should be verified by the Jagirdar as
follows:-Certified that the entries in the statement are
correct to the best of my knowledge and belief.
|
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
Form No. 6 (Contd.)
(See Rule 43)
Part (B) - Details of grants of land by the Jagirdar during the past 5 years
Name of Jagirdar ...................... Name of Jagir ........................
Tehshil ..................................... District ...................................
Date of Resumption ................ Date of filing the statement .........
| | | | |
| --- | --- | --- | --- |
|
S. No.
|
Date of the grant
|
Name of villages or particulars of land granted
|
Tehsil
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Area
|
Rental income from land granted
|
Name and address of the grantee
|
Relationship with the Jagirdar, if any
|
|
5
|
6
|
7
|
8
|
|
|
|
|
|
| | | |
| --- | --- | --- |
|
Total area of Jagir
|
Total gross income of the Jagir
|
Instructions regarding the preparation of the
Statement and remarks
|
|
9
|
10
|
11
|
|
|
|
The statement should be verified by the Jagirdar as
follows:-Certified that the entries in this statement are
correct to the best of my knowledge and belief.
|
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
Form No. 6 (Contd.)
(See Rule 43)
Part (C) - Details of Leases of Unoccupied or Abadi Lands by the Jagirdar during the three years preceding the year 1957
Name of Jagirdar ...................... Name of Jagir ........................
Tehshil ..................................... District ...................................
Date of Resumption ................ Date of filing the statement .........
| | | | |
| --- | --- | --- | --- |
|
S.No.
|
Date of Lease
|
Name of villages in which land leased is
situated
|
Tehsil
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Area
|
Period Lease
|
Amount for which lease granted
|
Name and address of persons to whom leased
|
|
5
|
6
|
7
|
8
|
|
|
|
|
|
| | |
| --- | --- |
|
Total gross annual income of the Jagir
|
Instructions regarding the preparation of the
Statement and remarks
|
|
10
|
11
|
|
|
1. The statement should be verified by the Jagirdar as
follows:-
|
|
|
Certified that the entries in this statement are correct to
the best of my knowledge and belief.
|
| | |
| --- | --- |
|
|
Signature of the Jagirdar .........
|
|
Date ...................
|
Name of the Jagir ...................
|
Form No. 7
(See Rule 64)
Form of application for additional Rehabilitation Grant
(in lieu of Khudkasht Rents)
(Vide clause 3 of Third Schedule of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952)
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
1.
|
Name of applicant
|
Name of Jagir
|
Tehsil
|
District
|
Date of resumption
|
|
|
1
|
2
|
3
|
4
|
5
|
|
2.
|
Name of Jagir villages resumed or area of land, if no whole
village or villages were held in jagir.
|
|
|
|
|
|
3.
|
Total rental income of Jagir villages or lands (Column 8 of
Form 5-A).
|
|
|
|
|
|
4.
|
Area held in Khudkasht with Khasra numbers or names of
fields, if not settled.
|
|
|
|
|
|
|
(a) Irrigated................
|
|
|
|
........................................
|
|
|
(b) Un-irrigated.............
|
|
|
|
........................................
|
|
|
N.B. - Where the land is not settled rents should be given in
cash so fixed or cash equivalent of rents in kind at the rate of
one-sixth of gross produce or prevailing market rates.
|
|
|
Rs.
|
As.
|
Ps.
|
|
5.
|
Annual Rehabilitation grant claimed at 12½% of the
rents as given in column 4.
|
|
|
|
I solemnly affirm that the above mentioned statement is
correct.
|
| | |
| --- | --- |
|
Date
|
Signature of applicant
|
[Form No. 8]
[Inserted by Amending Notification No. F. 4(361) Revenue 1/54, dated 6-12-1954, published in Rajasthan Gazette Part IV-C, dated 25-12-54.]
(See Rule 37-A)
Written statement of Jagirdar in connection with the verification of income from Jagir forests
### 1. Name of the Jagirdar ............................................. ###
2. Jagir ............... Tehshil ............. District ................
### 3. Date of Resumption ............................................... ###
4. The class of forests (e.g. high forests. Coppice, Coppice with Standards, scrub, etc.)
### 5. The periodical feelings made therein during the 6 years immediately preceding the date of resumption. ###
6. The income received year after year during the 6 years immediately preceding the date of resumption.
Rs. As. Ps.
Year ..... i.e. 1st year preceding the year of resumption
Year ..... i.e. 2nd year preceding the year of resumption
Year ..... i.e. 3rd year preceding the year of resumption
Year ..... i.e. 4th year preceding the year of resumption
Year ..... i.e. 5th year preceding the year of resumption
Year ..... i.e. 6th year preceding the year of resumption
### 7. The principal species of trees in the forest and their approximate age and class. ###
8. The condition of the forest on the date of resumption.
### 9. Certified that the entries in the above statement are correct to the best of my knowledge and belief. Jagir ..............
Date ................
Signature of the Jagirdar ................
Form No. 9
[See Rule 37-C (1) ]
Notice for payment of dues and debts outstanding against Jagirdar
| | |
| --- | --- |
|
No. ................................................
|
Dated
................................................
|
|
From .............................................
|
To
......................................................
|
|
.......................................................
|
Jagirdar of
.........................................
|
An amount of Rs. ............. inclusive of interest up to ....... is due from you to the Government of Rajasthan, as per details fiven in the enclosed statement. Since the Jagir of which you are a Jagirdar has been resumed or is going to be resumed, and the said outstanding is recoverable from you under sections 34 and 38C of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 from the amount of compensation and rehabilitation grant payable to you, you are hereby informed under Rule 37C (1) of the Rajasthan Land Reforms and Resumption of Jagirs Rules, 1954, that you should pay up the said amount within a period of one month from the receipt of this notice. In case the amount of the outstanding is not admissible to you, you should please file your objections in my office either in person or through your authorised representative along with necessary proof in support thereof within the said period. In case no objections are received from you within the said period, it shall be presumed that the said outstanding is acceptable to you and the Jagir Commissioner will be moved to deduct from the amount of compensation and rehabilitation grant payable to you, the amount of this outstanding less any amount that may have been received in the meantime from you in part payment thereof, and any objection raised by you, the amount of this outstanding less any amount that may have been received in the meantime from you in part payment thereof, and any objection raised by you after the said period will not be considered valid. It is also stated for you information that in case the amount payable to you on account of compensation and rehabilitation grant, falls short of the amount of this outstanding you will still be liable to pay the remainder and that until the whole outstanding is fully and finally settled the interest due thereon shall continue to accrue.
Signature .................
Enclosed. - Statement as above
Designation .................
[Form No. 10]
[Inserted by Amending Notification No. F. 4(361) Revenue 1/54, dated 6-12-1954, published in Rajasthan Gazette Part IV-C, dated 25-12-54.]
[See Rule 37 C (3) ]
Certificate for recovery of dues and debts outstanding against Jagirdar
| | |
| --- | --- |
|
No. .........................
|
Dated ......................... 1954
|
This is to certify that Shri ............ S/o. Shri ................ caste...................resident of........................who is the Jagirdar of jagir Tehsil ... District .. owed to the Government of Rajasthan (.....................Department) on ................ a sum of Rs....................... inclusive of interest (on account of.). For the discharge of this outstanding the said Shri ...................... was served with a Notice dated ................ under Rule 37C (1) , the Rajasthan Land Reforms and Resumption of Jagirs Rules, 1954 but either on account of no objections having been filed by the said debtor during the period of the notice, or on account of the objections having been decided by the Government or on account of part payment by the debtor, a suns of Rs. ............. (in words .............) the details of which are given in the accompanying list, now remains outstanding in favour of this department on ........................ Since the Jagir of which Shri .............is a Jagirdar/has been resumed or is going to be resumed, and the said outstanding can be recovered out of the amount of compensation and rehabilitation grant payable to the said debtor under section 34 and 38C of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, therefore, it is further certified that the said amount of Rs together with the amount of interest which will accrue thereon as detailed in the accompanying list should be recovered from the said debtor Jagirdar Shri................S/o...... ........ of Jagir.............. from the amount of compensation and rehabilitation grant payable to him. Until the whole of the outstanding has been fully and finally settled, the interest due thereon will continue to accrue, and in the case the amount payable to the said debtor on account of or out of the compensation and rehabilitation grant falls short of the outstanding, the said debtor shall continue to be liable for the payment of the remainder.
Issued under my hand and seal dated...........................
Signature .......................
| | |
| --- | --- |
|
Enclosed. - Statement as above
|
Designation ...................
|
[Form No. 11]
[Inserted by Amending Notification No. F. 4(361) Revenue 1/54, dated 6-12-1954, published in Rajasthan Gazette Part IV-C, dated 25-12-54.]
[See Rule 37D.]
Application for gant of Maintenance Allowance from Jagir Income
Dated the .......
To
The Collector,
District .........
### 1. Name of the Jagir from which maintenance is claimed. Jagir...............Tehsil................and District...............
### 2. Name of the Jagirdar.................................,.......... ###
3. Name of the applicant ...................... son or wife of ..................... age ............... caste ................ residence ......... address ..........................
### 4. Nature of relationship with the Jagirdar ........................ ###
5. What amount maintenance (cash and kind both) is drawn at present and whether it is paid monthly, six monthly or yearly?
### 6. If no maintenance is received at present, state the amount of maintenance allowance claimed. ###
7. Whether in addition to the maintenance received at present in cash and kind, some lands are held, if so give details as under:-
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Name of the village
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Tehsil
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Area
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Annual Income
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Total
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Irrigated
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Unirrigated
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Khudkasht
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Rent
|
|
1
|
2
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3
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4
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5
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6
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7
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### 8. I, the undersigned, Shri ......... verify that the entries made above are correct to best of may knowledge and belief. | | |
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Dated...................
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Signature of the claimant of Jagir.
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[Form No. 12]
[Inserted by Amending Notification No. F. 4(361) Revenue 1/54, dated 6-12-1954, published in Rajasthan Gazette Part IV-C, dated 25-12-54.]
[See Rule 37 E]
Application of Co-sharer for share of income
To
The Collector,
District .......
### 1. Name of the applicant ............. age .............. caste son of resident of ........ ###
2. Name of the Jagir in which share is claimed.
Jagir ................. Tehsil .................
### 3. Name of the Jagirdar .............................................. ###
4. Relationship with the Jagirdar, if any .........................
### 5. The amount of share in the Jagir................ ###
6. Are there any other co-sharers in addition to applicant? (if so, state name, address and share of each).
### 7. Number of whole villages in Jagir ............... Number ............. Area ..................... Income Rs. .................... ###
8. Names of villages partly in Jagir:-
Name ............. Tehsil ............... Area ............. Income ........
### 9. Reference to No. and date of the order under which share is claimed (a copy may be enclosed). ###
10. Is the claim for compensation and rehabilitation grant submitted by the Jagirdar is acceptable to the co-sharer? (If not, give reasons).
### 11. Has any separate claim for compensation and rehabilitation grant been put up by the applicant? (if so, please give details as to when and to whom submitted). ###
12. Whether in the claim put up by the co-sharer, the claims of the Jagirdar or other co-sharers, if any, have been included?
### 13. Is the amount payable to the co-sharer desired to be deducted and paid out of the compensation and rehabilitation grant payable to the Jagirdar? ###
14. I, the undersigned, Shri. ............ verify that the entries made above are correct to the best of my knowledge and belief.
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| --- | --- |
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Dated ...................
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Signature of the Co-sharer of Jagir.
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[Form No. 12-A]
[Forms 12-A, 12-13 and 12-C have been added by Amending Notification No. F. 1(d) 67 Revenue A/160, dated 4-3-1962, published in Rajasthan Gazette Part IV-C, dated 10-5-62.]
[See Rule 39 (2) ]
Office of the Jagir Commissioner. Rajasthan/Deputy Collector (Jagir) Certificate for the payment of annuity in perpetuity under clause (7) of the Second Schedules to the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952.
Name of the Jagir ................ Tehsil ...... District ............. Name of the Institution ...............
Claim No. ...........................
This is to certify that (Name of the Institution) ........... being a (Nature of the Institution whether Religious, Educational or Charitable ............. Institution) has been held under section 26 and clause (7) of the Second Schedule to the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 to be entitled to an annuity in perpetuity of Rs. it i words Rs. ..... on account of the resumption of the above noted Jagir with effect from............... 19 . The annuity will be paid to the said institution by the Devasthan Commissioner/Director of Education, Rajasthan, debatable to his Budget grant commencing one year from the date of resumption of the Jagir.
It is further certified that a total amount of Rs. ...................... has already been paid on this account by way of interim compensation and is to be deducted from the annuity payable as above.
Issued this ............... day of the month of................ of the year.............. under my hand and seal of the court.
Jagir Commissioner,
Rajasthan/ Deputy Collector,
[Form No. 12-B]
[Forms 12-A, 12-13 and 12-C have been added by Amending Notification No. F. 1(d) 67 Revenue A/160, dated 4-3-1962, published in Rajasthan Gazette Part IV-C, dated 10-5-62.]
[See Rule 39 (2) ]
(Order for Payment of Annuity)
From
The Director of Education,
Rajasthan, Bikaner
Or
The Devasthan Commissioner,
Rajasthan, Udaipur.
To
The Collector,
Or
The Tehsildar,
....................
Sub: Payment of annuity to institutions in lieu of Jagir.
Ref: ................ (Name of court) certificate No. .................. dated...................
In pursuance of the certificate cited as reference above, sanction is hereby accorded to the disbursement of an annuity of Rs.................... to (Name of Institution)..............in two equal half yearly instalments commencing from................ 19.....till further orders.
Sum of Rs............. has already been paid by the ............... as interim compensation, which may be deducted from the amount of annuity payable to the Institution.
The payments shall be made ordinary in the months of January and July every year and a Statement showing the payments so made shall be sent to me by the end of February and August each year. Payments made otherwise than during these months may be intimated immediately.
The expenditure is debatable to head ................................
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......................
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......................
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......................
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[Form No. 12-C]
[Forms 12-A, 12-13 and 12-C have been added by Amending Notification No. F. 1(d) 67 Revenue A/160, dated 4-3-1962, published in Rajasthan Gazette Part IV-C, dated 10-5-62.]
[See Rule 39 (2) ]
Bill of Annuity in perpetuity
| | |
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Bill No.
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Voucher No.
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Month of Drawal
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| | |
| --- | --- |
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Head of Account
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.........................................
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.........................................
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.........................................
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Received on behalf of .........................................
(Name of Trust etc.)
a sum of Rs. .......... (Rupees .................) being the amount of annuity for the period from to as sanctioned by the (Name of the authority) in his Order No. .................... dated....................
Date ....................
Signature ..............
Mutwalli/ Trustee
Countersignature
Countersigned for Rs. .....................
Signature ...................
Collector/ Tehsildar
For use in Treasury
Pay Rs. .................
Examined.
| | |
| --- | --- |
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Treasury Accountant
|
Treasury Officer.
|
For Treasurer
Paid Rs. ..................
Treasurer.
For Bank
Paid Rs. ..................
Manager, Bank.
For use in Accountant General's Office
Admitted Rs. .......................
Objected to Rs. ......................
Reasons for objection .....................
|
65baa25aab84c7eca86ec3c2 | acts |
State of Goa - Act
--------------------
The Goa Command Area Development Act, 1997
--------------------------------------------
GOA
India
The Goa Command Area Development Act, 1997
============================================
Act 27 of 1997
----------------
* Published on 8 September 1997
* Commenced on 8 September 1997
The Goa Command Area Development Act, 1997
(Goa Act
No. 27 of 1997
)
[Dated 8-9-1997]
An Act to provide for accelerated increase in agricultural and allied production in the State of Goa, through a programme of comprehensive and systematic development of command areas on scientific and modern lines, comprising measures for optimum use of land and water, prevention of land erosion and water logging, improvement of soil fertility and regulation of cropping pattern, and for proper maintenance and up-keep of irrigation systems in the State of Goa for ensuring maximum benefits to the cultivators under the command areas and for matters connected therewith.
Be it enacted by the Legislative Assembly of Goa in the Forty-eighth Year of the Republic of India as follows:-
Chapter - I
### 1. Short title, extent and commencement.
(1) This Act may be called the Goa Command Area Development Act, 1997.
(2) It extends to the whole of the State of Goa.
(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas of the State of Goa.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(1) "Command area" means an area irrigated or capable of being irrigated either by gravitational flow or by lift irrigation or by any other method, under any major or medium irrigation system, project, to be specified by notification by CAD Board;
(2) "Command area development work" means any work undertaken under this Act;
(3) "Comprehensive command area development" includes,-
(a) systematic land development for conservation of land and water;
(b) water use management for optimum use of water, including irrigation by turns, volumetric measurement of water and other enabling measures to avoid waste water logging, salinity, alkalinity and the like;
(c) conjunctive use of surface and ground water for multiple cropping and proper utilisation of available water resources;
(d) regulation, maintenance and repairs of irrigation systems;
(e) bringing the land records upto date for consolidation of land holdings, land survey and mapping;
(f) realignment of field boundaries and consolidation of land holdings under a pipe outlet or under an adjacent pipe outlet, for efficient farm management;
(g) grouping of small holding in a contiguous area nearer the outlet and larger ones further away;
(h) all round development of the farms in the areas pertaining to agriculture, horticulture, sericulture, farm forestry, animal husbandry, fisheries, communication, agro-based industry and co-operation;
(4) "Command Area Development Board" or CAD Board means a statutory body constituted under section 3 of the Act;
(5) "Chairman" means the Chairman of the Command Area Development Board unless and otherwise specified/referred as Chairman(s) of any other Body, Institution, Corporation etc. under this Act;
(6) "Credit Incharge" means an Officer of the rank of Assistant Registrar of Co-operative Societies of the office of the Registrar of Co-operative Societies on deputation to CAD Board;
(7) "Deputy Director of Agriculture" means an Officer of CAD Board not below the rank of a Deputy Director of Agriculture of Agriculture Department deputed to the CAD Board;
(8) "distribution system" includes:-
(a) all main canals, branch distributories, minor canals and water courses constructed for the supply and distribution of water for irrigation;
(b) all works, structures and appliances connected with the distribution of water for irrigation;
(c) all field channels and farm channels and related structures under a pipe outlet;
(9) "drainage system" includes:-
(a) channels, either natural or artificial for the discharge of waste or surplus water and all works connected therewith or ancilliary thereto;
(b) escape channels from an irrigation or distribution system and other works connected therewith but does not include works for removal of sewage;
(c) all connecting drains and main drains to drain off surplus water from field drains;
(d) all field drains and related structures under pipe outlet;
(10) "Executive Engineer/Canal Officer" means an Officer of the rank of Executive Engineer of a Works Division of 1[Department of Water Resources] on deputation to CAD Board with all powers as delegated to the Officer of equivalent rank in [Department of Water Resources]
[In the section 2 and 9 of the Act for the words 'Irrigation Department' whenever they occur, the words 'Department of Water Resources' substituted by the Goa Command Area Development (Amendment) Act, 2001 (Goa Act No. 37 of 2001) published in the Official Gazette, Series I No. 9 dated 31-5-2001.]
and in addition the powers of Canal Officer empowered by the Goa, Daman and Diu Irrigation Act, 1973 (Act 17 of 1973);
(11) "farm road" means a road serving lands under a pipe outlet;
(12) "financing agency" means any commercial bank or any co-operative society, including a co-operative agricultural development bank, the main object of which is to lend money or any Regional Rural Bank established under the Regional Rural Banks Act, 1976 (Central Act
21 of 1976
); and includes any other agency selected for providing credit facility for comprehensive command area development;
(13) "field channel"/"water course" means a channel constructed or to be constructed by the Government or by the land holder or by any other agency to receive and distribute water from a pipe outlet and having capacity not exceeding 0,042 cumec. discharge or 421 litres per second;
(14) "field drain" means a channel excavated and maintained by the land holder or by any other agency on his behalf to discharge waste or surplus water from the land holding under a pipe outlet; and includes drains, escape channels and other similar works constructed or to be constructed and maintained by the owners or occupiers or by the Government;
(15) "Government" means the Government of the State of Goa;
(16) "Ineligible person" means a person not eligible for ordinary land development loans and belonging to one of the following categories, namely:-
(i) Farmers occupying the lands without any valid title to mortgage such lands;
(ii) minors without guardians;
(iii) Farmers occupying the Government land which have not been assigned to them, or Government lands assigned but which revert to the Government in case the assignee mortgages the same;
(iv) Land holders unable to get loan from any credit agency because of over-dues which are to be cleared before obtaining any loan for further capital investment;
(v) Farmers who are unwilling to apply for land development loans;
(17) "Input and Extension In-charge", "Soil Survey In-charge" and "Water Management Specialist" means the Officers of the rank of Agriculture Officers (Grade I) of Agriculture Department on deputation to (Office of) the CAD Board;
(18) "Irrigated dry land" or "irrigated land" means localised for light irrigation of crops, other than paddy, sugarcane and banana;
(19) "Irrigation Officer" in relation to a command area means an Officer of the Revenue Department not below the rank of the Revenue Sub-Divisional Officer having jurisdiction over such area or an Officer of the Command Area Development Board not below the rank of an Assistant Engineer, exercising control over the irrigation system in the Command Area and includes any other officer appointed by the Government to perform the functions of an Irrigation Officer under this Act;
(20) "Irrigation system" includes-
(a) the distribution system; and
(b) the drainage system;
(21) "irrigation system under a pipe outlet" includes the field channels and field drains, with all the related structures including roads thereto;
(22) "land holder" means a person in actual possession of the land, whether as an owner or as a tenant or sub-tenant or as a mortgagee in possession or as a licensee, or otherwise and includes a person who is likely to be benefited by the Command Area development work, and the expression "Land holding" shall be construed as land held by a land holder;
(23) "Member" means the member of the Command Area Development Board, unless and otherwise specified/referred as member of any other body, institution, corporation etc. under this Act;
(24) "Notification" means a Notification published in the Goa State Gazette and the expression "notified" shall be construed accordingly;
(25) "pipe outlet" means an opening or contrivance constructed by the State Government in an irrigation system through which water is delivered for irrigation at the periphery of the localised area ordinarily not exceeding 40 hectares;
(26) "prescribed" means prescribed by rules made this Act;
(27) "Scheduled Castes" and "Scheduled Tribes" shall have the same meaning as assigned to them in the Constitution;
(28) "Small farmer" means a person who holds, whether as owner, tenant or mortgagee with possession or partly in one capacity or partly in another capacity a land, as defined for the purpose of availing benefits of RDA Schemes in Goa;
(29) "Superintending Engineer CAD" means an Officer of the rank of Superintending Engineer of [Department of Water Resources]
[In the section 2 and 9 of the Act for the words 'Irrigation Department' whenever they occur, the words 'Department of Water Resources' substituted by the Goa Command Area Development (Amendment) Act, 2001 (Goa Act No. 37 of 2001) published in the Official Gazette, Series I No. 9 dated 31-5-2001.]
on deputation to CAD Board, with all powers as delegated to the officer of equivalent rank in Department of Water Resources;
(30) "systematic land development" includes all or any of the following works:-
(a) construction of field channels and water courses with related structures;
(b) construction of field drains with related structures;
(c) land shaping, including grading levelling, bunding and the like;
(d) realignment of field boundaries and rectangularisation of plots and consolidation of land holding under a pipe outlet, or under an adjacent pipe outlet, wherever necessary, for efficient farm management;
(e) lining of field channels, wherever necessary, with suitable material to prevent seepage of water;
(f) construction of farm roads with related structures:
(31) "Water Distribution Co-operative Society" also called as "Pani Vantap Vyavstha Sahakari Saunstha Maryadit" means co-operative society of farmers of command area of any irrigation project formed at a hydraulic Unit, like water course(s) and registered under the relevant Co-operative Societies Act, for the purpose of efficient water management and implementation of CAD programmes;
(32) "wet land" means land localised for heavy irrigation crops, like paddy, sugarcane and banana.
Chapter - II
### 3. Constitution of CAD Board.
(1) As soon as may be after the commencement of this Act, the Government may, by notification in the Official Gazette, constitute one or more Command Area Development Boards (hereinafter called the 'CAD Boards') for the command area of each major and medium irrigation projects in the State of Goa. Such Board(s) shall have autonomy in administrative and financial matters.
(2) The Command Area Development Board shall a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.
(3) The CAD Board shall be named as "Command Area Development Board".
### 4. Composition of the Command Area Development Board.
- The Command Area Development Board shall comprise of the following members, namely:-
(i) The Minister in-charge of Command Area Development Programme/[Water Resources]
[In the section 4 and 6 of the Act for the word 'Irrigation' whenever they occur, the words 'Water Resources' substituted by the Goa Command Area Development (Amendment) Act 2001 (Goa Act No. 37 of 2001) published in the Official Gazette, Series I No. 9 dated 31-5-2001.]
of the Government of Goa Chairman;
(ii) The concerned Members of the Legislative Assembly and Parliament, as members of the Command Area Development Board;
(iii) The Secretary, CAD/[Water Resources]
[In the section 4 and 6 of the Act for the words 'Irrigation' whenever they occur, the words 'Water Resources' substituted by the Goa Command Area Development (Amendment) Act, 2001 (Goa Act No. 37 of 2001) published in the Official Gazette, Series I No. 9 dated 31-5-2001.]
as Chief Executive of the CAD Boards;
(iv) The Secretary, Finance or his representative not below the rank of Joint Secretary, Finance, as member;
(v) The Chief Engineer, " Water Resources", Government of Goa, as Member;
(vi) The Superintending Engineer, Command Area Development Board, as Member-Secretary;
(vii) The Director of Agriculture, Member;
(viii) The Registrar of Co-operative Societies, Member;
(ix) The Director of I.C.A.R., Member;
(x) The Director of Veterinary Services, Member;
(xi) The Sr. Hydrogeologist, Ground Water Cell, Member;
(xii) The Chairperson of Goa Horticulture Development Corporation, Member;
(xiii) One Deputy Collector (Revenue) having jurisdiction in the Command Area of respective CAD Board, as Member;
(xiv) One representative of the Government of India to be nominated by the Ministry of Water Resources, as Member;
(xv) Four elected representatives of Panchayat Raj Institution within the Command Area of CAD Board, to be nominated by the Government, as Members;
(xvi) Seven Chairman of Registered Water Distribution Co-operative Societies, formed within the jurisdiction of Command Area or CAD Board, to be nominated by the Government as Members;
(xvii) Two representatives from NGOs, to be nominated by the Government as Members;
(xviii) One academician to be nominated by the Government as Member;
(xix) Five progressive farmers of the respective Command Area to be nominated by the Government as Members;
(xx) The Director of Land Survey.
### 5. Disqualification for the membership of the Command Area Development Board.
- A person shall be disqualified for being nominated as, and for being, a member of the Command Area Development Board, if he,-
(a) had been convicted and sentenced to imprisonment for an offence which, in the opinion of the Government, involves moral turpitude; or
(b) is of unsound mind and is so declared by a competent court; or
(c) is an undischarged insolvent; or
(d) has been removed or dismissed from the service of the Central Government or the State Government or a Corporation owned or controlled by the Central Government or the State Government or from the membership of the Command Area Development Board; or
(e) has directly or indirectly, by himself or by his partner, any share or interest in any work done by the order of the Command Area Development Board or in any contract or employment with or under or by or on behalf of the Command Area Development Board.
(f) is employed as a legal practitioner on behalf of the Command Area Development Board or accepts employment as legal practitioner against the Command Area Development Board.
### 6. Term of Office.
(1) The Chairman shall hold the office of Command Area Development Board as long as he holds the Office of Minister for [Water Resources]
[In the section 4 and 6 of the Act for the words 'Irrigation' whenever they occur, the words 'Water Resources' substituted by the Goa Command Area Development (Amendment) Act 2001 (Goa Act No. 37 of 2001) Published in the Official Gazette, Series I No. 9, dated 31-5-2001.]
/CAD, Government of Goa. No sooner he relinquishes the Office of the Minister for "Water Resources"/CAD, he shall automatically cease to be the Chairman of the Command Area Development Board and under such circumstances, the Chief Executive of the Board shall officiate.
(2) The terms of the concerned Members of the Legislative Assembly and Parliament as Members of the Command Area Development Board shall be for a period of 5 years or so long as they continue to be the MLAs or MPs of the concerned area, whichever is earlier.
(3) Elected representatives of Panchayat Raj Institutions shall continue to be the Member/s for a maximum period of 5 years or so long as they continue to be members of Panchayat Raj Institution, whichever is less.
(4) Chairman of registered water distribution Co-operative societies shall continue to be the Member of the Board as long as he holds the office of Chairman of such society or for a period of 5 years, whichever is less.
(5) The terms of the nominated representatives from NGOs, academician and the progressive farmers shall be for 5 years.
### 7. Casual vacancies.
- Any casual vacancy caused by the resignation of a member or by any other reason may be filled by the Government by nomination, and such person shall hold the Office of the remaining period for which the member in whose place he is nominated would have held office.
### 8. Meetings of the Command Area Development Board.
(1) The Command Area Development Board shall meet at least once in three months generally in the Secretariat of the Government or at such other place as decided by the Chairman of the CAD Board and observe such rules of procedure in regard to the transaction of business at its meeting as may be provided by regulations.
(2) The Chairman or in his absence any members chosen by the members present from among any themselves shall preside at a meeting of the Command Area Development Boards.
(3) If any Government Officer of Command Area Development Board is unable to attend any meeting of the Command Area Development Board, he may, under intimation to the Chairman, authorise his immediate subordinate Officer in writing, to attend the same on his behalf.
(4) All questions/issues at a meeting of the Command Area Development Board shall be decided by the majority of votes of the members present and in the event of equality of votes, the Chairman shall have a casting vote.
(5) Quorum for a meeting of the Command Area Development Board shall be minimum of 50% of total strength.
### 9. Composition of CAD Circle and its Divisions.
- For the purpose of discharge of duties and functions of the Command Area Development Board as specified in section 10 of the Act, following staff of the "Water Resources", Agriculture, Co-operative and Accounts Department of the Government of Goa, shall be deputed to the CAD Office of the Command Area Development Board. It will function as one of the Circle of [Department of Water Resources]
[In the section 2 and 9 of the Act for the words 'Irrigation Department' whenever they occur, the words 'Department of Water Resources' substituted by the Goa Command Area Development (Amendment) Act 2001 (Goa Act No. 37 of 2001) published in the Official Gazette, Series I No. 9 dated 31-5-2001.]
so far as technical control is concerned. The Superintending Engineer CAD will be reporting to the Chief Executive of the Command Area Development Board through the Chief Engineer, "Water Resources" Department.
(1) A Superintending Engineer with full staff strength of a Circle office of the "Department of Water Resources" alongwith one or more Deputy Director of Agriculture and three or more Agriculture Officers, Grade I, one or more Officer, of the rank of Asst. Registrar of Co-operative Societies, one or more Accounts Officer, will be deputed from respective Departments. This will be called CAD Board Circle Office.
(2) Three or more Executive Engineers with full divisional component Sub-Divisional Staff of "Department of Water Resources" i. e. one Division each for S.I.P., T.I.P. and A.I.P; all on deputation from "Department of Water Resources" will work under the above said Circle Office of Command Area Development Board. These Divisions will be called CAD Divisions.
(3) Agriculture Foremen to be appointed by the Command Area Development Board as per the requirement.
Chapter - III
### 10. Functions of the Command Area Development Board.
- The Command Area Development Board shall supplant the existing CAD Authority. The functions of the Command Area Development Board shall be as follows:-
(i) To lay down policy guideline for the implementation of CAD Programme;
(ii) To disburse Central assistance and the Government's share to Water Distribution Co-operative Societies for the works entrusted to them;
(iii) To provide technical assistance and guidance to Farmers' Associations, Water Distribution Co-operative Societies;
(iv) To co-ordinate the activities of different departments involved in the implementation of CAD Programme;
(v) To maintain the accounts of amounts disbursed and to give utilisation certificate to the Government and the Union Government;
(vi) To guide, supervise and monitor the work of Water Distribution Co-operative Societies;
(vii) To develop ground water to supplement surface "irrigation";
(viii) To help the Farmers' Associations, Water Distribution Co-operative Societies in selection and introduction of suitable cropping pattern;
(ix) Carry out soil survey and prepare Geographical Information System;
(x) To develop marketing and processing facilities and communications;
(xi) To organise annual agricultural fairs, seminars and workshops and exhibitions, etc., to motivate the farmers;
(xii) To diversify agriculture and develop activities like animal husbandry, farming, poultry, etc.;
(xiii) To carry out assessment and reclamation of water-logged areas;
(xiv) To act as a catalyst for formation of Water Distribution Co-operative Societies;
(xv) To determine the payment of compensation to the affected persons as provided in sub-section (4) of section 16 of this Act, through the CAD Circle Office;
(xvi) To carry out on farm development works which includes construction of water courses, field channel, warabandhi, land levelling and shaping, scientific crop planning suitable to local soil and climatic condition;
(xvii) Providing extension facilities like demonstration on farmers field and training of farmers;
(xviii) To propose and initiate the work of re-alignment of field boundaries and or consolidation of holdings and get the same carried out by the authorities concerned within the framework of the provisions of the Goa Land Revenue Code, 1968 (9 of 1969) and the rules made thereunder, to facilitate the viable units/holdings for economic and efficient water management.
Chapter - IV
### 11. Duties of C. A. D. Circle and its Divisions.
- The duties of the C. A. D. Circle and its Divisions shall be as follows:-
(i) Assuming responsibility for formation of Water Distribution Co-operative Societies;
(ii) Disbursement of fund to Water Distribution Co-operative Societies as received from the Government and Union Government;
(iii) Providing technical assistance to Water Distribution Co-operative Societies;
(iv) Maintenance of the accounts;
(v) Maintenance of register of all agreements entered into between CAD establishment and Water Distribution Co-operative Societies;
(vi) Training of farmers to form Associations/Societies;
(vii) Giving utilisation certificate of grants received from Union Government;
(viii) Recommend simultaneously for amendment to the relevant "irrigation" Act to provide for water distribution co-operative societies and take over of the system (participatory "irrigation" management);
(ix) Hand over the system ceremoniously to Water Distribution Co-operative Societies. The advantage of ceremonial transfer is that all the farmers in the jurisdiction of the Water Distribution Co-operative Societies would come to know about it;
(x) Initiate Action Research Programme for one project in the State where transfer process could be scaled up to distributary branch level;
(xi) Entering into agreement with Water Distribution Co-operative Societies;
(xii) Supply of water to Water Distribution Co-operative Societies (W.D.C.S.) as per agreement;
(xiii) Providing maintenance grants to Water Distribution Co-operative Societies. The amount given by the Government to CAD Board for maintenance of tertiary system should be passed on to the Water Distribution Co-operative Societies;
(xiv) Construction and maintenance of the system down to minor/water course level to carry the designed supply;
(xv) to carry out on farm development works including water courses, field channels, warabandhi, land levelling and shaping, scientific crop planning suitable for local soil and climatic condition.
(xvi) Providing extension facilities like demonstration on farmers field and training of farmers;
(xvii) Maintenance of the equipments for measuring the supply of water at the off take of minor/water course;
(xviii) Preparation of bills season-wise and send to Water Distribution Co-operative Societies for payment;
(xix) Recovery of water fees from the Water Distribution Co-operative Societies/Farmers and credit the same to Government treasury from time to time.
### 12. Duties of Water Distribution Co-operative Societies.
- The following shall be the duties of the Water Distribution Co-operative Societies, namely:-
(i) Establishment and updating register of members;
(ii) Preparation of Cropping Plan in consultation with Agriculture Officials of C.A.D.A. at the beginning of "irrigation" season;
(iii) Receiving water in bulk on volumetric basis or area-crop basis from C.A.D.A.;
(iv) Payment of water fees to Command Area Development Board;
(v) Delivering water to the registered members;
(vi) Arranging supply of water to non-members at differential rate;
(vii) Taking the execution of works of water courses and field channels of capacity not exceeding 0.042 cumec. discharge or 42 litres per second. Implementation of warabandhi. Agriculture demonstration and maintenance of accounts and submission of accounts to Command Area Development Boards regularly;
(viii) Operation and maintenance of the infrastructure transferred to them;
(ix) Maintenance of water accounts;
(x) Recovering of water rates from the farmers in its jurisdiction;
(xi) Educating of farmers in applying new technology.
### 13. Duties of each member of the Water Distribution Co-operative Societies.
- Each member of the Water Distribution Co-operative Society shall perform the following duties, namely:-
(i) Submission of cropping plan at the beginning of season of Water Distribution Co-operative Societies, and applying for "irrigation" water;
(ii) Participation in election of officials of Water Distribution Co-operative Societies;
(iii) Payment of dues of water rates;
(iv) Abiding by bye-laws of Association/Society;
(v) Usage of water efficiently;
(vi) Ensuring that no damage is caused to "irrigation" structure;
(vii) To use water for "irrigation" economically and without wastage by adopting such techniques and regime as may be prescribed by the C.A.D. Authority.
(viii) Obligation of the land holder to take steps to maximise production from his land by adopting such scientific and modern techniques of farm management as may be notified, from time to time, by such authority, as may be prescribed under this Act;
(ix) to take such precautionary and preventive measures by land holder as may be necessary so as not to cause damage to the adjacent land holdings.
Chapter - V
### 14. Formation of units and power of Command Area Development Board to specify Command Areas for comprehensive land development.
(1) All lands comprising the Command Area under one or more pipe outlet shall form into a single unit for the purpose of:-
(i) Comprehensive land development;
(ii) Maintenance and upkeep of "irrigation" system.
(2) The Command Area Development Board may, by notification, specify the command areas under its jurisdiction in which all or any of the works under comprehensive land development shall be taken up in one or more instalments and also specify the officers for command area development work in such command area.
(3) Whenever it appears to the Command Area Development Board that the systematic land development including construction of related structures is expedient for the supply of water to the lands immediately after or simultaneously with the availability of water in the main "irrigation" system, the Command Area Development Board may, by notification, declare the command area under an "irrigation" system, or project or source for the purpose of applying the provisions of this section.
(4) On the issue of the notification, the Canal Officer or any official authorised by him, shall have power to-
(a) enter upon any land and make survey of such land to determine the most suitable alignment for the construction of necessary structures so as to convey water to every land under a pipe outlet and mark out the land which, in his opinion, is necessary for the construction of such structures;
(b) enter upon any land in the command area of an "irrigation" system or lands adjacent thereto and undertake survey or take levels thereon for preparing a Scheme for comprehensive land development;
(c) dig and bore into the top soil or sub-soil and collect soil samples for the purpose of technical investigation without causing any loss or damage to the structure, tree or crops standing thereon and any hole or pit caused thereon shall be made good by the Canal Officer or any Official authorised by him;
(d) make and set up suitable land marks, and level marks for the said purpose;
(e) do all other acts necessary for the proper conduct of any inquiry or investigation relating to any existing or proposed Scheme for comprehensive command area development;
(f) enter upon any land or building and clear obstructions such as shrubs and bushes and other obstructions for the purpose of regulating the use of water supplied or inspection or measurement of the lands irrigated thereby and of doing all things necessary for the proper regulation and management of land and water:
Provided that if the Canal Officer or any other person authorised in this behalf proposes to enter into any building or any enclosed courtyard attached to a dwelling house, he shall give the occupier of such building or courtyard at least a day's notice in writing of his intention to do so, if the occupier denies entry on oral request.
(5) The Canal Officer shall ensure that no loss or any damage is caused in the process of survey, inspection, investigation or any of his other acts in the lawful discharge of his duties. However, if any damage or loss is caused, then, on the written request of the affected person, a suitable compensation shall be determined by the Superintending Engineer, CAD, whose decision shall be final in this regard and binding on the parties concerned and the Canal Officer shall pay the compensation within a period of six months from the date of such decision accordingly.
### 15. Formation and registration of water distribution co-operative societies.
(1) When the Command area having not less than 100 hectares in area or less, as may be approved by CAD Board under a single hydraulic or more Unit(s) is identified, the farmers/beneficiaries of that Command Area shall be advised to form water distribution co-operative society by the concerned Canal Officer. Then, the Canal Officer shall supply the list of such farmers and the Command area map of that unit to the Credit-In-Charge, who in turn shall take up the job of conducting a meeting of farmers/beneficiaries, forming of society, preparation of feasibility report and making all other necessary formalities. Then, the Superintending Engineer, Command Area Development Board Circle, shall recommend to the Registrar of Co-operative Societies to register the society. The Credit-In-Charge shall followup the process with the Registrar of Co-operative Societies and get the Society registered.
(2) As soon as the society is registered, the concerned Canal Officer shall hand over the existing water distribution system by executing the approved agreement with the Chairman of the society. The Central and State assistance shall be released to the society for performing its functions. The Credit-In-Charge shall render all necessary guidance to the society in performing its functions and duties and ensure the smooth functioning as stipulated in the Co-operative Societies Act or this Act.
(3) No officer or servant of the Government of India or the Government or any State Government or of a local authority or an employee of any institution receiving aid from the funds of the Government shall be qualified for being chosen as or for being a Chairman, or President or a member of a managing committee of any water distribution Co-operative society.
Chapter - VI
### 16. Preparation of the Schemes.
(1) The Command Area Development Board shall prepare a Scheme for the comprehensive development of the Command Area or any phase of it generally in accordance with the Command Area Development Schemes as laid down as per guidelines issued by the Government of India, Ministry of Water Resources. Only in such cases, where the local climatic, soil and other conditions demand any modification, the Command Area Development Board shall make such modification as may be necessary.
(2) Any Scheme so prepared shall, amongst others, set out the following, namely:-
(a) area proposed to be covered under the Scheme;
(b) the work or works to be executed;
(c) the phasing of the Scheme, both area-wise and work-wise;
(d) the sketch plan of the area proposed to be covered under the Scheme;
(e) the reallocation or the realignment, if any, of a pipe outlet or the existing "irrigation" system;
(f) the survey numbers covered;
(g) field boundaries as existing and as proposed;
(h) the compensation to be given to or recovered from the land-holders or Water Distribution Co-operative Societies, as the case may be;
(i) the cost involved in the Scheme as well as in each phase thereof;
(j) the charges or dues to be levied on the beneficiaries; and
(k) such other matters and particulars as may be prescribed.
(3) The Command Area Development Board shall also, from time to time, make and take up any new or additional Schemes in the Command Area.
(4) The Scheme shall provide for the payment of compensation to any affected land holder for the reduction in the extent of his holding under the above Scheme and for recovery of compensation from any other land holder who is benefited in getting more extent of land under the Scheme. The amount of compensation shall be determined so far as practicable in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894):
Provided that nothing in sub-section (4) shall preclude the determination of the amount of compensation by agreement with the benefited and affected land-holders and thereupon the amount so determined shall be the amount payable to such affected land-holder.
### 17. Procedure on completion of preparation of the Scheme.
(1) When a development Scheme has been prepared, except in case of construction of field channels, the CAD Board shall, by notification, publish the same in the Official Gazette inviting objections and suggestions, if any, from all persons likely to be affected thereby, within thirty days from the date of such publication in the Official Gazette.
(2) The notification shall also be published in the village chavadies, the notice boards of the office of the concerned village panchayats, the notice boards of the concerned taluka offices and the offices of the District Collector within whose jurisdiction the lands proposed to be included in the Scheme are situated.
### 18. Sanction of the Scheme.
(1) After the publication of the Scheme as aforesaid and after considering the objections, if any, received in respect thereof, the CAD Board shall, after making such modifications therein as it deems necessary, sanction the Scheme.
(2) The Scheme as sanctioned under sub-section (1), shall be notified in the Official Gazette and shall be published in the manner specified in sub-section (2) of section 17.
### 19. Consequences of notification.
- Upon the sanction of the Scheme or any phase thereof by the Command Area Development Board under section 18 (hereinafter called as the 'approved Scheme'), the following consequences shall ensue, namely:-
(1) The Command Area Development Board may require any department of the Government, any statutory or corporate body controlled by the Government functioning within the area of operation of the approved Scheme to follow such directions in respect of such matters as are specified in the approved Scheme.
(2) All development plans relating to land development drawn by any department of the Government or any local or statutory authority or body or any corporation controlled by the Government shall be intimated to the CAD Board and shall be executed with its approval and subject to such modifications or changes, if any, as the CAD Board may suggest and also subject to such directions as the CAD Board may give.
(3) The Command Area Development Board shall be empowered to take all necessary action for the implementation of the approved Scheme including levy of cost of works and other charges and to give directions to land-holders with regard to the following matters, namely:-
(a) the crops which are to be raised and the rotation of such crops;
(b) provision for drainage in the farm;
(c) distance of wells, tube-wells, pumps and other sources of "irrigation" from the distribution system;
(d) erection and removal of fences over lands;
(e) submission of returns within such time and in such manner as may be provided by regulations containing a true and accurate statement regarding the following matters, namely:-
(i) area of land cultivated by him, the classification of such land, his interest therein and encumbrances on such land, if any;
(ii) the nature and quantity of agricultural produce raised by him;
(f) Such other matters as may be specified by regulations.
### 20. Execution of the Scheme.
(1) Upon the sanction of the Scheme, the Command Area Development Board may execute the same through such agency as it deems fit, except such Schemes which are to be executed by the Water Distribution Co-operative Societies as specified under section 12 (vii) of this Act. However, in the area where no such Water Distribution Co-operative Societies are in existence, the CAD Board may execute these works also through such agency as it deems fit.
(2) In order to provide for the physical planning for the purpose of effective water management and economically viable crop production in a block of field, the Command Area Development Board, if and, wherever found necessary, shall propose the realignment of boundaries and consolidation of small and fragmented holdings and get the same carried out within the frame-work of the Goa Land Revenue Code, 1968 (9 of 1969) and the rules made thereunder.
Chapter - VII
### 21. Regulation of "irrigation" and water use management and power of Canal Officer to regulate "Water Resources" system.
- The Canal Officer shall, having regard to the availability of water and other factors, have power to regulate the supply of water from an "irrigation" system upto and below a pipe outlet and specify:-
(a) the time for letting out water for "irrigation";
(b ) the duration of supply;
(c) the quantity of supply; and
(d) the different areas to be supplied at different times.
Explanation :- Water shall be deemed to have been supplied, if it is made available, at the pipe outlet, whether or not it is used for "irrigation" of land under a pipe-outlet and therefore chargeable at the normal rate.
### 22. Liability for unlawful use of water or when water runs to waste.
(1) If water supplied from an "irrigation" system is put to unauthorised or unlawful use, the person by whose act or negligence such use has occurred, or if such a person cannot be identified, the person or all the persons or through whose land water has flowed and the land is benefited therefrom, or the person or all the persons chargeable in respect of the water supplied from such "irrigation" system, or the Water Distribution Co-operative Society under whose jurisdiction such unauthorised or unlawful use of water has occurred, shall be liable, severally or jointly, as the case may be, for the imposition of such charge as may be levied by the Canal Officer or any other authority thereof or under the relevant law for the time being in force.
Explanation :- For the purpose of this section, the use of water for irrigating an area in the following manner shall constitute, unauthorised or unlawful use, namely:-
(i) When an area is not localised under an "irrigation" system;
(ii) When an area which is localised as irrigated dry, is irrigated as wet;
(iii) When an area localised for a single crop is irrigated for a double crop;
(iv) When an area which is localised for one particular season is irrigated in the season for which it is not so localised;
(v) When an area is irrigated unauthorisedly by breaching or cross bunding an "irrigation" system;
(vi) When an area is irrigated by pumping water without prior permission of the Canal Officer;
(vii) When an area is irrigated with a crop in contravention of cropping pattern specified under section 27 of this Act;
(viii) When an area is irrigated otherwise than in accordance with the schedule of water allocation prepared by the prescribed authority indicating the day, time and duration of supply for which any person is entitled to receive water.
(2) Where water supplied through a field channel is allowed by any person to run to waste, the person by whose act or negligence such water was allowed to run to waste, or if, after inquiry such person cannot be found, the person or all the persons chargeable or the Water Distribution Co-operative Society in respect of the water supplied from such "irrigation" system; shall be liable, severally or jointly, as the case may be, for the imposition of a charge which shall be made in the prescribed manner in respect of the water so wasted.
(3) The levy of charges for unauthorised or unlawful use of or wastage of water shall not be a bar for launching prosecution for any offence connected with such use or waste.
(4) All charges for the unauthorized or unlawful use or for waste of water may be recovered as water rates, in addition to any penalties imposed on account of such use or waste of water.
(5) Any question arising under this section shall be decided by the Canal Officer and any person aggrieved by the order of the Canal Officer may prefer an appeal to the Superintending Engineer, Command Area Development Board, within fifteen days from the date of making of the order and the decision of the Superintending Engineer, C.A.D. Board, shall be binding on both the parties.
### 23. Stoppage of water supply.
(1) It shall be lawful for the Government or Canal Officer or any Officer authorized by them in this behalf, to stop the supply of water to any Water Distribution Co-operative Society, to any land holding or field channel or to any person who is entitled to such supply under all or any of the following circumstances, namely:-
(a) Whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by the competent authority;
(b) Whenever and so long as any field channel by which such supply is received, is not maintained in such repair as to prevent the wasteful escape of water thereof;
(c) Whenever and so long as it may be necessary to do so in order to prevent the wastage or misuse of water;
(d) During the periods fixed, from time to time, by the "irrigation" Officer of which due notice has been given;
(e) Whenever there is diminution in the supply of water in the "irrigation" system due to any natural or seasonal causes and thereby so long as it is necessary to do so;
(f) Whenever there are floods or heavy rains in the Command Area and thereby so long as it is necessary to do so.
(2) No claim shall be allowed against the Government or Canal Officer or any person authorised by them, for compensation in respect of any damage arising out of-
(a) deterioration in climate or soil; or
(b) stoppage or diminution of the supply of water where such stoppage or diminution is due to:-
(i) any cause beyond the control of the authority in charge of the "irrigation" system;
(ii) the execution of any repairs, alterations or additions to the "irrigation" system;
(iii) any measures considered necessary by the Canal Officer for regulating the proper flow of water in the field channel or for maintaining the established courses of "irrigation"; or
(iv) circumstances mentioned in clauses (a) to (f) of sub-section (1).
### 24. Supply of water for "irrigation" of one or more crops.
- Where water from an "irrigation" system is supplied for the "irrigation" of one or more crops as specified by the Canal Officer, the right to use such water shall be deemed to continue only until such crop or crops shall come into maturity, and to be lawful only in respect of such crop or crops.
### 25. Settlement of disputes regarding distribution of water.
(1) Whenever a dispute arises between two or more land-holders in regard to their natural rights or liabilities in respect of the use or maintenance of field channel, any such land-holder may apply in writing to the Water Distribution Co-operative Society stating the matter in dispute.
(2) On receipt of an application under sub-section (1), the Water Distribution Co-operative Society shall give notice to the other persons interested to appear before it on a day to be specified in such notice, and shall proceed to enquire into such matter and after the enquiry, the Water Distribution Co-operative Society may try to bring about a compromise between the parties and if such a compromise cannot be brought, it shall, after hearing the parties concerned, pass such an order as it deems fit:
Provided that if any dispute arises between the land holders and the Water Distribution Co-operative Society regarding the sharing of costs to be borne by one or more land-holders, any such land-holder may, after paying the cost apportioned to him by the Water Distribution Co-operative Society, prefer an appeal to the Canal Officer within seven days of such payment, and the Canal Officer shall, after giving an opportunity to the aggrieved land-holders, decide the pro-rata sharing of expenses between the land-holders, and his decision thereon shall be final and binding on all the land-holders.
(3) The Canal Officer within whose jurisdiction the pipe-outlet is situated, may suo-moto or on an application made in this behalf by an aggrieved person within fifteen days from the date of the order passed by the concerned Water Distribution Co-operative Societies under sub-section (2), revise such order:
Provided that where the Water Distribution Co-operative Society does not pass an order within fifteen days from the date of receipt of an application under sub-section (1) , the Canal Officer may himself pass an order on the matter in dispute.
Chapter - VIII
### 26. Power to specify principles of localisation.
(1) Subject to such rules as may be made in this behalf, the Command Area Development Board may, having regard to resources of land and water, nature of soil, climate and other technical considerations, by an order, specify for each command area, principles of localisation for the purpose of "irrigation".
(2) The Command Area Development Board may, having regard to the advances in technology of land and water management and other agronomic practices, alter, from time to time, by an order, the principles of localisation so specified for any command area.
Explanation :- The term "principles of localisation", shall include the prescription of season of the "irrigation", the type of "irrigation", such as wet, irrigated dry, double crop or single crop, or perennial "irrigation".
### 27. Classification of lands for raising different crops according to availability of water.
- Subject to such directions as may be issued from time to time by the Command Area Development Board, the Canal Officer may, in any year, having regard to the quantity of water available in any "irrigation" system within his jurisdiction, classify, by an order, within such time and in such manner as may be prescribed, lands under the said "irrigation" system for the purpose of raising such kind of crops on each class of land as may be specified in the order, and regulate the supply of water for "irrigation" accordingly:
Provided that on an application made to the Command Area Development Board the land-holder may be permitted to change the raising of kind of crops:
Provided further that no such change shall be allowed unless the application for such change relates to the entire holding of the land-holder under the said "irrigation" system.
### 28. Power to prohibit growing of certain kinds of crops and to regulate the period of sowing and duration of crops.
(1) Whenever the Command Area Development Board is satisfied that for the better cultivation of land and the optimum utilisation of water resources of an "irrigation" system or for accelerated land development or for any other reasons, it is expedient in the public interest to regulate the cropping pattern, the period of sowing and the duration of crop, then, it may, by notification, make declaration to that effect.
(2) On the making of a declaration under sub-section (1), the Canal Officer may specify, by notification published in such manner as may be prescribed, the kinds of crops that shall not be grown on any land under such "irrigation" system and the periods of sowing and duration in respect of non-prohibited crops thereof.
(3) On the publication of the notification under sub-section (2), no person shall grow any such crops as is prohibited by the notification on any land under such "irrigation" system and no person shall sow or plant any other crop at any period or allow such crop to remain beyond the duration specified in respect thereof in such notification.
Chapter - IX
### 29. Credit facilities to the farmers.
- The Credit-in-charge shall draw up the annual credit requirement of the farmers coming under the Command Area on the basis of recommended cropping pattern. He shall liaison with the Lead Bank and other financial institutions to facilitate timely flow of financial assistance to the needy and eligible farmers during the cropping season for all types of agricultural related activities. In cases where Water Distribution Co-operative Societies are functional, the farmers shall obtain the recommendation from the concerned Society. The Credit-in-charge shall then scrutinise the same and report to the Superintending Engineer C.A.D. who shall then recommend the case to the said financial institution.
Chapter - X
### 30. Special powers of Command Area Development Board in dealing with the cases of lands falling under command area but left fallow.
(1) No sooner the particular patch of land in the Command Area is provided with "irrigation" facility or found technically feasible for "irrigation", it shall be obligation of the concerned landholder to cultivate the said land and he is liable to pay charges at the prevailing water rate, whether or not the water is used by him for "irrigation" of land.
(2) Except in case where land is in litigation in a court of law, if the land-holder fails to cultivate the above said fallow but cultivable land for a period of two consecutive years, the Command Area Development Board shall have power to levy and recover the water charges of the regulated crop for the given location as per the notification under section 28(1) of this Act and in addition to this, the Command Area Development Board shall also have power to impose fine which shall be revisable every five years, on the land-holder as per the Table here-below and to recover the same as arrears of land revenue:
Provided that if the land-holder fails to cultivate, such land for further period of two consecutive years the fine shall be twice the amounts indicated in the table.
Table
| | | |
| --- | --- | --- |
|
Sr. No.
|
Category of land
|
Fine in Rupees to be imposed per "irrigation"
season per hectare
|
|
(1) |
(2) |
(3) |
|
(1) |
|
Garden Crop
|
|
Rs. 4200/-
|
|
(2) |
|
Rice/Cereal land
|
|
|
|
|
|
(a) Kher
|
|
Rs. 1500/-
|
|
|
|
(b) Khajan (Reclaimed)
|
|
Rs. 750/-
|
|
|
|
(c) Morod
|
|
Rs. 1000/-
|
|
(3) |
|
Sugarcane
|
|
Rs. 3500/-
|
|
(4) |
|
Vegetables
|
|
Rs. 1500/-
|
|
(5) |
|
Pulses/Oil Seeds
|
|
Rs. 3750/-
|
(3) If the land-holder fails to cultivate the land referred to in sub-section (2) for a period of 5 consecutive years, the Command Area Development Board may take over the management of such land on such terms and conditions as may be prescribed.
Chapter - XI
### 31. Funds of the Command Area Development Board.
(1) The Command Area Development Board shall have and maintain a separate fund to which shall be credited:-
(a) all moneys received by the Command Area Development Board from the Government by way of grants, loans, advances or otherwise;
(b) grant-in-aid and loans made available by the Central Government for developmental activities in the Command Area under the Central Sector Schemes;
(c) any other funds provided for taking up any of the various development activities for specified programmes;
(d) all other funds received by the Command Area Development Board from any other source.
(2) The fund shall be applied for the purpose of the Act in such manner as may be prescribed.
### 32. Budget of the Command Area Development Board.
- The Command Area Development Board shall prepare in such form and at such time every year as may be prescribed, a budget for the next financial year showing estimated receipts and expenditure of the Command Area Development Board in respect of the administration of the Act, and shall forward to the Government or such other authority, such number of copies thereof as may be prescribed.
### 33. Accounts and audit.
(1) The Command Area Development Board shall maintain true and proper accounts in consonance with CPWD Code and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed.
(2) The accounts of the Command Area Development Board shall be subject to audit annually by such officer as may be authorised by the Director of Accounts of the Government and as certified by him together with audit report thereof, shall be forwarded annually to the Government.
### 34. Annual Reports.
- The Command Area Development Board shall prepare for every year a report of its activities under this Act during that year and submit the report to the Government in such form on or before such date as may be prescribed and the Government shall cause the same to be laid before the House of the Legislature.
Chapter - XII
### 35. Penalties.
(1) Whoever, voluntarily or without proper authority,-
(a) damages, alters, enlarges, or obstructs any "irrigation" system under a pipe outlet;
(b) interferes with, increases, or diminishes the water supply in or the flow of water from, through, over or under any "irrigation" system under a pipe-outlet;
(c) being responsible for maintenance of the "irrigation" system under a pipeoutlet, neglects to take proper precautions for prevention of wastage of the water thereof or interferes with the authorised distribution of water therefrom or uses water in an unauthorised manner or in such manner as to cause damage to the adjacent land holding;
(d) corrupts or fouls, the water of any "irrigation" system under a pipe-outlet so as to render it less fit for the purpose for which it is ordinarily used;
(e) destroys, defaces or removes any level marks or water-gauge or any other work or sign fixed by the Command Area Development Board or a public servant;
(f) opens, shuts or obstructs or attempts to open, shut, or obstruct any sluice or outlet or any other similar contrivance in any "irrigation" system under a pipe-outlet or drainage system;
(g) uses water unlawfully or unauthorisedly or agrees to or allows to grow any crop in contravention of any notification under this Act shall, on conviction, be punished with imprisonment which may extend to two years or with fine which shall not be less than one thousand rupees, but may extend to five thousand rupees or with both:
Provided that in the case of a continuing offence, a fine not exceeding one hundred rupees per day shall also be imposed during the period of the continuance of the offence.
(2) While convicting any person under sub-section (1), the Judicial Magistrate may order that the said person shall remove the obstruction or repair the damage, sluice or outlet or replace the level mark, water gauge or other work in respect of which the conviction has taken place, within a period to be specified in such order. If such person neglects or refuses to obey such orders within the period so fixed, the Command Area Development Board may carry out the work in accordance with such order and the cost thereof shall be recoverable from such person as arrears of land revenue.
### 36. Liability when person using water unauthorisedly cannot be found.
(1) If water supplied through a field channel is used in any unauthorised manner, and if the person by whose act or negligence such use has occurred cannot be found after such enquiry as the Command Area Development Board may deem sufficient, the Command Area Development Board shall, after giving not less than one month's notice to the holders and occupiers of all lands benefited thereby and after hearing their representation, if any, make an order for the recovery of such charges as may be prescribed for such use from such holders and occupiers in such proportion as it may deem fit.
(2) All charges for the unauthorised use of water determined under sub-section (1), shall be recoverable as arrears of land revenue.
### 37. Abetment of offences.
- Whoever, abets any offence punishable by or under this Act or attempts to commit any such offence, shall be punished with the penalty provided by or under this Act, for committing such offence.
### 38. Punishment under other laws not barred.
- Nothing in this Act shall prevent any person from being prosecuted and punished under any other law for the time being in force for any act or omission made punishable by or under this Act:
Provided that no person shall be prosecuted and punished for the same offence more than once.
### 39. Offences under this Act to be cognizable.
- All offences punishable under this Act shall be cognizable and bailable.
### 40. Power to remove and take into custody person obstructing.
- Any Officer or authority in charge of or employed on any "irrigation" system under a pipe-outlet may remove from the land or any building thereon or may take into custody without a warrant and forthwith hand over to a police officer in-charge of the nearest police station, any person who within his view,-
(a) wilfully damages, alters, enlarges or obstructs any "irrigation" system under a pipe-outlet; or
(b) without proper authority interferes with the supply or flow of water in or from any "irrigation" system under a pipe-outlet so as to endanger, damage or render less useful such "irrigation" system under a pipe-outlet:
Provided that every person so taken into custody shall be produced before the nearest Magistrate within a period of twenty four hours of such custody excluding the time necessary for the journey from the place of arrest to the court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.
### 41. Payment of reward to informant.
- Whenever any person is sentenced with fine under this Act, the Superintending Engineer, Command Area Development Board, shall have power to reward any person who gave information leading to the detection of the offence or to the conviction of the offender, with such amount as he may determine. However, the Superintending Engineer, CAD, shall ensure the secrecy of the identity of the informant.
### 42. Composition of offences.
(1) Any Officer authorised by the Command Area Development Board may accept from any person who has committed or in respect of whom a reasonable belief can be inferred that he has committed an offence punishable under this Act, or the rules made thereunder, a sum of money not exceeding two hundred rupees, by way of composition for such offence.
(2) On payment of such sum of money, the said person if in custody, shall be released and no further proceedings shall be taken against him in regard to the offence so compounded.
Chapter - XIII
### 43. Obligation of land-holders of land adjacent to Command Areas.
- Where, for the safety of an "irrigation" system under a pipe-outlet in a Command Area and for other technical reasons it is considered necessary to take any conservation measures like contour bunding, drainage and trenching in land adjacent to the lands under the Command Area, the Command Area Development Board shall have powers to take suitable action.
### 44. Charge leviable.
- The Command Area Development Board may levy and collect charges for the maintenance and repairs of "irrigation" channels or drain channels from the beneficiaries where maintenance of such channels is done by the Command Area Development Board.
### 45. Fees for service.
- The Command Area Development Board, may charge such fees as may be prescribed under this Act, for rendering any service to any person.
### 46. Members of the Command Area Development Board and members of the staff of the Command Area Development Board Offices to be public servants.
- Members of the Command Area Development Board and the members of the staff of the Command Area Development Board offices shall, while acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
### 47. Protection for acts done in good faith.
- No suit, prosecution or other legal proceeding shall lie against the Government, the Command Area Development Board or any officer or servant of the Government or of the Command Area Development Board for anything which is in good faith done or purported or intended to be done in pursuance of this Act, or any rule made thereunder.
### 48. Recovery of dues as arrears of land revenue.
- Whenever any sum due to be paid by any land-holder has not been paid within the time specified for such payment, it shall be recoverable with interest at such rates as may be prescribed in the same manner as arrears of land revenue under the law for the time being in force.
### 49. Offences by companies.
(1) If the person committing an offence under this Act is a Company, the Company as well as every person in charge of, and responsible to the Company for the conduct of its business at the time of the commission of the offence 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 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 that the commission of the offence 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.
### 50. Bar of jurisdiction of Civil Courts.
(1) No order passed or proceeding taken by an officer or authority under this Act, shall be called in question in any court in any suit or application and no injunction shall be granted by any court in respect of any action taken or about to be taken by such officer or authority in pursuance of any power conferred by or under this Act.
(2) No suit, prosecution or other proceeding shall lie against any officer or servant of the Government for any act done or purported to be done under this Act, without the previous sanction of the Government.
(3) No Officer or servant of the Government/staff members of Command Area Development Board Offices, 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 execution of duties or the discharge of the functions imposed by or under this Act.
(4) Save as otherwise provided in this Act, no suit shall be instituted against the Government in respect of any act done unless the suit is instituted within six months from the date of the act complained of.
(5) In the case of an intended suit against any Officer or servant of the Government/staff members of Command Area Development Board Offices under sub-section (1), the person intending to sue shall be bound to give the Officer or servant, as the case may be, at least two months notice of the intended suit with sufficient description of the cause of action failing which such suit shall be dismissed.
### 51. Power to summon and examine witness.
- Any Officer empowered under this Act to conduct any enquiry may exercise such powers connected with the summoning and examining of the witnesses and the production of documents as are conferred on a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), and any such enquiry shall be deemed to be a judicial proceeding.
### 52. Revision.
(1) The Government may, either suo-motu at any time or on an application made within the prescribed period by any person interested, call for and examine the record relating to any decision or order passed or proceeding taken by the Command Area Development Board or officer subordinate to it under this Act, for the purpose of satisfying itself as to the legality or propriety or regularity of such decision or order or proceedings and if in any case, it appears to it that any such decision, order or proceedings should be modified, annulled, reversed or remitted for reconsideration, it may pass orders accordingly:
Provided that no orders adversely affecting any person shall be passed under this sub-section unless such person has been given an opportunity of making a representation.
(2) The Government may stay the execution of any such decision, order, or proceeding pending the exercise of its powers under sub-section (1).
### 53. Power to make rules.
(1) The Government may, subject to the condition of previous publication in the Official Gazette, by notification, make rules to carry out all or any of the purposes of this Act.
(2) Without prejudice to any power to make rules contained elsewhere in this Act, the Government may make rules consistent with this Act generally to carry out the purposes of the Act.
### 54. Regulations.
- The Command Area Development Board may, with the previous approval of the Government, after previous publication, 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.
### 55. Directions by Government.
- In the discharge of its functions, the Command Area Development Board shall be guided by such directions and ,instructions as may be given to it by the Government.
### 56. Act to override other laws.
(1) The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything in consistent therewith contained in any other law for the time being in force or any custom, usage or contract or decree or order of a court or other authority.
(2) For the removal of doubts, it is hereby declared that the provisions of the Goa, Daman and Diu "irrigation" Act, 1973 (Act 17 of 1973) and the rules made thereunder shall apply to the extent such provisions are not inconsistent with the provisions of this Act.
### 57. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, as occasion requires, do anything not inconsistent with the provisions of this Act which appears to be necessary or expedient for the purpose of 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.
|
65ba7dd9ab84c7eca86ebaba | acts |
Union of India - Act
----------------------
The Working Journalists (Conditions Of Service) And Miscellaneous Provisions Rules, 1957
------------------------------------------------------------------------------------------
UNION OF INDIA
India
The Working Journalists (Conditions Of Service) And Miscellaneous Provisions Rules, 1957
==========================================================================================
Rule THE-WORKING-JOURNALISTS-CONDITIONS-OF-SERVICE-AND-MISCELLANEOUS-PROVISIONS-RULES-1957 of 1957
----------------------------------------------------------------------------------------------------
* Published on 23 May 1957
* Commenced on 23 May 1957
The Working Journalists (Conditions Of Service) And Miscellaneous Provisions Rules, 1957
Published vide Notification S.R.O. 1737, dated 23.5.1957.
### 1089. In exercise of the powers conferred by section 29 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (
45 of 1955
), the Central Government hereby makes the following Rules, namely:-
Chapter I
Preliminary
--------------------------
### 1. Short title .-These rules may be called The Working Journalists (Conditions of Service) and Miscellaneous Provisions Rules, 1957.
### 2. Definitions .-In these rules, unless the context otherwise requires,-
(a) "Act" means the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (
45 of 1955
);
(b) "authorised medical practitioner" means a registered medical practitioner designated as such under rule 24 and where no such practitioner has been designated, any registered medical practitioner;
(c) "average pay" shall have the meaning assigned to it in the Industrial Disputes Act, 1947 (
14 of 1947
);
(d) "competent officer" means an officer designated as such under rule 17;
[\* \* \*]
(f) "form" means a form appended to these rules;
(g) "leave" means earned leave, leave on medical certificate, maternity leave, extraordinary leave, leave not due, casual leave, study leave or quarantine leave;
(h) "earned leave" means leave admissible under clause (a) of section 7 of the Act;
(i) "leave on medical certificate" means leave admissible under clause (b) of section 7 of the Act;.
(j) "leave not due" means leave which is not due to a working journalist but which may be granted to him in anticipation of its being earned subsequently;
(k) "quarantine leave" means leave of absence from duty by reason of the presence of an infectious disease in the family or household of a working journalist;
(l) "study leave" means leave granted to a working journalist to enable him to undergo any special course of training which may be of use to him in his journalistic career; and
(m) "shifts" : "day shift" means a shift when any hours of work of the shift do not fall between the hours of 11 P.M. and 5 A.M.; "night shift" means a shift when any hours of work fall between the hours of 11 P.M. and 5 A.M.
Chapter II
Gratuity
------------------------
### 3. Payment of gratuity
.-Gratuity shall be paid to a working journalist or, in the case of his death, his nominee or nominees or, if there is no nomination in force at the time of the death of the working journalist, his family, as soon as possible after it becomes due and in any case not later than three months.
### [4. Gratuity due to a deceased working journalist to whom payable .-On death of a working journalist-
(a) If a nomination made by him in accordance with rule 5 subsists, the gratuity shall be paid to his nominee or nominees in accordance with such nomination; and
(b) If no nomination subsists or if that nomination relates only to a part of the gratuity, the amount of the gratuity or the part thereof to which the nomination does not relate, as the case may be, shall be paid to his family.]
### 5. Nominations .-(1) A working journalist shall, as soon as he completes three years of continuous service, or in the case of those who have completed three years of continuous service at the commencement of the Act, as soon as may be after these rules come into force, make a nomination in Form A conferring the right to receive any gratuity payable under the Act, in the event of his death before the amount has become payable or, where the amount has become payable, before the payment has been made. [Where the nominee is a minor, a working journalist shall appoint any person in Form AA to receive the gratuity in the event of working journalist's death during the minority of the nominee.]
(2) A working journalist may, in his nomination distribute the amount that may become due to him amongst his nominees at his own discretion.
[\* \* \*]
[ Sub-Rules (3) and (4) omitted by G.S.R. 1320, dated 1.8.1963.]
(3) []
[ Clauses (5) and (6) renumbered as Clauses (3) and (4) by G.S.R. 1320, dated 1.8.1963.]
A nomination made under sub-rule (1) [\* \* \*]
[ Certain words omitted by G.S.R. 1320, dated 1.8.1963.]
may at any time be modified by the working journalist after giving a written notice of his intention to do so in Form B. If the nominee predeceases the working journalist, the interest of the nominee shall revert to the working journalist, who may make a fresh nomination in accordance with these rules.
(4) []
[ Clauses (5) and (6) renumbered as Clauses (3) and (4) by G.S.R. 1320, dated 1.8.1963.]
A nomination or its modification shall take effect, to the extent it is valid on the date on which it is received by the newspaper establishment.
### 6. Deductions from gratuity .-The gratuity will be subject to deductions on account of overpayments made to a working journalist by the newspaper establishment liable to pay such gratuity and monies borrowed by the working journalist from such newspaper establishment.
Chapter III
Hours Of Work
------------------------------
### 7. Special provisions regarding editors, etc .-(1) The provisions of this Chapter shall not apply to editors, or to correspondents, reporters or news-photographers.
(2) Notwithstanding anything contained in sub-rule (1), the following provisions shall apply to every correspondent, reporter or news-photographer stationed at the place at which the newspaper (in relation to which any such person is employed) is published, namely:-
(a) subject to such agreement as may be arrived at either collectively or individually between the parties concerned, every such correspondent, reporter or news-photographer shall, once he enters upon duty on any day, be deemed to be on duty throughout that day till he finishes all the work assigned to him during that day:
Provided that if such correspondent, reporter or news-photographer has had at his disposal for rest any interval or intervals for a total period of two hours or less between any two or more assignments of work, he shall not be deemed to be on duty during such period:
Provided further that where the total period of such interval or intervals exceeds two hours, he shall be deemed to be on duty during the period which is in excess of the said period of two hours;
(b) Any period of work in excess of thirty-six hours during any week (which shall be considered as a unit of work for the purposes of this sub-rule) shall be compensated by rest during the succeeding week and shall be given in one or more spells of not less than three hours each:
Provided that where the aggregate of the excess hours worked falls short of three hours, the duration of rest shall be limited only to such excess.
### 8. Normal working day .-The number of hours which shall constitute a normal working day for a working journalist exclusive of the time for meals shall not exceed six hours per day in the case of a day shift and five and a half hours per day in the case of a night shift and no working journalist shall ordinarily be required or allowed to work for longer than the number of hours constituting a normal working day.
### 9. Interval for rest .-Subject to such agreement as may be arrived at between a newspaper establishment and working journalist employed in that establishment, the periods of work for working journalists shall be so fixed that no working journalist shall work for more than four hours in the case of day shift and three hours in the case of night shift before he had an interval of rest, in the case of day shift for one hour, and in the case of night shift for half an hour.
### 10. Compensation for overtime work .-When a working journalist works for more than six hours on any day in the case of a day shift and more than five and half hours in the case of a night shift he shall, in respect of that overtime work, be compensated in the form of hours of rest equal in number to the hours for which he has worked overtime.
### 11. Conditions governing night shifts .-No working journalist shall be employed on a night shift continuously for more than one week at a time or for more than one week in any period of fourteen days:
Provided that, subject to the previous approval of the State Labour Commissioner or any authority appointed by the State Government in this behalf, the limit prescribed in this rule may be exceeded where special circumstances so require.
### 12. Interval preceding change of shift .-In the case of change of shift from night shift to day shift or vice versa , there shall be an interval of not less than twenty-four consecutive hours between the two shifts and in the case of a change from one day shift to another day shift or from one night shift to another night shift there shall be interval of not less than twelve consecutive hours:
Provided that no such interval may be allowed if such interval either coincides with, or falls within, the interval enjoyed by a working journalist under sub-section (2) of section 6 of the Act.
Chapter IV
Holidays
------------------------
### 13. Number of holidays in a year .-A working journalist shall be entitled to ten holidays in a calendar year.
### 14. Compensatory holidays .-If a working journalist is required to attend on a holiday, a compensatory holiday shall be given to him, within thirty days immediately following the holiday, on a day mutually agreed upon by him and his employer.
### 15. Wages for holidays .-A working journalist shall be entitled to wages on all holidays as if he was on duty.
### 16. Wages for weekly day of rest .-A working journalist shall be entitled to wages for the weekly day of rest as if he was on duty.
Chapter V
Leave
--------------------
### 17. Competent officers .-Every newspaper establishment may designate one or more officers in that establishment as competent officers for the purposes of this Chapter.
### 18. Application for leave .-(1) A working journalist who desires to obtain leave of absence shall apply in writing to the competent officer.
(2) Application for leave, other than casual leave, leave on medical certificate and quarantine leave, shall be made not less than one month before the date of commencement of leave, except in urgent or unforeseen circumstances.
### 19. Recording of reason for refusal or postponement of leave .-If leave is refused or postponed, the competent officer shall record the reasons for such refusal or postponement, as the case may be, and send a copy of the order to the working journalist.
### 20. Affixing of holidays to leave .-Holidays, other than weekly days of rest, shall not be prefixed or suffixed to any leave without the prior sanction of the competent officer.
### 21. Holidays intervening during period of leave .-A holiday, including a weekly rest day, intervening during any leave granted under these rules shall form part of the period of leave.
### 22. Recall before expiry of leave .-(1) A newspaper establishment may recall a working journalist on leave if that establishment considers it necessary to do so. In the event of such recall such working journalist shall be entitled to travelling allowance if at the time of recall he is spending his leave at a place other than his headquarters.
(2) The travelling allowance which shall be paid to a working journalist under sub-rule (1) shall be determined in accordance with the rules of the newspaper establishment governing travelling allowance for journeys undertaken by working journalists in the course of their duties.
### 23. [ Production of medical certificate of fitness before resumption of duty
.-A working journalist who has availed himself of leave for reasons of health may, before he resumes duty, be required by his employer to produce a medical certificate of fitness from an authorised medical practitioner, any registered medical practitioner or the medical officer who issued the medical certificate under sub-rule (2) of rules 28.]
### 24. Designation of authorised medical practitioner .-Every newspaper establishment may designate one or more registered medical practitioner as authorised medical practitioners for the purposes of these rules.
### 25. Earned leave .-(1) A working journalist shall be entitled to earned leave on full wages for a period not less than one month for every eleven months spent on duty:
Provided that he shall cease to earn such leave when the earned leave due amounts to ninety days.
(2) The period spent on duty shall include the weekly days of rest, holidays, casual leave and quarantine leave.
### 26. Wages during earned leave .-A working journalist on earned leave shall draw wages equal to his average monthly wages earned during the period of twelve complete months spent on duty, or if the period is less than twelve complete months, during the entire such period, immediately preceding the month in which the leave commences.
### 27. Cash compensation for earned leave not availed of .-(1) When a working journalist voluntarily relinquishes his post or retires from service on reaching the age of superannuation, he shall be entitled to cash compensation for earned leave not availed of upto a maximum of thirty days:
Provided that a working journalist who has been refused earned leave due to him shall be entitled to get cash compensation for the earned leave so refused:
Provided further that in the case of a working journalist who dies while in service and who has not availed himself of the earned leave due to him immediately preceding the date of his death, his heirs shall be entitled to cash compensation for the leave not so availed of.
(2) When a working journalist's services are terminated for any reason, whatsoever, other than as punishment inflicted by way of disciplinary action, he shall be entitled to cash compensation for earned leave not availed of upto a maximum of ninety days.
(3) The cash compensation shall not be less than the amount of wages due to a working journalist for the period of leave not availed of, the relevant wages being that which would have been payable to him had he actually proceeded on leave on the day immediately preceding the occurrence of any of the events specified in sub-rule (1) or (2), as the case may be.
### 28. Leave on medical certificate .-(1) A working journalist shall be entitled to leave on medical certificate on one-half of the wages at the rate of not less than one month for every eighteen months of service:
Provided that he shall cease to earn such leave when the leave on medical certificate amounts to ninety days.
(2) [ The medical certificate shall be from an authorised medical practitioner:
Provided that when a working journalist has proceeded to a place other than his headquarters with the permission of his employer and falls ill, he may produce a medical certificate from any registered medical practitioner:
Provided further that the employer may, when the registered medical practitioner is not in the service of the Government, arrange at his own expense, the medical examination of the working journalist concerned, by any Government Medical Officer not below the rank of a Civil Assistant Surgeon or any other Medical Officer in Charge of a hospital run by a local authority or a public organisation at that place like the Kasturba Gandhi Trust, Kamla Devi Nehru Trust or Tata Memorial Trust.]
(3) Leave on medical certificate may be taken in continuation with earned leave provided that the total duration of earned leave and leave on medical certificate taken together shall not exceed a hundred and twenty days at any one time.
(4) A working journalist shall be entitled at his option to convert leave on medical certificate on one-half of the wages to half the amount of leave on full wages.
(5) The ceiling laid down in the provisos to sub-rule (1) and sub-rule (3) on the accumulation and total duration of leave may be relaxed by the competent officer in the cases of working journalists suffering from lingering illness such as tuberculosis.
(6) [ Leave on medical certificate or converted leave on medical certificate referred to in sub-rules (1) and (4) may be granted to a working journalist at his request notwithstanding that earned leave is due to him.]
[ Inserted by G.S.R. 997, dated 6.7.1964.]
### 29. Maternity leave .-(1) A female working journalist who has put in not less than one year's service in the newspaper establishment in which she is for the time being employed shall be granted maternity leave on full wages for a period which may extend up to three months from the date of its commencement or six weeks from the date of confinement whichever be earlier.
(2) Leave of any other kind may also be granted in continuation of maternity leave.
(3) Maternity leave shall also be granted in cases of miscarriage, including abortion, subject to the condition that the leave does not exceed six weeks.
### 30. Quarantine leave .-Quarantine leave on full wages shall be granted by the newspaper establishment on the certificate of the authorised medical practitioner designated as such under rule 24 or, where, there is no such authorised medical practitioner, by a district public health officer or other Municipal Health Officer of similar status, for a period not exceeding twenty-one days, or, in exceptional circumstances, thirty days. Any leave necessary for quarantine purposes in excess of that period shall be adjusted against any other leave that may be due to the working journalist.
### 31. Extraordinary leave .-A working journalist who has no leave to his credit may be granted extraordinary leave without wages at the discretion of the newspaper establishment in which such working journalist is employed.
### 32. Leave not due .-A working journalist who has no leave to his credit may be granted at the discretion of the newspaper establishment in which such working journalist is employed, leave not due.
### 33. Study leave .-A working journalist may be granted study leave with or without wages at the discretion of the newspaper establishment in which such working journalist is employed.
### 34. Casual leave .-(1) A working journalist shall be eligible for casual leave at the discretion of the newspaper establishment for fifteen days in a calendar year:
Provided that not more than five days' casual leave shall be taken at any one time and such leave shall not be combined with any other leave.
(2) Casual leave not availed of during a calendar year will not be carried forward to the following year.
### 35. Wages during casual leave .-A working journalist on casual leave shall be entitled to wages as if he was on duty.
Chapter VI
Miscellaneous
-----------------------------
[35-A. Manner of giving notice under section 12 of the Act
.-Notice required to be given under proviso to clause (a) of sub-section (2) of section 12 of the Act shall be in Form H and shall be published in the Official Gazette and in leading newspapers.]
### 36. Application under section 17 of the Act
.-An application under section 17 of the Act shall be made in Form C to the Government of the State, where the Central Office or the Branch Office of the newspaper establishment in which the newspaper employee is employed, is situated.
### [37. Maintenance of registers, records and muster-rolls .-Every newspaper establishment shall prepare and maintain the following registers, records and muster-rolls:-
(i) A register of employees in Form D.
(ii) Service Registers in respect of all working journalists in Form E.
(iii) Leave Registers in respect of all working journalists in Form F.
(iv) A muster-roll in Form G:
Provided that the leave register in Form F and the muster-roll in Form G may not be maintained by the newspaper establishments to which the Minimum Wages Act, 1948 and/or the Shops and Commercial Establishments Act of the State concerned apply and which are required under those Acts or the rules made thereunder to maintain such or similar forms.]
### 38. Effect of rules and agreements inconsistent with these rules .-The provisions of these rules shall have effect notwithstanding anything inconsistent therewith contained in any other rule or agreement or contract of service applicable to a working journalist:
Provided that where under any such rule, agreement or contract of service or otherwise, a working journalist is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under these rules, the working journalist shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under these rules.
FORM A
Nomination form for payment of gratuity under Section 5 of the
Working Journalists(Conditions of Service) and Miscellaneous
Provisions Act, 1955.
[See rule 5(1) ]
### 1. Name (in block letters)
.
Surname (if any)
..
.
### 2. Sex
.
. ###
3. Religion
.
.
### 4. Occupation
. ###
5. Father's Name
.
### 6. Husband's Name
.
. (for married women only)
### 7. Marital Status
. (whether bachelor, spinster, married, widow or widower)
### 8. Date of birth
. ###
9. Permanent address :
Village
Thana
District
.
State
..
I hereby nominate the person(s) mentioned below to receive the amount of gratuity standing to my credit, in the event of my death before that amount has become payable, or having become payable has not been paid and direct that the said amount shall be distributedamong the said persons in the manner shown below against their names:
| | | | | |
| --- | --- | --- | --- | --- |
|
Name and address of nominee of nominees
|
Nominee's relationship with the working journalist
|
Age of nominee
|
Amount of share of gratuity to be paid to each nominee
|
Contingencies on the happening of which the nomination shall become invalid.
|
Dated....................
Signature of the working journalist
Certified that the above declaration has been signed by..................employed in .............................................................(the name of the newspaper establishment to be given) before me after he has read the entries/the entries have been read over to him by me.
Dated.....................
Signature of a responsible officer
of the newspaper establishment.
| | |
| --- | --- |
|
Signature of witness
|
(1) Designation
|
|
Dated
.
|
(2) Name and address of the newspaper establishment
|
Signature of witness..................
Dated.................................
[FORM AA]
FORM FOR PAYMENT OF GRATUITY UNDER SECTION 5 OF THE WORKING
JOURNALISTS (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS
ACT, 1955 IN THE CASEOF MINORS
[See rule 5(1) ]
Whereas Shri/Kumari.........................son/daughter of................who has been nominated by me to receive the amount of gratuity standing to my credit, in the event of my death before that amount has become payable, or having become payable has not ben paid, is a minor, I hereby appoint Shri/Kumari/Shrimati.....................son/daughter /wife of...................................................to receive the gratuity in the event of my death during the minority of Shri/Kumari.......................
Dated.....................
Signature of the working journalist
Certified that the above declaration has been signed by....................employed in............................(the name of the newpaper establishment to be given) before me after he has read the entries/the entries have been read to him by me.
Dated.....................
Signature of a responsible officer
of the newspaper establishment.
| | |
| --- | --- |
|
Signature of witness
|
(1) Designation
|
|
Dated
.
|
(2) Name and address of the newspaper establishment
|
Signature of witness..................
Dated.................................
FORM B
NOMINATION FORM FOR PAYMENT OF GRATUITY UNDER SECTION 5 OF THE
WORKING JORNALISTS (CONDITIONS OF SERVICE) AND MISCELLANEOUS
PROVISIONS ACT, 1955
I,.....................................hereby cancel the nomiantion made by me on the .......................regards the disposal in the event of my death of the amount of gratuity standing to my credit and hereby nominate the person/s mentioned below to receive the mount of gratuity standing to my credit, in the event of my death before that amount has become payable, or having become payable has not been paid and direct that the said amount shall be distributed among the said persons in the manner shown below against their names:-
| | | | | |
| --- | --- | --- | --- | --- |
|
Name and address of nominee of nominees
|
Nominee's relationship with the working journalist
|
Age of nominee
|
Amount of share of gratuity to be paid to each nominee
|
Contingencies on the happening of which the nomination shall become invalid.
|
|
1
|
2
|
3
|
4
|
5
|
Dated.................................
Signature of the working journalist
Certified that the above declaration has been signed before me by...................employed in..............................................................................................................................................................................................................................................(the name of the newspaper establishment to be given).
Dated...............................
Signature of a responsible officer
of the newspaper establishment
| | |
| --- | --- |
|
Signature of witness
|
(1) Designation
|
|
Dated
.
|
(2) Name and address of the newspaper establishment
|
Signature of witness..................
Dated.................................
[FORM C]
[Inserted by G.S.R. 1320, dated 1.8.1963.]
APPLICATION UNDER SUB-SECTION (1) OF SECTION 17 OF THE WORKING
JOURNALISTS (CONDITIONS OF SERVICE) AND MISCELLANEOUS
PROVISIONS ACT, 1955
(See rule 36)
To The Secretary to the Government of............................(here insert the name of the State Government)
Department of.......................(here insert the name of the Department which deals with labour matters)...................(here insert the name of the place where the headquarters of the State Government are situated).
Sir,
I have to state that I Shri/Shrimati/Kumari.......................son/widow/daughter of............................, a working journalist, was entitled to receive from.....................(here insert the name and address of the newspaper establishment) a sum of Rs.........................on account of...................(here insert gratuity, wages, etc., as the case may be), payable under the Working Journalists (Conditions of service) and Miscellaneous Provisions Act, 955(45 of 1955).
I further state that I was appointed by Shri.............by an instrument dated................to receive the amount of the gratuity on behalf of Shri/Kumari.....................
I further state that I served the said newspaper establishment with a demand notice by registered post on.............for the said amount which the said newspaper establishment has neither paid nor offered to pay to me even though 15 days have since lapsed. The details of the amount due are mentioned in the statement hereto annexed.
I request that the said sum may kindly be recovered from the said newspaper establishment under section 17 of the said Act, and paid to me as early as possible.
I have been duly authorised in writing by................(here insert the name of the newspaper employee), to make this application and to receive the paymetn of the aforesaid amount due to him.
I am a member of a family of late..............................(insert the name of the deceased newspaper employee), being his..........................(here insert the relationship) and am entitled to receive the payment of the aforesaid amount due to late................(here insert the name of the deceased newspaper employee).
To be struck out when the payment is claimed by the newspaper employee himself.
Station............................
Date...............................
Signature of the applicant
Address.....................
............................
ANNEXURES
[Here insert the details of the amount claimed]
FORM D
REGISTER OF EMPLOYEES
[See rule 37(1) ]
Name of establishment...........................................
Place............................................
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Date as on 1stof every month
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Total number of employees
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Total number of working journalists employed
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Name of working journalists who have resigned, retired, etc.
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Category
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Number employed in accordance with Central Govt's Order
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Number who are in receipt of wages accordance with Central Govt's order and reasons therefore
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Number who are not being paid in
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Name
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Designation
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Whether retired, resigned, etc. & the date of retirement, resignation, etc.
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Total amount paid as gratuity and the date of payment made
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(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
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FORM E
SERVICE REGISTER
[See rule 37(ii) ]
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(1) Name of working journalist
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(7) Dated of termination of employment, resignation, retirement or death
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(2) Native place
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(8) Reasons for termination
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(3) Father's name and residence
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(9) Personal marks of identification
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(4) Date of birth
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(10) Signature of the working journalist
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(5) Educational and other Qualifications
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(11) Signature with date and designation of the employer
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(6) Date of first appointment and nature of job
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Name of post held
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Scale of pay of the post
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Whether
(i) Apprentice;
(ii) Part-time;
(iii) Permanent;
(iv) Probationer;
(v) Temporary.
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Emoluments drawn
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Period
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Signature of working journalist
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Signature of the employer or any other officer of the establishment
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Reference to any recorded increment, reward or appreciation of the working journalist
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Pay
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Other emoluments
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FORM F
LEAVE REGISTER
[See rule 37(iii) ]
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Name of Establishment
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Place
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Name and designation of the working journalist
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Calendar year of service
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Duty
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Earned leave
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Leave on medical certificate
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Other kinds of leave
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Remarks
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To
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Balance of leave from preceding year
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Due
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Availed
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Balance
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Due
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From
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To
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Balance
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Category of leave
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Due
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Availed
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Balance
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From
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To
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To
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(2) |
(3) |
(4) |
(5) |
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(7) |
(8) |
(9) |
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FORM G
MUSTER ROLL
[See rule 37(iv) ]
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Name of Establishment
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Place
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Sl. No.
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Name of the working journalist
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Time at which work Designation \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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Rest interval
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Working hours for the period ending
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1.2.3
31
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Total hours worked in consecutive period of 4 weeks
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Overtime hours worked for the period ending
1.2.3
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Rest hours allowed in lieu of the overtime hours worked as in column 9
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1.2.3
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Remarks
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Commenced
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Ceased
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[FORM H]
[Inserted by G.S.R. 899(E) , dated 11.11.1980 (w.e.f. 12.11.1980).]
FORM OF NOTICE TO BE GIVN UNDER THE PROVISO TO CLAUSE (A) OF SUB-SECTION (2) OF
SECTION 12 OF THE WORKING JOURNALISTS AND
SUB-SCTION (2) OF SECTION 12 OF THE WORKING JOURNALISTS AND
OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) AND
MISCELLANEOUS PROVISIONS ACT, 1955
Where as the Central Government by notification No.........................dated..............constituted a board/tribunal for fixing or revising rates of wages of .........................
And whereas the said board/tribunal has made its recommendations;
And whereas the Central Government proposes to make the modifications to the said recommendations which in its opinion effect important alteration in the character of the said recommendations;
Now, therefore, in pursuance of the proviso to clause (a) of sub-section (2) of section12 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, notice is hereby given to all persons likely to be affected by the following modifications to make representation in writing within a period of thiry days from the publication of this notice.
Proposed modifications.
|
65bab2d3ab84c7eca86ec5db | acts |
NCT Delhi - Act
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The Delhi Agricultural Produce Marketing (Election) Rules, 2000
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DELHI
India
The Delhi Agricultural Produce Marketing (Election) Rules, 2000
=================================================================
Rule THE-DELHI-AGRICULTURAL-PRODUCE-MARKETING-ELECTION-RULES-2000 of 2000
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* Published on 13 December 2000
* Commenced on 13 December 2000
The Delhi Agricultural Produce Marketing (Election) Rules, 2000
Published vide Notification No. F.8/12/2000/DAM/MR(2) 4897, dated 13th December, 2000
Notification No. F.8/12/2000/DAM/MR(II) 4897, dated 13th December, 2000 - In exercise of the powers conferred by clause (c) of sub-section (2) of section 116 read with other enabling relevant provisions of the Delhi Agricultural Produce Marketing (Regulation) Act, 1998 (Delhi Act No. 7 of 1999), the Government of National Capital Territory of Delhi hereby makes the following rules, namely:-
Part I – General
------------------
### 1. Short Title and Commencement.
(1) These rules may be called the Delhi Agricultural Produce Marketing (Election) Rules, 2000.
(2) They shall come into force at once.
### 2. Definitions.
- In these rules unless the context otherwise requires :-
(a) 'Act' means the Delhi Agricultural Produce Marketing (Regulation) Act, 1998 (7 of 1999);
(b) 'ballot box' includes any box, bag or other receptacle used for the insertion of ballot paper by voters;
(c) 'constituency' means traders and commission agents constituency, and weighmen and measures constituency and each shall be treated as a constituency of a different class;
(d) 'counting agent' means a person appointed by the candidate to be his counting agent, with the previous approval of the returning officer of the constituency;
(e) 'Director' means a person appointed by the Government by notification as the Director of agricultural marketing for Delhi;
(f) 'election agent' means a person appointed by a candidate to be his election agent with the previous approval of the returning officer of the constituency;
(g) 'elector list' means list of electors prepared under these rules;
(h) 'elector' in relation to a constituency means a person whose name is entered in the electors list of the constituency, for the time being in force;
(i) 'electoral registration officer' means an officer appointed under rule 4 as an electoral registration officer of a constituency and would include assistant electoral registration officer also;
(j) 'Form' means a form appended to these rules;
(k) 'licensed' means licensed to operate as a market functionary in any market or market area under the Act;
(l) 'marked copy of electoral roll' means the copy of the electoral roll set apart for the purpose of marking the names of electors to whom ballot papers are issued at an election;
(m) 'polling station' means the place fixed for the poll for election;
(n) 'polling officer' means a poling officer appointed by the Director for the purpose of these rules;
(o) 'polling agent' means a person appointed as a polling agent by a candidate at a polling station on the day of poll under these rules;
(p) 'public holiday' means any holiday which is a public holiday for the purpose of Section 25 of the Negotiable Instruments Act, 1881 (26 of 1881);
(q) 'presiding officer' means a presiding officer appointed by the Director for the purpose of these rules;
(r) 'qualifying date' in relation to the preparation or revision of every electoral roll means the date as may be specified by the Director;
(s) 'returning officer' means a returning officer appointed by the Director for the purposes of these rules and would include assistant Returning officer also;
(t) 'section' means section of the Act;
(u) 'voter' means an elector who has voted;
### 3. Constituencies.
(1) For the purpose of election of one member for the Delhi Agricultural Marketing Board from the traders and commission agents licensed under section 80 of the Act as provided under clause (b) (iii) of sub-section (1) of section 5 and three members from licensed traders and commission agents for marketing committee of national importance as provided under clause (b) of section 27 of the Act, licensed traders and commission agents of all the marketing committees in Delhi established under the provisions of the Act, shall constitute one constituency each for Board and marketing committee of national importance respectively.
(2) For the purposes of election of two members by traders and commission agents and one member by weighmen and measures, for a market committee as provided by clause (b) and (e) of sub-section 1 of section 36 of the Act, every market area shall consist of :-
(a) Traders and commission agent constituency; and
(b) Weighmen and measurers constituency,
(3) The traders and commission agents constituency and weighmen and measurers constituency shall consist of the whole of the market area.
### 4. Electors List.
(1) The Director shall appoint electoral registration officer for each constituency who shall be an officer of the Government of National Capital Territory of Delhi.
Provided that nothing in the sub rule shall prevent the Director from appointing the same person to be the electoral registration officer for more than one constituency.
(2) (a)
The electoral registration officer shall cause to be prepared lists of electors separately for each of the constituencies specified in rule 3 in a market area in Hindi. For this purpose a central place in the constituency shall be declared by the Director as the office of the electoral registration officer for the registration of electors and may issue a notice specifying the names of the constituency, area of the constituencies and the qualification of electors and requiring them if necessary, to get themselves registered with the electoral registration officer for this purpose within such time as may be specified in the said notice.
Provided that, where a person qualified to vote in a trader constituency is a firm or body corporate (including a cooperative society) such firm or body may nominate a person (being a person who is either a partner of the firm or a member of the managing committee in the case of a cooperative society or a person duly authorized by any other body corporate) to vote on its behalf and intimate the name of that person to the electoral registration officer within such time as may be specified in that behalf for being included in the list of electors representing that firm or society.
Provided further that if such firm or society is holding more than one licence, nevertheless, it shall not nominate more than one person as aforesaid.
(b) As soon as the electors' lists are ready, the same shall be published by making a copy thereof available for inspection at a specified place in or near the area to whom it relates and displaying a notice in form 'I'
(3) No person shall be entitled to have his name entered in the list of electors for more than one constituency.
(4) The list of electors shall remain in force and continue in operation as the list of electors for the purpose of Election or any subsequent by-election, until it is revised as provided by these rules.
(5) Every such list shall be revised before each election, at least three months before the date on which the term of the marketing committee is due to expire:
Provided that the Director may, direct the revision of such list or lists also at any other time before any general election is due.
### 5. Preparation of list of electors of constituency.
(1) The Director shall cause to be prepared list of electors of each constituency.
(2) Every list of electors shall show:-
(a) Full Name
(b) Father's Name
(c) Age on .................
(d) Residence
(e) Licence number and date
(f) Date of issue of licence and its expiry
(g) Operational area/Marketing committee
### 6. Electors' list to be conclusive.
- Subject to any disqualification incurred by a person, the electors list published finally shall be conclusive evidence for the purpose of determining whether any person is qualified to be elector at any election.
### 7. Person qualified to be elected.
- Every person whose name is entered in the list of electors of any constituency shall, unless disqualified under the Act and these rules, be qualified to be elected.
### 8. Right to vote.
- Except as expressly provided by these rules, every person who is for the time being, entered in the list of electors of any constituency shall be entitled to vote in that constituency.
### 9. Number of votes for each elector.
- Subject to the provisions of the Act, every elector of respective constituency shall have right to elect:-
(a) one person as the member of the Board from the traders and commission agents of all marketing committees.
(b) (i)
two persons as members of marketing committee of national importance from the traders and commission agents of marketing committees of national importance.
(ii) one person as member of marketing committee of national importance from the traders and commission agents of all marketing committees.
(c) two persons as the member of marketing committee from traders and commission agents constituency of concerned marketing committee.
(d) One person as the member of marketing committee from weighmen and measurers constituency of concerned marketing committee.
Explanation: - For the purpose of election of members of the Board, and the national importance committee all the licensed traders and commission agent of all the marketing committee shall constitute one constituency respectively.
### 10. Disqualification for voting.
(1) No person shall be allowed to vote at any election in any constituency, if he is subjected to any disqualification under these rules.
(2) No persona shall vote in more than one constituency.
(3) No person shall at any election, vote in the same constituency more than once, notwithstanding that his name may have been entered in the list of election for the constituency more than once; and if he does so, all his votes in that constituency shall be void.
(4) No person shall vote at any election, if he is confined in a prison whether under a sentence or otherwise, or is in lawful custody of the police.
### 11. President/Chairman of Co-operative Societies.
- If, there are more than one cooperative societies doing the business of marketing of notified agricultural produce or operating as processor in the market area, the Director shall call upon such societies, if they so desire, to communicate the names of their President / Chairman by a specified date for being nominated to the marketing committee. On receipt of the names of the Chairman or the representatives of the societies, as the case may be, the Director shall prepare a panel/list and submit the same to the Government for consideration and nomination of any one of them as member of the marketing committee of that area in terms of clause (c) of sub-section (1) of section 36 of the Act.
### 12. Disqualification of membership.
(1) A person shall be disqualified for being chosen as or for being a member of a marketing committee:
(a) If he has been convicted by a court in India of any offence and sentenced to imprisonment for a term exceeding six months unless such disqualification has been removed by an order of the Government;
(b) If he has not attained the age of 21 years on the "qualifying date"; or
(c) If he is an undischarged insolvent; or
(d) If he is of unsound mind and stands so declared by a competent court; or
(e) If he is deaf-mute; or
(f) If he has failed to pay any fees or charges due to marketing committee; or
(g) If he is a Government servant or a servant of the Board or any marketing committee or local authority of public undertaking or holds a licence from such committee other than that of a trader or commission agent or measurer and weighman; or
(h) If he has committed breach of the Act or the rule or by laws made thereunder more than once and has been convicted under this Act by a competent court; or
(i) If he has failed to make payments to sellers,
(2) A person shall not be chosen as a member representing the traders' constituency and weighmen and measurers constituency if he does not ordinarily reside in the market area or if the licence issued to him, is cancelled or suspended or not renewed.
Explanation - For the purpose of this sub-rule, person shall be deemed to be ordinarily residing in the market area, if he resides in such area for not less than one hundred eighty days in a calendar year.
(3) As a represent live of weighmen and a measurer, if he has ceased to be a weighmen or measurer or if his licence has been cancelled or suspended or not renewed.
(4) A person shall be disqualified for being a member of the marketing committee as a representative of any institution, if he or a firm of which he is a partner or body cooperate (other than the cooperative societies) in which he is a Director, or a joint family of which he is a member does business as a trader, commission agent, weighman or measurer.
### 13. Appointment of returning officer.
- For every constituency for every election to fill seat or seats in the marketing committees, the Director shall designate or nominate a returning officer who shall be an officer of the government.
Provided that nothing in this rule shall prevent the Director from designating or nominating the same person to be returning officer for more than one constituency.
### 14. Appointment of presiding officers for polling stations.
- The returning officer shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for a candidate in or about the election.
Provided that if a polling officer is absent from the polling station, the presiding officer may appoint any person, who is present at the polling station to be the polling officer during the absence of the former officer an inform the returning officer, accordingly.
Provided further that nothing in this rule shall prevent the returning officer from appointing the same person to be the presiding officer for more than one poling station in the same premises.
### 15. General duties of the presiding officer.
- It shall be the general duty of the presiding officer at a polling station to keep order there and to see that the poll is fairly conducted.
### 16. Duties of a polling officer.
- It shall be the duty of the polling officer at a polling station to assist the presiding officer for such station in the performance of his functions.
### 17. Election agents.
- A candidate at an election may appoint in Form '2' any one person other than himself to be his election agent and when any such appointment is made, notice of the appointment shall be given by forwarding the same in duplicate to the returning officer who shall return one copy thereof to the election agent after affixing thereon his seal and signature in token of his approval of the appointment.
### 18. Disqualification for being an election agent.
- Any person, who is for the time being disqualified under these rules for being a member of the committee or for voting at election shall, so long as the disqualification subsists, also be disqualified for being an election agent at any election.
### 19. Function of election agents.
- An election agent may perform such functions in connection with the election as are authorized by the candidate to be performed by an election agent and as provided in these rules.
### 20. Appointment of polling agents.
(1) A contesting candidate or his election agent may appoint one agent and to relief agents to act as polling agents of such candidate at each polling station.
(2) Every such appointment shall be made in Form '3' and shall be made over to the polling agent for production at the polling station.
### 21. Appointment of counting agents.
(1) A contesting candidate or his election agent may appoint one counting agent at each polling station and not more than two persons as his counting agents with the returning officer in Form '4' in duplicate, one copy of each shall be forwarded to the returning officer, while the other copy shall be made over to the counting agent for production before the presiding officer not later than one hour before the time fixed for counting under Rule 50 (1).
(2) A person acting as a polling agent for a candidate at a polling station can also be appointed as counting agent at that polling station by the same candidate or his election agent.
### 22. Order for election of marketing committee.
(1) Election shall be held for the purpose of constituting a new marketing committee on the expiration of the duration of the marketing committee or the superseded marketing committee.
(2) For the said purpose, the Director shall by an order call upon all the constituencies in the market area to elect members in accordance with the provisions of these rules before the date specified by him in the order.
### 23. Appointment of dates for nomination etc.
(1) As soon as the order calling upon a constituency to elect a member or members is issued, the Director shall, by notification in the official Gazette, appoint:
(a) the last date for making nominations, which shall be the seventh day after the date of issue of the said order or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(b) the date for the scrutiny of nominations, which shall be the day immediately following the last date for making nomination or if that day is a public holiday, the next succeeding day which is not a public holiday;
(c) the last day for withdrawal of candidatures which shall be the second day after the date for scrutiny on nominations or if that day is a public holiday, the next succeeding day which is not a public holiday;
(d) the date or dates and time and hour during which a poll shall, if necessary, be taken which shall be a date not earlier than the twentieth day after the last date for the withdrawal of candidature and the hours of poll;
(e) the date before which the election shall be completed.
(2) The director shall, not less than thirty five days before the date fixed for the poll, publish in Hindi the dates so appointed by means of notice in newspaper circulated in the market area and put copies of such notice on the notice board of the marketing committee.
### 24. Nomination of candidate.
(1) Any person may be nominated as a candidate for election to fill a seat, if he is qualified to be chosen to fill seat under the provisions of these rules.
(2) Every nomination paper presented under rule 25 shall be completed in Form '5'.
(3) A nomination paper shall be supplied by the returning officer or an officer authorized by him, in this behalf to an elector on demand.
### 25. Presentation of nomination paper and requirements for valid nomination.
(1) On or before the date specified under clause (a) of sub-rule (1) of rule 23 each candidate either in person or by his proposer, shall deliver between the hours of 11.00 AM and 3.00 PM to the returning officer during the period and at the place specified in the order made under rule 23, a nomination paper completed as provided by rule 24 and signed by the candidate and by an elector of the constituency as proposer.
(2) Any person who is not subject to any disqualification as an elector under these rules and whose name is entered in the list of electors for the constituency for which the candidate is nominated, may subscribe as proposer, but shall not subscribe as proposer for more than one candidate.
(3) On the presentation of a nomination paper, the returning officer shall satisfy himself that the names and numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the list of electors:
Provided that the returning officer shall permit any clerical and technical error in nomination paper in regard to the said names or numbers to be corrected in order to bring them into conformity with the corresponding entries in the list of electors and where necessary any clerical or printing error in the said entries shall be overlooked.
(4) A nomination paper received after the date and the time specified under sub-rule (1) of rule 23 and sub-rule (1) of rule 25 respectively shall be rejected.
(5) Where the candidate is an elector of a different constituency, a certified copy of the relevant entries in such list of electors shall, unless it has been filed along with a nomination paper, be produced before returning officer at the time of scrutiny.
(6) Nothing in this rule shall prevent a candidate from being nominated by more than one nomination paper for election in the same constituency subject to the maximum of four nomination papers.
### 26. Symbol of election.
(1) The Director shall by order, paste on the notice board of the marketing committee and specify the symbols that may be chosen by candidates at an election in any constituency and the restrictions to which their choice shall be subject.
(2) Where at any such election more nomination papers than one are delivered on behalf of a candidate the declarations as to symbols made in the nomination papers first delivered and no other declaration as to symbol shall be taken into consideration even if that nomination has been rejected.
### 27. Deposits.
- A candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited with the returning officer, a sum of rupees one hundred in cash at the time of nomination.
Provided that, here a candidate has been nominated by more than one nomination paper for election in the same constituency not more than one deposit shall be required of him under this rule.
### 28. Notice of nomination and time and place for the scrutiny.
- The returning officer shall on receiving the nomination paper under sub-rule (1) of rule 25 inform the person or persons delivering the same, of the day, time and place fixed for the scrutiny of nomination, and shall enter on the nominations paper its serial number and shall sign thereon a certificate stating the date on which and the hours at which the nomination paper has been delivered to him and shall as soon as may be thereafter cause to be fixed in some conspicuous place in his office a notice of the nomination in Form '6' containing descriptions similar to those contained in the nomination paper both of the candidate and of the proposer.
### 29. Scrutiny of nominations.
(1) On the date specified for the scrutiny of nominations under rule 23 (b) the candidates, one proposer of each candidate and one other person duly authorized, in writing, by each candidate may attend tat the time and place specified in this behalf, under rule 28 and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered as required by sub-rule (1) of rule 25.
(2) The returning officer shall then examine the nomination papers and shall decide all objections which maybe made to any nomination, and may, either on such objection or on his own motion, after such summary enquiry if any, as he thinks necessary, reject any nomination on any of the following grounds:
(a) that the candidate is disqualified for being chosen to fill the seat under these rules;
(b) that the proposer is disqualified from subscribing a nomination paper under these rules;
(c) that there has been a failure to comply with any of the provision of rule 25 or 27;
(d) that the signature of the candidate or the proposer on the nomination paper is not genuine.
(3) Nothing contained in clause (c) or (d) of sub-rule (2) shall be deemed to authorize the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.
(4) The returning officer shall not reject any nomination paper on the ground of any defect which is not of a substantial nature.
(5) The returning officer shall hold the scrutiny on the date specified, in this behalf, under rule 28 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or any causes beyond his control;
Provided that in case objection is raised before the returning officer by any person at any time of scrutiny, the candidate concerned may be allowed time to rebut it not later than the next day, and the returning officer shall record his decision on the date to which the proceedings has been adjourned.
(6) The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record, in writing, a brief statement of his reasons for such rejection.
(7) For purposes of this rule, the production of a certified copy of any entry made in the list of electors of the relevant constituency by a candidate/proposer shall be conclusive evidence of the right of any elector named in that entry to stand for elector unless it is proved that the candidate is otherwise disqualified.
(8) Immediately, after all the nomination papers have been scrutinized and decision accepting or rejecting the same have been recorded, the returning officer shall, subject to the provisions of rule 31 prepare a list of validly nominated candidates whose nomination have been found valid in Form '7' and cause it to be affixed on the notice board and shall also record the date on which, and the time at which, the list was so affixed.
### 30. Withdrawal of candidature.
(1) Any candidate may withdraw his candidature by notice in Form '8' subscribed by him and delivered to the returning officer.
(2) The notice shall be delivered to the returning officer before 3 o'clock in the afternoon on the last day fixed for withdrawal of candidature.
(3) The notice may be delivered either by the candidate in person or by his proposer who has been authorized, in this behalf, in writing by the candidate.
(4) No person who has given a notice of withdrawal of his candidature under sub-rule (1) shall be allowed to cancel the notice.
(5) The returning officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-rule (1) cause notice to be affixed on the notice board, in his office in Form '9'.
### 31. Preparation of list of contesting candidate.
(1) Immediately after expiry of the period within which candidatures may be withdrawn under sub-rule (1) of rule 30, the returning officer shall prepare and publish in Form '10' a list of contesting candidate, that is to say candidates whose nomination papers have been finally accepted and who have not withdrawn their candidature within the specified period.
(2) The said list shall, subject to the provisions of sub-rule (1) contain the names addresses of the contesting candidates in Hindi as given in the nomination papers and the symbol allotted to each one of them. The names shall be arranged in the said list in the order of the receipt of the nomination papers.
(3) Where a poll becomes necessary, the returning officer shall consider the choice of symbols expressed by the contesting candidates in their nomination papers and subject to any general or special directions issued in this behalf by the Director:
(a) allot different symbols to each contesting candidate as far as practicable, of his choice; and
(b) if more contesting candidates than one have indicated their preference for the same symbol, decide by lot to which candidates the symbol will be allotted.
(4) The allotment by the returning officer of any symbol to a candidate shall be final.
(5) Every candidate shall forthwith be informed of the symbol allotted to him and be supplied with a specimen thereof by the returning officer.
### 32. List of contesting candidate to be fixed on notice board.
- The returning officer shall, immediately after its preparation, cause a copy of the list of candidates to be affixed on the notice board in his office and shall also supply a copy to each of the contesting candidates and to the marketing committee and the Director the same day.
### 33. Death of candidate before poll.
- If a contesting candidate dies and a report of his death is received by the returning officer before the commencement of the poll, the returning officer shall, upon being satisfied of the fact of the death, countermand the poll and the returning officer shall report the fact to the Director and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election:
Provided that :
(a) no further nomination shall be necessary in the case of a person who was contesting candidate at the time of the countermanding of the poll; and
(b) no person, who has given a notice of withdrawal of his candidature under sub-rule (1) of rule 30 before the countermanding of the poll, shall be ineligible for being nominated as a candidate for the election after such countermanding.
### 34. Uncontested election.
- In any constituency, if there is only one candidate whose nomination has been accepted, the returning officer shall forthwith declare him or them to be duly elected to fill in the seat or seats as the case may be.
### 35. Contested elections.
- In cases other than those covered by rule 34, a poll shall be taken.
### 36. Manner of voting at election.
(1) At every election, where a poll is to be taken votes shall be given by ballot in the manner hereinafter provided and no votes shall be received by proxy.
(2) Every elector for a traders' constituency shall have as many votes as there are members to be elected in the constituency but he shall not have more than one vote per candidate. Every elector in weighman and measurer constituencies shall have only one vote.
### 37. Ballot box.
- Every ballot box shall be of such design as maybe approved by the Director.
### 38. Form of ballot paper.
(1) Every ballot paper shall be in Form '11'.
(2) The names of the candidates shall be arranged on the ballot paper in the same order and in the same language in which they appear in the list of contesting candidates.
(3) If two or more candidates bear the same name, they shall be distinguished by the addition of the occupation or residence or in some other manner as maybe decided upon by the returning officer.
### 39. Supply of material to the polling station.
- The returning officer shall provide for each polling station necessary number of ballot boxes, sufficient number of ballot paper, three copies of the list of electors, a list of contesting candidates and such other papers, stationery and forms as may be necessary.
### 40. Identification of voters.
(1) As each elector enters the polling station, the presiding officer or the polling officer authorized by him in this behalf shall check the electors name and other particulars with the relevant entry in the list of electors and then call out the serial number, name and other particulars of the elector.
(2) In deciding the right of a person to obtain a ballot paper the presiding officer or the polling officer shall overlook merely clerical or printing errors in an entry in the list of electors, if he is satisfied that such person is identical with the elector to whom such entry relates.
### 41. Challenging of identity.
(1) Any polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of twenty five rupees in cash with the presiding officer. For each such challenge the presiding officer shall issue a receipt thereof to the challenger.
(2) on such deposit being made the presiding officer shall:-
(a) warn the person challenged of the penalty for personation;
(b) read the relevant entry in the electors list in full and ask him whether he is the person referred to in that entry;
(c) enter his name and address in the list of challenged votes in Form '12';
(d) require him to affix his signature in the said list.
(3) The presiding officer shall thereafter hold a summary enquiry into the challenge and may for that purpose:-
(a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity;
(b) put to the person challenged any question or questions necessary for the purpose of establishing his identity and require him to answer them on oath; and
(c) administer and oath to the person challenged and any other person offering to give evidence.
(4) If, after the enquiry the presiding officer considers that the challenge has not been established, he shall allow the person challenged to vote, and if he considers that the challenge has been established he shall debar the person challenged from voting.
(5) If the presiding officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to the marketing committee concerned and in any other case, he shall return it to the challenger at the conclusion of the enquiry.
### 42. Issue of ballot paper.
(1) No ballot paper shall be issued to any elector before the hour fixed for the commencement of the poll.
(2) No ballot paper shall be issued to any elector after the hour fixed for the closing of the poll except those who are present inside the polling station at the time of the closing of the poll. Such electors shall be allowed to record their votes even after the poll closes.
(3) As soon as the identity of the elector is established, his left hand forefinger shall be marked with indelible ink on the root of the nail or if the left hand is missing, on the forefinger of the right hand and if such mark already exists, the elector shall not be allowed to vote.
(4) Every ballot paper shall, before issue to an elector, be stamped on the top-right corner with distinguishing mark as the Director may direct.
(5) The presiding officer shall sign on the reverse of all the ballot papers to be issued to electors at the polling stations. At the time of issuing a ballot paper to an elector the polling officer concerned shall record the serial number thereof against the entry relating to the elector in the copy of the list of electors set apart for the purpose.
(6) Save as provided in sub-rule (5) no person in the polling station shall note down the serial number of the ballot paper issued to a particular elector.
### 43. Voting procedure.
(1) The elector on receiving the ballot paper shall forthwith:-
(a) proceed to the polling compartments;
(b) there mark on the ballot paper with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intends to vote;
(c) fold the ballot paper so as to conceal his vote;
(d) if required, show the presiding officer the distinguishing mark on the ballot paper;
(e) insert the folded ballot paper into the ballot box; and
(f) quit the polling station.
(2) Every elector shall vote without undue delay.
(3) No elector shall be allowed to enter a polling compartment when another elector is inside it.
### 44. Recording of vote by blind or infirm voter.
(1) If owing to blindness or other physical infirmity an elector is unable to recognize the symbols on the ballot paper or to make a mark thereon, the presiding officer shall record the vote on the ballot paper in accordance with the wishes of the elector, fold it so as to conceal the vote and insert it into the ballot box.
(2) While acting under this rule, the presiding officer shall observe as much secrecy as is feasible. He shall keep a brief record of each such instance in Form '13', but shall not indicate therein the manner in which any vote has been given.
### 45. Tendered votes.
(1) If a person representing himself to be an elector asks for a ballot paper after another person has already voted as such elector, he shall on satisfactorily answering questions relating to his identity as the presiding officer may ask, be entitled, subject to the following provisions, to cast a ballot (hereinafter referred to as a "tendered ballot paper" in the same manner as any other elector.
(2) Every such person shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to him in the tendered votes list in Form '14'.
(3) A tendered ballot paper shall be the same as the other ballot papers used at the polling station except that it shall be:
(a) of the last serial in the bundles of ballot paper issued for use at the polling station; and
(b) endorsed on the back with the words "tendered ballot paper" by the presiding officer in his hand and signed by him and affixed with a distinguishing mark.
(4) The elector, after making a tendered ballot paper in the polling compartment and folding it, shall instead of putting it into the ballot box give it to the presiding officer, who shall place it in a cover specially kept for the purpose.
### 46. Closing of poll.
(1) The presiding officer shall close a polling station at the hour fixed on that behalf under rule 23 (1)(d) and shall not thereafter admit any elector into the poling station,
Provided that, all electors present inside the polling station before it was closed shall be allowed to cast their vote.
(2) If any question arises whether an elector was present at the polling station before it was closed it shall be decided by the presiding officer and his decision shall be final.
### 47. Adjournment of poll in emergencies.
(1) If, at election the preceedings at any poling station are interrupted or obstructed by an riot or open violence, or if at an election it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause, the presiding officer for such polling station or the returning officer shall inform the candidates or their agents in writing about the station and announce adjournment of the poll to a date to be notified later, and where the poll is adjourned by a presiding officer, he shall forthwith inform the returning officer concerned.
(2) where a poll is adjourned under sub-rule (1) the returning officer, shall immediately report in writing the circumstances to the Director and the candidates concerned and shall as soon as may be, appoint the date on which the poll shall recommence and fix the polling station at which and the hour during which poll will be taken and shall not count the votes cast at such election until such adjournment poll shall have been completed.
(3) In every such case as aforesaid, the returning officer in such manner as he may deem fit shall notify the date, place and hours of polling fixed under sub-rule (2).
### 48. Procedure on adjournment of poll.
(1) If the poll at any polling station is adjourned under rule 47 provisions of rule 52 to 54 shall as for as practicable apply as if the poll as closed at the hour fixed in that behalf under rule 23 (1)(d).
(2) When an adjournment poll is recommended under sub-rule (2) of rule 47 the voters who have already voted at the poll so adjourned shall not be allowed to vote again.
(3) The returning officer shall provide the presiding officer at the polling station at which such adjournment poll is held, with the sealed packet containing the marked copy of the list of the electors and a new ballot box.
(4) The presiding officer shall open the sealed packet in the presence of the polling agents and use the marked copy of the list of electors for recording the serial number of the ballot papers to voters at the adjourned poll.
(5) The provisions of the Act and these rules shall apply to every such recommended poll as they apply to the original poll.
### 49. Fresh poll in case of destruction, etc. of ballot boxes.
(1) If at any election:-
(a) any ballot box used at a polling station unless fully taken out of the custody of the presiding officer is accidentally destroyed or lost, or is damaged or tampered with to such an extent, that the result of the poll at that polling station cannot be ascertained;
(b) any such error or irregularity as is likely to vitiate the poll is committed at the polling station, the presiding officer shall forthwith report the matter to the returning officer.
(2) The returning officer thereupon shall after taking all material circumstances into account, either:-
(a) declare the poll at that polling station to be void, appoint a day, fix the hours for taking a fresh poll at that polling station and notify the day so appointed and the hours so fixed in such manner as may deem fit, or
(b) if satisfied that the result of a fresh poll at that polling station will not, in any way affect the result of the election or the error or irregularity in procedure is not material, issue such directions to the presiding officer under intimation to the candidates or their agents as he may deem proper for the further conducting and completion of the election.
(3) The provisions of the Act and these rules shall apply to every such fresh poll as they to the original poll.
Part II – Counting of Votes
-----------------------------
### 50. Scrutiny and rejection of ballot papers.
(1) The counting of votes will be taken up soon after the poll is over at the respective polling stations.
(2) The ballot box or boxes used at the polling station shall be shown by the presiding officer to such of the polling agents as are present at that time, that the seals and boxes are intact.
(3) Thereafter, the boxes shall be opened and the ballot papers taken out of such ballot box shall be arranged in convenient bundles and scrutinised.
(4) The presiding officer shall reject a ballot paper:-
(a) if it bears any mark or writing by which the voter can be identified; or
(b) if no vote is record thereon; or
(c) if votes are given on it in favour of more candidates than there are vacancies to be filled in; or
(d) if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given; or
(e) it is spurious ballot paper; or
(f) it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or
(g) it bears a serial number or is of a design, different from the serial number, or design of the ballot papers authorized for use at the polling station; or
(h) it does not bear the mark which it should have borne under the provisions of sub-rule (4) of rule 42.
Provided that :-
(i) where a presiding officer is satisfied that any such defect as is mentioned in clause (g) or (h) has been caused by any mistake or failure on the part of the polling officer the ballot paper shall not be rejected merely on the ground of such defect;
(ii) a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.
(5) Before rejecting any ballot paper under sub-rule (4) the presiding officer shall allow such counting agent present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot paper.
(6) The presiding officer shall record on every ball paper which he rejected the letter "R" and the grounds of rejection in abbreviated form either in his own hand or means of a rubber stamp.
(7) All ballot paper rejected under this rule shall be bundled together.
### 51. Counting of votes.
(1) Every ballot paper which is not rejected under rule 50 shall be counted as one valid vote for all such candidates as there are marks subject to the number of vacancies.
Provided that no cover containing tendered ballot shall be opened and no such paper shall be counted.
(2) After the counting of ballot papers contained in all the ballot boxes used at a polling station has been completed the presiding officer shall make the entries in a result sheet in Form '16' and announce the particulars.
(3) The valid ballot papers thereafter shall be bundled together and kept along with the bundle of rejected papers in the separate packet which shall be sealed and on which shall be recorded the following particulars namely:-
(a) the name of the constituency;
(b) the particulars of the polling station where the ballot papers have been used; and
(c) the date of counting.
### 52. Account of ballot papers.
- The presiding officer shall, at the close of the poll, prepare a ballot paper account in Form '15' and enclose it in a separate cover with the words "Ballot Paper Account" superscribed thereon.
### 53. Sealing of other packets.
(1) The presiding officer shall then make into separate packets:-
(a) marked copy of the list of electors;
(b) unused ballot papers;
(c) used ballot papers;
(d) cancelled ballot papers;
(e) cover containing the tendered ballot papers and the list of tendered ballot papers;
(f) list of challenged voters; and
(g) keys and locks used on the ballot boxes;
(h) receipt book for challenged votes;
(i) cash received on account of challenged votes (to be handed over to returning officer);
(j) spoilt ballot papers;
(k) ballot papers returned by electors without use.
(2) Each such packet shall be sealed with the seals of the presiding officer and of those candidates or their agents, if any present, who may desire to affix their seals thereon.
### 54. Transmission of board boxes, packets etc.
(1) The presiding officer shall then deliver or cause to be delivered to the retuning officer at such place as the returning officer may direct :-
(a) the ballot paper account;
(b) the sealed packets referred to in rule 53; and
(c) all other papers used at the poll.
(2) The returning officer shall make adequate arrangements for the safe transport of all packets and other papers for their safe custody till they are deposited with the Director.
(3) The returning officer after receiving the result in Form '16' in respect of all the polling stations of the constituency under his charge, shall compile the result and declare the candidate securing the majority of votes as elected. He shall also prepare a return of election in Form '17' and send copies thereof to the Director.
### 55. Counting to be continuous.
- The presiding officer shall, as far as practicable provide continuously with the counting of votes and shall, during any intervals when the counting has to be suspended, let the ballot papers, packets and other papers relating to the election sealed with his on seal and the seals of such candidates or their agents as any desire to affix their seals and shall cause adequate precautions to be taken for their safe custody.
### 56. Re-commencing of counting after fresh poll.
(1) If a fresh poll is held under rule 49 the presiding officer shall after completing of that poll commence the counting of votes immediately.
(2) The provisions of rules 51 and 55 shall apply so far as may be to such further counting.
### 57. Recount of votes.
(1) After the completion of the counting the returning officer shall record in the result sheet in Form '16' the Total number of votes polled by each candidate and announce the same.
(2) After such announcement has been made a candidate or, in his absence his election agent may apply in writing to the retuning officer for recount of all or any ballot papers already counted stating the grounds on which he demands such recount.
(3) On such an application being made the returning officer shall decided that matter and allow the application in whole or in part or any reject it in total, if it appears to him to be frivolous or unreasonable.
(4) Every decision of the returning officer under sub-rule (3) shall be in writing and contain the reasons therefore.
(5) If the returning officer declares under sub-rule (3) to allow the application either in whole or in part, he shall:-
(a) count the ballot papers again in accordance with his decision;
(b) amend the result sheet in Form '16' to the extent necessary after such recount; and
(c) announce the amendments so made by him.
(6) After the total number of votes polled by each candidate has been announced under sub-rule (1) or sub-rule (5), the returning officer shall complete and sign the result sheet in Form '16' and no application for a recount shall be entertained therefore.
Provided that no step under this sub-rule shall be taken on the completion in the counting until the candidates and their agents present at the completion thereof have been given a reasonable opportunity to exercise the right referred by sub-rule (2) .
### 58. Power to declare persons elected in certain contingencies.
- If at any election after counting of votes is completed an equality of votes is found to exist between any candidates and addition of one vote entitle any of these candidate to be declared elected the returning officer shall draw lot of one vote and decide between those candidate on whom the lot falls to have received an additional vote.
### 59. Declaration of result.
- The returning officer shall then, subject to the provisions of rule 5 if an so far they apply to the particular case, and if he has been so empowered by the Director declare to be elected the candidate to whom the highest number of valid votes have been given, complete and certify the return of election in Form '17' and send signed copies thereof to the Director as soon as possible.
### 60. Publication of names of members.
(1) On receipt of election return under rule 59 the Director shall publish the name of all elected members by causing a list of such names (together with their permanent address and the name of the constituencies from which they are elected) to be pasted on the notice board or at any prominent place in the office. He shall also get the same list published in the official Gazette.
(2) The Director shall also publish the names of members falling under clauses (a), (c) of section 27 and clauses (a), (c), (d), (f) and (g) of sub-section 1 of section 36 by causing a list of such names (together with their permanent addresses) to be pasted on the notice board or at any prominent place in his office.
### 61. Return or forfeiture of candidate's deposit.
(1) The deposit made under rule 27, shall either be returned to the person making it or his legal representative or be forfeited to the marketing committee in accordance with the provisions of this rule.
(2) Except in cases hereafter mentioned in this rule, deposit shall be returned as soon as practicable after the result of the election is declared.
(3) If the candidate is not shown in the list of contesting candidates, or if he dies before the commencement of the, the poll deposit shall be returned as soon as practicable after the publication of the list, or after his death to his legal heir.
(4) Subject to the provisions of sub-rule (3), the deposit shall be forfeited if at an election where a poll has been taken the candidate is not elected and the number of valid votes polled by him does not exceed on tenth of the total number of valid votes polled by all the candidates in the constituency.
### 62. Production, inspection and disposal of election papers.
(1) While in the custody of the Director :-
(a) the packets of unused ballot papers;
(b) the packets of used ballot papers whether valid, tendered or rejected; and
(c) the packet of marked copies of the list of electors shall not be opened and their contents shall not be inspected by or produced before any person or authority except under the order of the Director or the Lt. Governor.
(2) All other papers relating to the election shall be open to public inspection.
(3) The packets referred to in sub-rule (1) shall be retained for a period of six months and shall thereafter be destroyed subject to any directions to the contrary given by the Director.
(4) All other papers relating to the election shall be retained until such time as is fixed by the Director, in this behalf, and shall thereafter be destroyed subject to any direction to the contrary given by the Director.
### 63. Casual vacancies in marketing committee.
- When the seat of a member elected to a marketing committee becomes vacant or is declared vacant or his election including bye-election to the marketing committee is set aside, the Director shall fix the date to fill the seat and the provisions of these rules shall thereupon mutatesmutandis apply accordingly.
### 64. Determination of election disputes.
(1) If the validity of any election including bye-election of a member of marketing committee is brought into question by a person qualified either to be elected or vote at the election to which such question refers such person may, within seven days after the date of the declaration of the result of the election file a petition in the form of the memorandum in writing to the Director along with a fee of five hundred rupees to be deposited in cash.
(2) On receipt of an application under sub-rule (1) the Director shall, after giving opportunity to the applicant to be heard and after making such enquiry as he deems pass an order confirming or amending the declared result of election or setting election aside. If the Director sets aside the election of that member he shall as early as possible arrange for holding a fresh election for the concerned constituency.
(3) Any person aggrieved by the decision of the Director may, within seven days from the date on which the decision is communicated to him, appeal to Lt. Governor against such decision, and the decision of the Lt. Governor on appeal shall be final.
### 65. Election papers to be forwarded to the Director.
(1) The returning officer shall in separate sealed packets forward to the Director all papers relating to election including:
(a) the ballot papers counted as valid;
(b) the ballot papers rejected as invalid;
(c) the unused ballot papers;
(d) the spoilt ballot papers;
(e) tendered ballot papers;
(f) ballot paper returned by the electors without use;
(g) list of tendered votes;
(h) account of ballot papers;
(i) list of challenged votes;
(j) the marked copy of the electoral roll;
(k) receipt book for challenged votes;
(l) result of election for each polling station in Form '16';
(m) result of each constituency in Form '16' (by returning officer; and
(n) return of election in Form '17'.
(2) Each packet shall bear a note as to its contents and name of constituency election.
### 66. Declaration of disqualification.
(1) If at any time, the Director, after such enquiry as he considers necessary after giving an opportunity to the members concerned to be heard is satisfied that member of a marketing committee elected under these rules or nominated under the :
(a) was subject to any of the disqualification mentioned in rule 12 on the date of election or nomination; or
(b) has incurred any of the disqualification mentioned in rule 12 after his election or nomination; or
(c) has ceased to be a member representing a co-operative marketing and processing society of which he is representative, the Director shall declare the nomination of such member invalid or such member shall cease to be member of the marketing committee.
(2) Any person aggrieved by the decision of the Director may within seven days from the date on which such decision is communicated to him, appeal to the Lt. Governor against such decision.
### 67. Expenditure in connection with incidental to elections.
- All expenditure incurred by the Director or returning officer in connection with incidental to an election of members of a marketing committee shall be defrayed in accordance with the provisions of section 42 of the Act by the Director.
### 68. Election of the representatives of institutions.
(1) The members of the local authorities within whose jurisdiction the market area is situated shall choose one representative to serve on the marketing committee from amongst members of the local authority as the case may be fore the date fixed by the Director in this behalf.
Provided that a person to whom a licence has been granted under section 80 of the Act shall not be eligible for being chosen under this clause.
(2) One members of the Legislative Assembly of Delhi shall be nominated by the Speaker to represent the interest of the consumers before the date fixed by the Director, in this behalf.
(3) The Board shall recommend a panel of six names to the Government for nomination of tow members as provided under sub-section (1)(g) of section 36 of the Act, before the date fixed by the Director, in this behalf.
(4) The representatives to be nominated under sub-section (1)(c),(d) and (f) of section 36 of the Act shall be elected before the date or dates fixed by the Director, in this behalf.
### 69. Inspection of election record and fees thereof.
- All the election records/papers except the following shall be open to inspection and copies thereof can be obtained on such fees as may be fixed by the Director:
(a) used ballot papers;
(b) unused ballot papers; and
(c) working copy of electoral roll used at the polling station.
### 70. Electoral offences promoting enmity among public in connection with election.
- Any person who in connection with an election under these rules promotes or attempts to promote on grounds of caste and community, feelings of enmity or hatred among electors of a market area shall be punishable with a fine which may extend to five hundred rupees.
### 71. Prohibition of public meeting on the day preceding the election day and on the election day.
(1) No person shall convene, hold or attend any public meeting in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for election in that poling area.
(2) Any person who contravenes the provisions of sub-rule (1) shall be punishable with fine which may extend to two hundred and fifty rupees.
### 72. Restriction on the printing of pamphlets, posters etc.
(1) No person shall print or publish, or cause to be printed or published, any election pamphlet - poster which does not bear on its face the names and address of the printer and the publisher thereof.
(2) For the purpose of this rule:-
(a) Any process for multiplying copies of a document, other than copying it by hand shall be deemed to be printing and the expression 'Printer' shall be construed accordingly and
(b) election pamphlet or poster means any printed pamphlet, hand bill or other document distributed for the purpose of promoting or prejudicing the election of candidate or group of candidates or any placard or poster having reference to an election but does not include any hand bill, placard or poster merely announcing the date, time place and other particulars of an election meeting or routine instructions to election agents or workers.
(3) Any person who contravenes provision of sub-rule (1) shall be punishable with fine which may extend to two hundred and fifty rupees.
### 73. Maintenance of secrecy of voting.
(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain the secrecy of voting and shall not (except for some purpose authorized by or under any law) communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-rule (1) shall be punishable with fine which may extend to two hundred and fifty rupees.
### 74. Officers etc., at election not Act for candidates or to influence voting.
(1) No person who is returning officer or a presiding or polling officer at a election or an officer or clerk appointed by the returning officer, or the presiding officer to perform any duty in connection with elections shall in the conduct of arrangement of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavour:
(a) To persuade any person to give his vote at an election; or
(b) To dissuade any person from giving his vote at an election; or
(c) To influence the voting of any person at an election in any manner.
(3) Any person who contravenes the provisions of sub-rule (1) or sub-rule (2) shall be punishable with fine which may extend to two hundred and fifty rupees.
### 75. Prohibition of canvassing in or near polling station.
(1) No person shall on the date or dates on which a poll is taken at any polling station commit any of the following acts within the polling station or in any public or private place within a distance of one hundred meter of the polling station namely:-
(a) canvassing for vote; or
(b) canvassing for vote on any elector; or
(c) soliciting any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the elections; or
(e) exhibiting any notice or sign (other than an official notice) relating to election.
(2) Any person who contravenes the provisions of sub-rule (1) shall be punishable with fine which may extend to two hundred and fifty rupees.
### 76. Penalty for disorderly conduct in or near polling station.
(1) No person shall, on the date or dates on which a poll is taken at any polling station:
(a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice such as megaphone or a loudspeaker;
(b) shout or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll or as to interfere with the work of the officers & other persons on duty at the polling station.
(2) Any person who contravenes, or willfully aids or abets the contravention, or the provisions of sub-rule (1) shall be punishable with fine which may extend to two hundred and fifty rupees.
(3) If the presiding officer of a polling station has reason to believe that any person in committing or has committed an offence punishable under this rule, he may direct any police officer to arrest such person and thereupon the police officer shall arrest him.
(4) Any police officer may take such steps and may use such force, as may be reasonably necessary for preventing and contravention of the provisions of sub-rule (1) and may seize any apparatus used for such contravention.
### 77. Penalty for misconduct at the polling station.
(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorized in this behalf by such presiding office.
(2) The powers conferred by sub-rule (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station for having an opportunity of voting at that station.
(3) If any person who has been removed from a polling station re-enters the polling station without permission of the presiding officer he shall be punishable with fine which may extend to two hundred and fifty rupees.
### 78. Penalty for failure to observe procedure for voting.
- If any elector to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting, the ballot paper issued to him shall be liable for cancellation. The person committing such act shall be punishable with fine which may extend to two hundred and fifty rupees.
### 79. Breaches of official duty in connection election.
(1) If any person to whom this rule applies is without reasonable cause guilty of any act or omission in breach of his official duty he shall be punishable with fine which may extend to two hundred rupees.
(2) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this rule applies are the returning officer, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures or the recording or counting of votes at an election and the expression "official duty" shall for the purpose of this rule be construed accordingly but shall not include duties imposed otherwise than by or under these rules.
### 80. Penalty for government servants for acting as election agent, polling agent or counting agent.
- If any person in the service of the Government acts as an election agent or a polling agent or counting agent of a candidate at an election he shall be punishable with fine which may extend to two hundred and fifty rupees.
### 81. Removal of ballot papers from polling to be an offence.
(1) Any person who at any election fraudulently takes or attempts to take, ballot papers, out of a polling station or willfully aids or abets the doing of any such acts shall be punishable with fine which may extend to two hundred and fifty rupees.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-rule (1) such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer.
Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to do so.
(3) Any ballot paper found upon the person arrested in search shall be made over for safe custody to a police officer by the presiding officer, or when search is made by a police officer, shall be kept by such officer in safe custody.
### 82. Offences and penalties thereof.
(1) A person shall be guilty of a electoral offence if at any election, he:
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other documents affixed by or under authority of a returning officer; or
(c) fraudulently defaces or fraudulently destroys any paper or the official work or any ballot paper or any declaration of identity or official envelops used in connection with voting by postal ballot; or
(d) without due authority supplies any ballot paper to any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorized by law to put in; or
(f) without the authority destroys, takes, opens or otherwise interferes with any ballot box or ballot paper other than in use for the purpose of election; or
(g) fraudulently or without the authority as the case may be attempts to do any of the foregoing acts or willfully abets the doing of any such acts.
(2) Any person guilty of an electoral offence under this rule shall be punished with a fine upto two hundred and fifty rupees.
(3) For the purpose of this rule, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election in doing the counting of votes or to be responsible at an election for the used ballot papers and other documents in connection with such election, but the expression, 'official duty' shall not include any duty imposed otherwise than by or under these rules.
### 83. Repeal.
- The Delhi Agricultural Produce Marketing (Election) Rules, 1978 is hereby repealed.
Form 1
[(See Rule 4 (2) (b)]
Notice of Publication of Draft Electors' List
The electors of the ............... Delhi ............... constituency.
Notice is hereby given that the electors' list has been prepared in accordance with the Delhi Agricultural Produce Marketing (Election) Rules, 2000 and a copy thereof is available for inspection at my office, and at ...............during office hours.
If there be any claim for the inclusion of a name in the electors' list or any objection to the inclusion of a name or any objection to particulars in any entry it should be lodged on or before the ............... 20 ............... in Form 2,3 or 4 as may be appropriate.
Every such claim or objection should either be presented in my office or sent by post to the address given below so as to reach me not later than the aforesaid date.
Electoral Registration Officer
(Address) ...............
...............
Place ..............
Date ...............
Form 2
(See Rule 17)
Appointment of Election Agent
Election on the.........from.........Constituency.
To
The Returning Officer,
I,.........of.........a candidate at the above election do hereby appoint.........of.........as my election agent from this day at the above election..........
..................
Signature of Candidate
Place.........
Date.........
I accept the above appointment
Form 3
[See Rule 20 (2) ]
Appointment of Polling Agent
Election to the Agricultural Produce Marketing Committee from.........
Constituency.
I,.........a candidate/the election agent of.........who is a candidate at the above election do hereby appoint.........of as a polling agent to attend polling station No..........at/place fixed for the polling.........at
Place.........
Date.........
..................
Signature of candidate/election agent
I agree to act as such polling agent.
Place.........
Date.........
Signature of Polling Agent
(Declaration of Polling Agent to be Signed Before Presiding Officer)
I hereby declare that at the above election, I will maintain and aid in maintaining the secrecy of the voting and shall not communicate to any person any information calculated to violate such secrecy.
| | |
| --- | --- |
|
Date.........
|
|
|
Signed before me
|
Signature of Polling Agent
|
|
Date.........
|
....................
|
|
|
Presiding Officer
|
Form 4
[See Rule 21]
Appointment of Counting Agents
To
The Returning Officer,
I,.........a candidate/the election agent of.........who is a candidate at the above election, do hereby appoint the following persons as my counting agents to attend the counting of votes at......... (place) .
| | |
| --- | --- |
|
Name of the Counting Agents
|
Address of the Counting Agents
|
|
1.
|
|
|
2.
|
|
Signature of candidate/election agent
We agree to act as such counting agents.
### 1. ###
2.
Place ..............
Date ..............
| | |
| --- | --- |
|
|
Signature of Counting Agents
|
|
|
1.2.3.
|
Declaration of Counting Agents
(To be signed before the Returning Officer)
We hereby declare that at the above election we shall maintain and aid in maintaining the secrecy of the counting of votes and will not communicate to any person any information calculated to violate such secrecy.
Signature of Counting Agents
Date.........
Signed before me
Date.........
Returning Officer
Form 5
[See Rule 24 (2) ]
Nomination Paper
Election to the.........Agricultural Produce Marketing Committee
(To be filled by the proposer)
I hereby nominate.........as a candidate for election from the .........Traders and Commission Agents/Weighmen and Measurers Constituency.
Name of Constituency:
Name of Candidate:
Father's/Husband's name:
Age:
Full postal address of the Candidate:
The name of the Constituency in which the name of the candidate is entered as an elector in the electors' list:
Serial number of the candidate in the electors' list of constituency aforementioned in which his name is entered as an elector :
Name of proposer:
Serial number of the Proposer in the electors' list of the Constituency :
..................
Signature of the Proposer
Declaration of Candidate
I, the above-mentioned candidate assent to this nomination.
..................
Signature of candidate
Declaration as to Choice of Symbol
I do hereby declare that the symbols which I have chosen for my election are shown below in the order of my preference :-
### 1. ###
2.
### 3. ..................
Signature of candidate
Serial No. of nomination paper.........
This nomination was delivered to me at my office at.........(hour) on.........(date) by the candidate/proposer of the candidate.
..................
Signature of Returning Officer
Date.........
Decision of Returning Officer accepting or rejecting the Nomination paper
I have examined this nomination paper in accordance with Rule 25 of the Delhi Agricultural Produce Marketing (Election) Rules, 2000, and decide as follows:
Date.........
..................
Signature of Returning Officer
Receipt for Nomination Paper and Notice of Scrutiny
(To be handed over to the person presenting the nomination paper)
Serial No. of Nomination Paper.........
The nomination paper of.........a candidate, for election from the .........constituency of.........the .........Agricultural Produce Marketing Committee was delivered to me at my office at......... (hour) on .........(date) by the [candidate/proposer]
[Strikeout whichever is not applicable.]
of the candidate.
All nomination papers will be taken up for scrutiny at......... (hour) on......... (date) at......... (place).
..................
Signature of Returning Officer
Date.........
Form 6
(See Rule 28)
Notice of Nomination
List of nominations received for [Traders/Weighmen]
[Strikeout whichever is not applicable.]
and measurers.
Constituency of Agricultural Produce Marketing Committee.........
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Sl.No.
|
Name of Candidate
|
Name of Father/Husband
|
Serial No. in electros' list
|
Address
|
Name of Proposer
|
Serial no. in Electors' list
|
|
|
|
|
|
|
|
|
Note: The nomination papers shall be taken up for scrutiny at.........AM/PM the .........day of......... 20......... at......... (place) .
..................
Signature of Returning Officer
Place.........
Date.........
Form 7
[See Rule 29(8) ]
Election to the Agricultural Produce Marketing Committee......... from Constituency.........
List of validly nominated candidates
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl.No.
|
Name of the Candidate
|
Father's/Husband's name
|
Address
|
Choice of symbol in order of preference
|
|
1.2.3.4.5.6.
|
|
|
|
|
..................
Returning Officer
Place.........
Date.........
Form 8
[See Rule 30(1) ]
Notice of Withdrawal
Election to the Agricultural Produce Marketing Committee......... from Constituency....................
To
The Returning Officer,
I,.........a candidate nominated at the above election do hereby give notice that I withdraw my candidature.
................
Signature of candidate
Place ..............
Date ...............
This notice as delivered to me at my office at.........(hour) on......... (date) by.........(Name), the..............
Date..........
..............
Returning Officer
Receipt for Notice of Withdrawal
(To be handed over to the person delivering the notice)
The notice of withdrawal of candidature by Date..........a candidate at the election to the..........was delivered to me by the.......... At my office........... (hour) on........... (date)
.................
Returning Officer
Form 9
[See Rule 30 (5) ]
List of Withdrawal of Candidatures
[Election to the Agricultural Produce Marketing Committee]
[Appropriate particulars of the election to be inserted here.]
..........from Constituency ..........
Notice is hereby given that the following [candidate]
[Strike off the inappropriate alternative.]
/candidates at the above election withdraw his candidature/their candidature today.
| | | | |
| --- | --- | --- | --- |
|
Sl.No.
|
Name of Candidate
|
Address of candidate
|
Remarks
|
|
1.
|
|
|
|
|
2.
|
|
|
|
|
3.
|
|
|
|
|
etc.
|
|
|
|
....................
Returning Officer
Date..........
Form 10
[See Rule 31(1) ]
List of Contesting Candidates
Election to the........Agricultural Produce Marketing Committee from......... [Traders]
[Strike out whichever is not applicable.]
/Weighmen & Measurers.
| | | | |
| --- | --- | --- | --- |
|
Sl.No.
|
Name of Candidate
|
Address of candidate
|
Symbol allotted to the candidate
|
|
1.
|
|
|
|
|
2.
|
|
|
|
|
3.
|
|
|
|
|
etc.
|
|
|
|
....................
Signature of Returning Officer
Place ..............
Date ...............
Form 11
(See Rule 38)
Election to........... Agricultural Produce Marketing Committee, Delhi, 20.......... from
Constituency
Traders
Weighmen and Measurers
Serial No. of Elector ...................................
Form 12
[See Rule 41 (2) (c)]
List of Challenged Votes
Election to the.......... Agricultural Produce Marketing Committee from the..................... Constituency.
No. and Name of Polling Station...................
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No. of entry in electors list
|
Sl.No. of part of electors list
|
Elector's name in that part
|
Signature or thumb impression of the person
|
Address of the person challenged
|
Name of identifier, if any
|
Name & address of Challenger
|
Order of Presiding Officer
|
Signature of Challenger
|
|
|
Signature of the Presiding Officer
Place ..............
Date ..............
Form 13
[See Rule 44 (2) ]
List of Blind and Infirm Voters
Election to the.......... from the Traders and Commission Agents/Weighmen and Measurers Constituencies.
No. & Name of the Polling Station/Name or Place of Poll .............................
| | | |
| --- | --- | --- |
|
Part No. & Serial No. of elector
|
Full name of Elector
|
Signature or Thumb impression of elector
|
|
|
|
|
Signature of Presiding Officer
Date ...................
Form 14
[See Rule 45 (2) ]
Tendered Vote List
Election to the.......... Agricultural Produce Markets Committee.......... Constituency.
Polling station..........
No. of Polling Station if any .........
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Sl.No. of the entry
|
Name of the elector
|
Sl.No. of the elector in the electors list
|
Address of the elector
|
Sl.No. of tendered ballot
|
Sl.No. of ballot paper issued
|
Signature or thumb impression of the elector
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
Signature of the Presiding Officer
Date..........
Form 15
[See Rule 52]
Ballot Paper Account
Election to the.................... Agricultural Produce Marketing Committee from.......... Constituency.
No. & Name of Polling Station....................
| | | | |
| --- | --- | --- | --- |
|
|
|
Serial No.
|
Total
|
|
1.
|
Number of ballot papers received by the Presiding Officer at
the Poling Station or if the Polling Station has more than one
booth at each booth.
|
|
|
|
2.
|
Number of ballot papers issued, to voters
|
|
|
|
3.
|
Number of unused ballot papers returned
|
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|
|
4.
|
Number of ballot papers used
|
|
|
|
5.
|
Number of tendered ballot papers used
|
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|
|
6.
|
Number of ballot papers in ballot boxes
|
|
|
Signature of the Presiding Officer
Date..........
Note - If a polling station has more than one polling booth separate account in this form shall be attached to this account in respect of each polling booth.
Date..........
Signature of the Presiding Officer
Form 16
[See Rule 57 (6) ]
Result Sheet
Election of the Date..........Agricultural Produce Marketing Committee.......... Constituency.
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Polling Station Name
|
Number of valid votes cast in favour of ABC etc.
valid votes
|
Number of rejected total votes for Polling
Stations
|
Number of tendered votes
|
Remarks
|
|
|
|
|
|
|
|
Total Number of votes recorded at Polling Station
Returning Officer
Place...........
Date...........
Form 17
[See Rule 59]
Form of Return of Election
..........Agricultural Produce Marketing Committee Election for........... Constituency.
...........20
| | |
| --- | --- |
|
Name of Candidate
|
Number of valid votes given for the candidate
|
|
1.
|
|
|
2.
|
|
|
3.
|
|
|
4.
|
|
|
5.
|
|
|
etc.
|
|
Total No. of valid votes:
Total No. of invalid votes:
Total No. of tendered votes:
I declare that -
Name............
Address...........
has been duly elected.
Place ..............
Date ...............
Signature of Returning Officer
|
65ba2971ab84c7eca86eabcb | acts |
State of Maharashtra - Act
----------------------------
The Maharashtra State legal Aid and Advice Board
--------------------------------------------------
MAHARASHTRA
India
The Maharashtra State legal Aid and Advice Board
==================================================
Rule THE-MAHARASHTRA-STATE-LEGAL-AID-AND-ADVICE-BOARD of 1980
---------------------------------------------------------------
* Published on 8 December 1980
* Commenced on 8 December 1980
The Maharashtra State legal Aid and Advice Board
Published vide Notification No. LAB. 1080/(208) -14, dated 8th December, 1980
No. LAB. 1080/(208) -XIV. - The following Government Resolutions are published for general information :-
### 1. Preamble.
- Whereas, Article 39 A of the Constitution of India provides that the State shall secure that the operation of the legal system promotes justice, on a basic of equal opportunity, and shall, in particular, provide for free legal aid, to ensure that the opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities :
And whereas, the State Government has decided to establish a programme for providing free legal service to the weaker section of the community;
And whereas, under Government Resolution, Law and Judiciary Department, No. DFS- 1076/976(525) -X, dated the 14th February, 1977, Government had constituted a Legal Aid and Advice Board to be called "the Maharashtra State Legal Aid and Advice Board" to take steps to provide free legal aid to the weaker sections of the community in the State and for that purpose to formulate schemes for the constitution of Legal Aid Committee;
And whereas, for the purpose of effective implementation of the legal service programme in the State and for certain other purposes the above Board was re-constituted under Government Resolution, Law and Judiciary Department No. LAB. 1078/689(127) -XIV, dated 12th April, 1979 as "the Maharashtra State Legal Aid and Advice Board";
And whereas, for the purpose of more effective implementation of the legal service programme in the State it is necessary further to reconstitute the said Board, which would be in charge of setting up, administering and implementing the legal aid programme in the State;
Now, therefore, the Government of Maharashtra in supersession of the orders contained in Government Resolution, Law and Judiciary Department, No. LAB-1078/689(127) -XIV, dated the 12th April, 1979, hereby further re-constitutes the Legal Aid and Advice Board to be called "the Maharashtra Legal Aid and Advice Board" (hereinafter referred to as "the Board)".
### 2. Composition of the Board.
(1) The Board shall consist of the following members :-
| | | |
| --- | --- | --- |
|
(1) |
Minister for Law and Judiciary
|
President
|
|
(2) |
A sitting Judge of the High Court, to be nominated by the
Chief Justice
|
Vice-President.
|
|
(2A) [
[Entry (2A) was inserted by G.R., L&J. D., No. LAB. 1086/(96) , XIV, dated 24.7.86, clause 1(a).]
|
The Minister of State or Law and Judiciary.
|
Ex-officioMember.]
|
|
(3) |
A retired Judge of the High Court, or retired District Judge,
to be nominated by the State Government.
|
Executive Chairman
|
|
(4) |
The Advocate-General, Maharashtra
|
[Ex-officioMember.]
[These words were substituted for the word 'member', by G.R., L&J. D., No. LAB. 1086/(96) , XIV, dated 24.7.86, clause 1(b).]
|
|
(5) |
The Secretary to the Government of Maharashtra, Law and
Judiciary Department.
|
[Ex-officioMember.]
[These words were substituted for the 'member', by G.R., L&J. D., No. LAB. 1086/(96) , XIV, dated 24.7.86, clause 1(c).]
|
|
(5A) [
[These entries were inserted by G. R., L & J. D., L & J. D., No. LAB. 1086/ (96) -XIV, dated 24.7.1986, clause 1(d).]
|
The Secretary to the Government of Maharashtra, Home
Department.
|
Ex-officioMember.
|
|
(5B)
|
The Secretary to the Government of Maharashtra, Finance
Department.
|
Ex-officioMember.
|
|
(5C)
|
The Secretary to the Government of Maharashtra, Social
Welfare, Cultural Affairs, Sports and Tourism Department.
|
Ex-officioMember.
|
|
(5D)
|
The Secretary to the Government of Maharashtra, Rural
Development Department.
|
Ex-officioMember.
|
|
(5E)
|
The Secretary to the Government of Maharashtra, Education and
Employment Department.
|
Ex-officioMember.
|
|
(5F)
|
The Director General and Inspector General of Police,
Maharashtra State, Bombay.
|
Ex-officioMember.
|
|
(5G)
|
The Inspector General of Prisons and Director of Correctional
Services, Maharashtra State, Pune.
|
Ex-officioMember.]
|
|
(6) |
One Member of Parliament, to be nominated by the State
Government.
|
Member.
|
|
(7) |
One Member of the State Legislature, to be nominated by the
State Government.
|
Member.
|
|
(8) |
Chairman of the Maharashtra State Bar Council
|
[Ex-officioMember.]
[These words were substituted for the word 'Member', by G. R., L & J. D., L & J. D., No. LAB. 1086/ (96) -XIV, dated 24.7.1986, clause 1(e).]
|
|
(9) |
One Member of the Maharashtra State Bar Council from the
mofussil when the Chairman of the Maharashtra State Bar Council
is from Bombay (vice-versa).
|
Member.
|
|
(10) |
Three representatives of the legal profession to be nominated
by the State Government.
|
Members.
|
|
(11) |
One representative of women, to be nominated by the State
Government.
|
Member.
|
|
(12) |
One representative of Scheduled Castes, to be nominated by the
State Government.
|
Member.
|
|
(13) |
One representative of Scheduled Tribes, to be nominated by the
State Government.
|
Member.
|
|
(14) |
One representative of Industrial Labour, to be nominated by
the State Government.
|
Member.
|
|
(15) |
One representative of Agricultural Labour, to be nominated by
the State Government.
|
Member.
|
|
(16) |
A Judicial Officer of the rank of District Judge or an
officer, drawn from the cadre of Deputy Secretaries to Government[in Law and Judiciary Department]
[These words were inserted by G. R., L & J.D., No. LAB. 1086/(96) -XV, dated 24.7.1986, clause 1(f).]
to be nominated by the State
Government.
|
Member-Secretary.
|
(2) While the office of the Executive Chairman is vacant for any reason, the Secretary to the Government of Maharashtra, Law and Judiciary Department, ex-officio, shall be the Executive Chairman of the Board.
### 3. Term of office of Members of the Board.
(1) The term of office of a Member of the Board, other than an ex-officio Member, shall be three years.
(2) If any Member referred to at Serial Nos. (10), (11), (12), (13), (14) and (15), in clause 2 fails, without sufficient cause to attend three consecutive meeting of the Board or ceases to represent the interest for which he has been nominated, he shall cease to be a Member of the Board.
(3) The State Government shall have the power, to curtail the term of any Member referred to at serial Nos. (10), (11), (12), (13), (14) and (15) in clause 2, at any time, if it finds that such Member is not taking sufficient interest in the activities of the Board.
(4) If any Member ceases to be a Member of the Board for any reason, the vacancy shall be filled up in the same manner as the original appointment and the person nominated will continue to be a Member for the duration of the term of office of the Member in whose place he is nominated.
### 3A. [ Executive Committee.
[Clauses 3A and 3B were Inserted by G.R. L. & J. D., No. LAB. 1086/(96) -XIV, dated 24.7.1986, clause 2.]
- There shall be an Executive Committee of the Maharashtra State Legal Aid and Advice Board consisting of the following members
| | | |
| --- | --- | --- |
|
(1) |
Vice-President of the Board
|
Chairman.
|
|
(2) |
Executive Chairman of the Board
|
Member.
|
|
(3) |
Secretary to the Government of Maharashtra, Law and Judiciary
Department, Mantralaya, Bombay.
|
Member
|
|
(4) |
Member-Secretary of the Board
|
Member-Secretary.
|
### 3B. Powers and functions of the Executive Committee.
- Subject to the general control of the Board, the Executive Committee shall exercise the following powers and perform the following functions, namely :-
(1) to allot funds to the various Committees from the amount placed at the disposal of the Board by the State Government;
(2) to call for and receive from the various Committees, from time to time, such reports, returns and information, as may be considered necessary, in regard to the administration and implementation of the legal services programmes;
(3) to prepare, consolidate and submit to the State Government a general report regarding the administration and working of the legal services programmes during the previous financial year;
(4) to perform other duties and discharge other functions of the Board which are considered to be of immediate and urgent nature for the purpose of effectively implementing the legal aid scheme and the legal services programmes etc.]
### 4. Powers and functions of the Board.
(1) Subject to the general control of the State Government, it shall be the duty of the Board to take steps to establish a legal aid programme in the State for providing free legal services to the weaker sections of the community in the State. The State Board shall endeavour to arrange for provision of free legal services, including legal aid in any proceedings in any Court or before any public authority, subject to the provisions of any Scheme or rules framed by the Board.
(2) The Board shall be in overall charge of the administration and implementation of the legal services programme in the State and shall in particular exercise the following powers and perform the following functions, namely :-
(a) allot funds to the various Committees from out of the amount placed at its disposal by the State Government;
(b) control, regulate and supervise the working of the various Committees;
(c) lay down policies and give general or special directions to the various Committees for the proper administration and implementation of the legal service programme and for proper and adequate discharge of their duties and functions;
(d) call for and receive from the various Committees from time to time such reports, returns and information as may be considered necessary in regard to the administration and implementation of the legal services programme;
(e) prepare, consolidate and submit to the State Government by the first week of May every year a general report regarding the administration and working of the legal services programme during the previous financial year;
(f) encourage and promote conciliation and settlement in legal proceedings;
(g) promote legal literacy and create awareness amongst the weaker sections of the community in regard to the rights, benefits and privileges conferred upon them by social welfare legislation and other enactments;
(h) enlighten the people in rural areas about agrarian reforms and facilities made available to them by the Central Government or the State Government from time to time and render legal services where necessary;
(i) arrange for publicity of important legislation concerning women, bonded labour, industrial workers, agricultural labour, tenants, agriculturists, Scheduled Castes and Scheduled Tribes and other weaker sections of the community, as also legislation dealing with social and economic reforms;
(j) render assistance to the members of the weaker sections of the society in complying with necessary legal requirements in order to secure the benefits under the various schemes sponsored by the Central or the State Government for the welfare of the public in general, or of any section thereof;
(k) organise legal aid camps for the purpose of reaching legal services to the weaker sections of the community in rural areas and in slums;
(l) arrange for holding Lok Nyayalayas in different areas for the purpose of bringing about voluntary settlement of disputes;
(m) prepare a cadre of social workers for para-legal services;
(n) help the various Committees to set up legal service centres within their respective jurisdictions;
(o) encourage law colleges and law faculties of Universities to set up projects for giving free legal service to the weaker sections of the community and to help them in running such projects;
(p) hold and conduct seminars, conferences and campaigns for promotion of the legal services programme in all its aspects, including creation of public awareness and participate in all activities connected with the same;
(q) undertake and promote research, experiment and innovation in the areas of law affecting the poor with the object of removing the injustices from which the poor suffer, bringing about fundamental institutional changes and effectuating reforms in the law with a view to making it serve the interests of the weaker sections of the community;
(r) submit recommendations to the State Government regarding improvements in practice and procedure of the Courts so as to reduce the costs and delays in litigation;
(s) suggest and recommend to the State Government such measures of law reforms as it considers necessary for the purpose of improving the socio-economic conditions of the weaker sections of the community and making social welfare legislation effective for them and draw the attention of the administrative bodies or authorities to their grievances and press for redress of such grievances;
(t) undertake socio-legal survey and research into the life conditions of the weaker sections of the community with a view to ascertaining their problems and difficulties and determining how far and to what extent social legislation has been able to achieve the object and purpose for which it was enacted and to utilise social workers and the student force for the purpose;
(u) appoint expert committees for the purpose of assessment and evaluation of the legal services programme undertaken by the Board and its various Committees;
(v) carry on such other activities as are incidental and conducive to the objects of the legal services programme; and
(w) perform such other duties and discharge such other functions, for the purpose of effectively implementing the legal services programme, as the State Government may direct.
### 5. Committees.
- The Board shall constitute Legal Aid Committees in the cities of Greater Bombay and Nagpur and at the district and taluka headquarters, in accordance with such scheme or schemes as may be framed by the Board in that behalf with the approval of the State Government. Where any Legal Aid Committee is constituted or any member thereof is appointed, by the Board, before the issuance of this Government Resolution, the Committee or the member, as the case may be, shall continue to function, until a new Committee or a new member, is constituted or appointed by the Board.
### 6. Advisory Council, etc.
(1) The State Government shall constitute an Advisory Council, of not more than six persons, for the purpose of advising and assisting the Board in the establishment, administration and implementation of the legal services programme in the State.
(2) The Board shall have power to invite any person to attend and participate in its proceedings.
### 7. Honorarium to Executive Chairman.
- The Executive Chairman shall be paid a fixed honorarium of such amount not exceeding Rs. 1,500 per month in the case of a retired Judge of the High Court and not exceeding Rs. 1.000 per month in the case of a retired District Judge :
Provided that, the amount of honorarium shall not exceed the difference between the amount of the salary last drawn by the Judge of the High Court, or as the case may be the District Judge, and the amount of pension and pension equivalent to death-cum-retirement gratuity admissible to him.
### 8. Honoraria.
- (l) The members of the Board, other than the Executive Chairman and the Member-Secretary, shall not be entitled to any remuneration.
(2) The members of the Board who are nominated from amongst the Members of Parliament and the State Legislature shall be paid travelling and daily allowances as may be admissible to them in their respective capacities as Members of Parliament or the State Legislature, as the case may be.
(3) The ex-officio members, shall be entitled to travelling and daily allowances according to the rules applicable to them. The other members shall be paid travelling and daily allowances as admissible to Grade I Officers of the State Government under the normal rules.
### 9. Member-Secretary.
(1) The Board shall have a whole-time Member-Secretary, who shall be either a judicial officer of the rank of District Judge or an officer, drawn from the cadre of Deputy Secretaries to Government [in Law and Judiciary Department]
[These words were inserted by G. R., L. & J. D., No. LAB. (96) -XIV, dated 24.7.1986, clause 3.]
, He shall be responsible for the custody and management of the properties and funds of the Board and for the maintenance of true and proper accounts of the Board and he shall get them audited and checked periodically.
(2) The Member-Secretary shall discharge such other duties and functions as the Board may, from time to time, assign to him.
### 10. Staff of the Board.
- The staff which may be sanctioned to the Board will be on deputation with the Board and under its administrative control while on deputation.
### 11. Funds of the Board.
(1) The State Government shall, under appropriation duly made by law in this behalf, place at the disposal of the Board, from time to time, the necessary amounts for implementation of the legal aid programme.
(2) The Board shall also be entitled to receive and accept donations and grants to its legal aid programme.
(3) The costs, charges and expenses which may be recovered as a result of legally aided litigation and all other amounts received by it shall be credited to the State Government.
(4) The Board shall out of the amount placed at its disposal by the State Government make available necessary finances to the various Committees in such manner and to such extent as it thinks reasonable.
(5) The Board shall maintain true and proper account's of the receipts and disbursements of all amounts placed at its disposal by the State Government. [The accounts of the Board shall be audited annually by the Accountant General of Maharashtra.]
[This portion was, substituted for the portion beginning with the words 'the accounts of the Board' and ending with the words 'may determine', by G. R., L. & J. D No. LAB 1086/(96) -XV, dated 24.7.1986, clause 4.]
### 12. Eligibility for free legal aid.
(1) Every citizen whose income from all sources does not exceed Rs. [6,000 per annum]
[Substituted for the letters, figures and words 'Rs. 3,600 per annum', by G. R., L. & J. D. No. LAB 1086/(96) -XV, dated 24.7.1986, clause 5(a).]
shall be eligible for free legal services.
(2) [ This limitation as to income shall not apply to the parties belonging to Scheduled Castes, Scheduled Tribes, Vimukta Jatis, Nomadic Tribes, Nav Buddas, women and children]
[This sub-clause was substituted for the original, by G. R., L. & J. D. No. LAB 1086/(96) -XV, dated 24.7.1986, clause 5(b).</p>]
.
(3) The Board and the Committees constituted by it may suo motu or on application made in that behalf by the opposite party, withdraw the grant of free legal services to an aided person, if it is found that such person has adequate financial resources to meet the cost of such legal services.
(4) Notwithstanding anything contained herein, the Board may itself initiate proceedings or grant aid,-
(a) in cases of great public importance; or
(b) in a test case the decision of which is likely to affect cases of numerous other persons belonging to weaker sections of the community; or
(c) in a special case which, for reasons to be recorded in writing, is considered otherwise deserving of legal aid.
### 13. Headquarters of the Board.
- The office of the Board shall be located in Bombay and the State Government shall provide suitable office accommodation and adequate staff for carrying out the functions of the Board.
### 14. Decision by majority.
- All questions at any meeting of the Board shall be decided by majority of the members present and voting and in case of a tie, the person presiding shall have a second or casting vote.
### 15. Continuance of existing schemes.
- The existing Legal Assistance Schemes for Backward Classes and members of the armed forces of the Union and low in come ex-servicemen which are in force and more favourable to them shall be continued.
### 16. Power to frame scheme and to make rules and regulations.
(1) It shall be competent for the Board, with the approval of the State Government, to frame necessary scheme, from time to time providing for the constitution of legal aid committees, prescribing the conditions under which such committees shall function, laying down the procedure and mode of selection of advocates, for providing legal services and the remuneration to be given to them and providing for all other matters which are necessary for effective exercise of its powers and performance of its duties under this Government Resolution.
(2) It shall also be competent for the Board, with the approval of the State Government, to frame rules and regulations for the purpose of establishing and operating the legal services programme in the State and for regulating its own procedure.
(3) The State Government may accord its approval to any scheme, rule or regulation or any amendment thereof made by the Board under this clause without any modification or subject to such modifications as it may consider proper or return such scheme, rule or regulation or the amendment thereof to the Board for modifying the same in such manner as the State Government may direct.
(4) If it appears to the State Government that it is necessary or desirable for carrying out the purpose of this Resolution -
(a) to make any scheme in respect of matters specified in clause (1) or to amend any scheme made by the Board under that clause, or
(b) to make any rule or regulation in respect of matters specified in clause (2), the State Government may call upon the Board to make such scheme, rule or regulation or amendment within such time as it may specify. If the Board fails to make such scheme, rule or regulation or amendment within the time as may be so specified, the State Government itself may such scheme, rule or regulation or amendment and the scheme, rule or regulation or amendment so made shall be deemed to have been made by the Board under clause (1) or as the case may be, clause (2).
### 17. Concurrence of Finance Department.
- This Government Resolution is issued with concurrence of the Finance Department vide its unofficial reference No. 227/SFD. dated the 5th October, 1979.
|
65ba8268ab84c7eca86ebcd4 | acts |
Union of India - Act
----------------------
The Resettlement of Displaced Persons (Land Acquisition) Act, 1948
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UNION OF INDIA
India
The Resettlement of Displaced Persons (Land Acquisition) Act, 1948
====================================================================
Act 60 of 1948
----------------
* Published in Gazette of India on 20 September 1948
* Not commenced
An Act to provide for the speedy acquisition of land for the resettlement of displaced persons.
WHEREAS it is expedient to provide for the speedy acquisition of land for the resettlement of displaced persons and for matters incidental thereto;
It is hereby enacted as follows:-
### 1. Short title, extent and commencement.-
(1) This Act may be called the Resettlement of Displaced Persons (Land Acquisition) Act, 1948.
(2) It extends to the he words "Chief Commissioners" omitted by A.O. 1950 [Subs. by A.O. (No. 3), 1956, for "States of Delhi and Ajmer"][territories which immediately before the 1st November, 1956 were comprised in the States of Delhi and Ajmer].
### 2. Definitions.-
In this Act-
(a) "competent authority" means the Collector and includes any other person appointed by the [State;Subs. by A.O. 1950, for "Provincial"] Government, by notification in the official Gazette, to perform all or any of the functions of a competent authority under this Act;
(b) "displaced person" means any person who, on account of the setting up of the Dominions of India and Pakistan, or on account of civil disturbances or fear of such disturbances in any area now forming part of Pakistan, has been displaced from or has left his place of residence in such area after the 1st day of March, 1947, and who has subsequently been residing in India; and
(c) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth.
### 3. Notice of acquisition of land.-
(1) Whenever it appears to the3[State] Government that it is necessary or expedient to acquire speedily any land for the resettlement of displaced persons, a notification to that effect shall be published in the Official Gazette stating the area and the boundaries of the land proposed to be acquired and the date on which such acquisition will be made, and the competent authority shall cause public notice of the substance of such notification to be given at convenient places on or near the land to be acquired.
(2) Nothing in sub-section (1) shall empower the [State; Subs. by A.O. 1950, for “Provincial”] Government to acquire any land which is being used for the purpose of a school, orphanage or hospital or is being used exclusively for the purpose of religious worship.
### 4. Service on owner or occupier affected by notice of acquisition.-
As soon as may be after the publication of the notification under section 3, the competent authority shall cause to be served by registered post on the owner of the land and also on the occupier in cases where the owner is not in occupation of the land or, where the person to be served is not readily traceable or the ownership of the land is in dispute, shall publish in the Official Gazette, a notice stating the particulars specified in sub-section (1) of section 3.
### 5. Vesting and taking possession of land.-
(1) When a notice of acquisition is served or is published under section 4, the land shall vest absolutely in the [State;Subs. by A.O. 1950, for “Provincial”] Government free from all encumbrances on the date the notice is so served or published in the official Gazette.
(2) The competent authority may, at any time after the land has become so vested, proceed to take possession thereof:
Provided that such authority shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.
### 6. Objections to acquisition.-
(1) Any person interested in any land which has become vested in the1[State] Government under section 5 may, within one month from the vesting thereof, file his objection, if any, to the acquisition before the competent authority and such authority may, after making such enquiry as it thinks fit, either dismiss the objection or release the land in respect of which objection has been filed from acquisition.
(2) If any land is released from acquisition under sub-section (1), it shall be deemed to revest in the person originally entitled thereto and any encumbrance, which may have been extinguished under section 5, shall revive.
### 7. Method of determining compensation.-
(1) Where any land has been acquired under this Act, there shall be paid compensation, the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say,-
(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;
(b) where no such agreement can be reached, the [State; Subs. by A.O. 1950, for “Provincial”] Government shall appoint as arbitrator a person qualified for appointment as a Judge of a High Court;
(c) The [State;Subs. by A.O. 1950, for “Provincial”] Government may, in any particular case, nominate a person having expert knowledge as to the nature and condition of the land acquired to assist the arbitrator and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose;
(d) at the commencement of the proceedings before the arbitrator, the Provincial Government and the person to be compensated shall state what in their respective opinions is a fair amount of compensation;
(e) the arbitrator, in making his award, shall have due regard to the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894 (1 of 1894:
Provided that the market value referred to in clause first of sub-section (1) of section 23 of the said Act shall be deemed to be the market value of such land on the date of publication of the notice under section 3, or on the first day of September, 1939, with an addition of 40 per cent. whichever is less: Provided further that where such land has been held by the owner thereof under a purchase made before the first day of April, 1948, but after the first day of September, 1939, by a registered document, or a decree for pre-emption between the aforesaid dates, the compensation shall be the price actually paid by the purchaser or the amount on payment of which he may have acquired the land in the decree for pre-emption, as the case may be.
(2) The arbitrator shall, in awarding any compensation under this section, apportion the amount thereof between such persons, if any, as may appear to him to be entitled thereto.
(3) An appeal shall lie to the High Court from the award of the arbitrator appointed under this Act, and the decision of the High Court shall be final.
(4) Save as provided in this section, nothing in any law for the time being in force shall apply to arbitrations under this section.
### 8. Payment of compensation.-
The compensation awarded shall be paid by the competent authority to the person entitled thereto according to the award:Provided that nothing herein contained shall affect the liability of any person who may receive the whole or any part of any compensation awarded under this Act to pay the same to the person lawfully entitled thereto.
### 9. Power to secure information.-
The 1[State] Government or the competent authority may, with a view to determining the compensation payable under this Act, by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to the land that may be so specified.
### 10. Disposal of land.-
Subject to such rules as may be made by the [State;Subs. by A.O. 1950, for “Provincial”] Government, the competent authority may use or deal with any land acquired under the provisions of this Act in such manner and subject to such conditions as may appear to it to be expedient for the purpose of resettling displaced persons:
Provided that no displaced person to whom any land has been allotted under the provisions of this section shall transfer such land to any other person except with the previous consent of the competent authority.
### 11. Penalties.-
Whoever wilfully obstructs any person in lawfully taking possession of any land under this Act or refuses to furnish any information as required by section 9 shall be punishable with imprisonment which may extend to one month or with fine which may extend to fifty rupees or with both.
### 12. Exemption from stamp duty and fees.-
No award or agreement under this Act shall be chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.
### 13. Protection for action done 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 done in pursuance of this Act or any order made there under.
### 14. Power to make rules.-
(1) The [State;Subs. by A.O. 1950, for “Provincial”] Government may make rules to carry out the objects of this Act and for the guidance of officers in all matters connected with its enforcement.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may prescribe-
(a) the manner in which land acquired under this Act may be used or dealt with;
(b) the procedure to be followed in arbitrations under this Act;
(c) the principles to be followed in apportioning the costs of proceedings before the arbitrator and on appeal.
### 15. Repeal of Ordinance XX of 1948.-
(1) The Resettlement of Displaced Persons (Land Acquisition) Ordinance, 1948 (XX of 1948) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act had commenced on the 2nd day of August, 1948.
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65b9d34cab84c7eca86ea17a | acts |
State of Madhya Pradesh - Act
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The M.P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Niyam, 1978
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MADHYA PRADESH
India
The M.P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Niyam, 1978
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Rule THE-M-P-SAMAJ-KE-KAMJOR-VARGON-KE-KRISHI-BHUMI-DHARAKON-KA-UDHAR-DENE-WALON-KE-BHUMI-HADAPANE-SAMBANDHI-KUCHAKRON-SE-PARITRAN-TATHA-MUKTI-NIYAM-1978 of 1978
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* Published on 25 April 1978
* Commenced on 25 April 1978
The M.P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Niyam, 1978
Published vide Notification No. 1641-6-1-77-N-1-4, dated 25-4-1978, M.P. Gazette, Part 4 (Ga) , dated 12-5-1978 at page 172
In exercise of the powers conferred by Section 18 of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (No. 3 of 1977), the State Government hereby makes the following rules, namely :-
### 1. (1) These rules may be called the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Niyam, 1978
(2) They shall come into force on the date of their publication in the "Madhya Pradesh Gazette".
### 2. In these rules, unless the context otherwise requires,-
(a) "Form" means a form appended to these rules, and
(b) "Section" means a Section of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (No. 3 of 1977).
### 3. [
[Substituted by Notification No. 577-6-1-N-I-VII-81, dated 21-2-1981.]
The application under Section 5 shall be made in Form I to the Sub-Divisional Officer on or before the 31st January [1984].
### 4. The price of land per hectare for purposes of sub-section (2) of Section 7 shall be an average sale price of land of the same quality of soil and similarly situated in the village sold during three years preceding the date of transfer and if no sale of such land has taken place in the village during the said period of three years the average of sale price of such land in the adjoining villages during the said period of three years.
### 5. For purposes of determination of net income under sub-section (3) of Section 7, the Sub-Divisional Officer may require the lender of money by a notice in Form II to furnish information in the Form enclosed with the notice in respect of the land within such time, not exceeding 10 days, as may be specified in the notice.
### 6. If the lender of money furnishes the information required under Rule 5, within the time specified in the notice served under the said rule, the Sub-Divisional Officer shall cause the information furnished by the lender of money certified from the record, if any, maintained by the Patwari of the Patwari Circle concerned in that behalf and after having given an opportunity of being heard to the lender of money and the holder of agricultural land, determine the net income recording reasons therefore.
### 7. If the lender of money fails to furnish the information required under Rule 5, the Sub-Divisional Officer after having obtained information considered necessary from the Patwari of the Patwari Circle concerned, shall, after giving an opportunity of being heard to the lender of money and the holder of agricultural land determine the net income to the best of his judgement.
### 8. (1) The provisions of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) and the rules made thereunder so far as they relate to appeal shall apply to the appeal preferred under Section 8 as they apply to the appeal to the Collector under the said Code.
(2) The memorandum of appeal under Section 8 shall be affixed with a Court fee stamp of the value specified in Article I-A of Schedule I of the Court Fees Act, 1870 (No. VII of 1870).
Form I
(See Rule 3)
Application under Section 5 of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (No. 3 of 1977)
### 1. Name of applicant. ###
2. Residential address.
### 3. Land held by applicant in the State. (a) Irrigated (Khasra No.............. Village.............. Patwari Circle No............Tehsil............District..............Hectares.
(b) Unirrigated.............. Khasra No Village..................... Patwari Circle No Tehsil...................... District............... Hectares...........Total.........hectares.
### 4. Date of prohibited transaction ###
5. Principal money
### 6. Date of securing interest in land ###
7. Mode of securing interest in land....................whether by-
(a) agreement to sell land with or without delivery of possession.
(b) Outright sale of land within or without delivery of possession accompanied by separate agreement to result it.
(c) Outright sale of land with or without delivery of possession with a district or an understanding that the sale shall not be acted upon if the loan is repaid.
(d) Outright sale of land with or without delivery of possession with condition incorporated in the sale deed to result it on repayment of loan.
(e) transaction in any modes other than (a) to (d).
### 8. Purpose of loan. ###
9.
Market value of land at the time of transaction.
### 10. Whether the consideration shown in the document was paid in whole or in part, privately or before Sub-Registrar.
### 11. Whether possession of the land was actually delivered to the lender of money as per recitals in the said document. If not, when and in what manner the lender of money obtained possession of the land.
### 12. Rate of interest agreed upon.
### 13. Payment, if any, made by the holder of agricultural land to the lender of money towards the loan.
Place.....................
Date......................
Applicant.
Form II
(See Rule 5)
Notice
Before................................at..............................in the case of.................................Case No of 19...............
To,
Shri.......................................son of...........................................village........................................Tehsil...................District...................
Whereas the transaction of loan granted by you on to Shri..............................son of Shri...........................Village.........................................Tehsil...................District.................has been declared void under clause (ii) of sub-section (1) of Section 7 of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976.
And whereas it is not possible to restore the land to said Shri........................
And whereas necessary order under sub-section (2) of the said Section 7 has been passed;
And whereas the land had remained with you during the agricultural years.............
Now, therefore, in order to determine the net income accrued to you during the said period. You are hereby directed to furnish the following information on or before.....................namely :-
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Agricultural year
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Kind of crops sown and area under which each crop
was sown
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Out put of each crop
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Crop
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Area
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Crop
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Out put
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(1) |
(2) |
(3) |
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| --- | --- | --- |
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Cost of out-put
|
Expenditure on agricultural operations
|
Net income
|
|
Crop
|
Cost
|
Crop
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Expenditure
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Crop netincome
|
|
(4) |
(5) |
(6) |
|
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65b976beab84c7eca86e921e | acts |
State of Punjab - Act
-----------------------
The Punjab Electricity (Emergency Powers) Act, 1941
-----------------------------------------------------
PUNJAB
India
The Punjab Electricity (Emergency Powers) Act, 1941
=====================================================
Act 14 of 1941
----------------
* Published on 30 April 1942
* Commenced on 30 April 1942
The Punjab Electricity (Emergency Powers) Act, 1941
Act
14 of 1941
Statement of Objects and Reasons. - "The object of the Bills is to provide against a situation in which, for one reason or another, the public may be put to grave inconvenience owing to the refusal of a licensee under the Indian Electricity Act, 1910, to maintain a continuous supply of electrical energy for street lighting purposes. A situation of this character arose in Lahore in May, 1934, when owing to a dispute between a private Electric Supply Company and the Municipal Committee, the former threatened to cut off the supply of energy necessary for lighting the streets of the town. Had effect been given to this threat, a serious situation would have arisen. The danger was averted by the issue by the District Magistrate of an order under section 144 of Code of Criminal Procedure; and shortly of the dispute was settled by the parties concerned by reference to arbitration. It is apparent, however, that section 144 of the Code of Criminal Procedure does not equip the authorities with power adequate to deal with situations of this kind in all cases. In the interest of the public it is most necessary that the Government, in the last resort, should be able to assume control of a licensed Electric Supply Undertaking and to provide for the continuance of public street lighting service for a period of six month at a time upto a maximum of two years. This period would be sufficient to enable Government, if necessary, to use its good officers to find a solution of the difficulties which had given rise to the situation on which action had been taken". (vide Punjab Government Gazette, Part I, dated the 4th April 1941, p. 254).
For Statement of Objects and Reasons, see Government Gazette, Punjab 1941, Part I, page 294; for report of the Select Committee see ibid, 1941, part V, page 37-46; for decades in Assembly, see Punjab Legislative Assembly Debates, Vol. XVII, pages 470-487, 501 - 528 ibid, Vol. xviii, PAGES 34-35, 47-65, 195-244
Received the assent of His Excellency the Governor General on the 30th April, 1942, and was published in the Punjab Government Gazette Extraordinary, dated 6th May, 1962.
An Act to provide for the protection of the public in cases of emergency.
It is hereby enacted as follows:-
### 1. Short title.
- This Act may be called the Punjab Electricity (Emergency Powers) Act, 1941.
### 2. Interpretation.
- For the purposes of this Act the expression "public electricity service" shall mean an electric supply undertaking licensed under the provisions of the Indian Electricity Act, 1910, and shall include any establishment ancillary thereto and necessary for its working.
### 3. Exercise of emergency powers.
(1) If at any time it appears to [State]
[ Subsituted for the word 'Provincial' by the Adaptation of Law Orders, 1950.]
Government-
(a) that there is any likelihood of a failure in the continuous supply of a public electricity service or a diminution of such supply and that such failure or diminution will be to the public disadvantage, or
(b) that there is doubt as to whether the [State] Government or any other person is the owner of public electricity service, or
(c) that it is expedient, during any period of the transfer of public electricity service to the [State] Government to assume possession and control of such service,
the [State] Government may by order in writing declare its intention of assuming possession and control thereof for and on behalf of such service.
(2) No such order shall be in force for more that six months, without prejudice to the issue of another such order at or before the end of that period:
Provided that the maximum period during which such orders may continue in force at any one time shall not exceed two years from the commencement of the first order.
### 4. Service.
- A copy of the order, duly authenticated, shall be served on the owner or the person in charge for the public electricity service or on any person in charge of any property of which possession or control is to be assumed;
Provided that the [State] Government may, instead of effecting service as aforesaid, cause a copy of order to be posted on some conspicuous part of the registered office of the public electricity service or, if that be not practicable, in some conspicuous place in the area of supply.
### 5. Effect of service or posting.
- When a copy of the order is served or posted in the manner provided by the last preceding section, the possession and control of such public electricity service shall be deemed to vest in the [State] Government notwithstanding any obligation or limitation imposed on such service by virtue of any Act or other instrument determining its functions.
### 6. Transfer of property.
- As soon as may be after the issue of an order under sub-section (1) of section 3, the owner or person in charge of the public electricity service shall make over to the [State] Government or such person as it may direct, all books accounts, documents furniture and all other property, of whatsoever nature or kind, both movable and immovable, belonging to the said service and its possession or control considered necessary by the [State] Government for the purpose of carrying on the work of the company.
### 7. Power to contract.
(1) During such period as the public electricity service is in the possession and control of the [State] Government the [State] Government shall have power to acquire and hold property, both movable and immovable, and to transfer any property held by it for and on behalf of the public electricity service and to contract and to do all other things necessary for the purposes of its efficient management.
(2) All debts and obligations incurred, all contracts entered into and all matters and things engaged to be done by the [State] Government for and on behalf of the public electricity service shall be deemed to have been incurred, entered into or engaged to be done by the said public electricity service.
### 8. Conditions of service of employees.
(1) All officers and servants in the employment of the public electricity service on the issue of an order under sub-section (1) of section 3, shall subject to their conditions of service, continue to be officers and servants of such service during such period as it is in the possession and control of the [State] Government and the conditions of service, pay and allowances of such officers and servants shall be their existing conditions of service, pay and allowances.
(2) The [State]
[for the word 'Provincial' by the Adaptation of Laws Order, 1950.]
Government shall exercise all the powers of the public electricity service in respect of all such officers and servants.
### 9. Accounts.
- The [State] Government, or such officer as it may direct, shall keep proper books of account and shall make therein full and proper entries relating to the business or undertaking during such period as the business or undertaking is in the possession and control of the [State] Government.
### 10. Compensation.
(1) The [State] Government shall award compensation if the public electricity service sustains by reason of the exercise or the failure to exercise any of the powers conferred by this Act.
(2) Any dispute as to whether compensation is payable or as to the amount of any compensation so payable, shall, in default of agreement, be determined by arbitration in accordance with the provisions of the Indian Arbitration Act, 1940.
### 11. Penalities.
- Whoever disobeys or neglects to comply with order passed, direction given or condition prescribed in accordance with the provisions of this Act or impedes the lawful exercise of any power conferred by this Act, shall be punishable with fine which may extend to one thousand rupees or with imprisonment which may extend to six months, or with both.
### 12. Bar of jurisdiction.
(1) No civil court shall have jurisdiction to settle, decide or deal with any matter which is by or under this Act, required to be settled, decided or dealt with by the [State] Government.
(2) No suit, prosecution, or other legal proceeding shall lie against any person for anything done or intended to be done under this Act in good faith and with due care and attention.
(3) Nothing in this Act shall be construed to exempt any public electricity service during such period as it is in the possession and control of the [State] Government from its liability on any contract entered into by the said service or by the [State] Government on its behalf.
### 13. Power to make rules.
(1) The [State] Government may, by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Act.
(2) The power to make rules conferred by this section shall, except, on the first occasion of the exercise thereof, be subject to the condition of previous publication.
(3) In making any rule under this section, the [State] Government may provide that a contravention of the rules shall be punishable with a fine which may extend to fifty rupees.
|
65b9febbab84c7eca86ea6b0 | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Rent And Revenue Sales Act, 1839
-------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh Rent And Revenue Sales Act, 1839
=================================================
Rule ANDHRA-PRADESH-RENT-AND-REVENUE-SALES-ACT-1839 of 1839
-------------------------------------------------------------
* Published on 1 January 1839
* Commenced on 1 January 1839
Andhra Pradesh Rent And Revenue Sales Act, 1839
### 1. [Repeal of Regulation XXVIII of 1802. Section 23] Repealed by Central Act XIV of 1870.
[2. Power of Tahsildar to sell property distrained: - All Tahsildars within the State of Andhra Pradesh shall be vested with the power to sell property distrained for arrears of rent or of revenue and all shall be subject to such rules and orders, if any, as may be made by the State Government in this behalf]
[Substituted for Sec. 2 by the A.P. Extension and Amendment Act, 1958.]
.
### 3. Control of Tahsildars in exercise of such powers:
- Provided always that in respect of the exercise of those powers Tahsildars shall be subject to the control and superintendence of the Collector, and shall not be subject to the authority of the District Judge, except in the case of any judicial proceedings.
### 4. Their liabilities in exercise of the same power:
- Repealed by the Repealing and Amending Act, 1891 (Central Act XII of 1891).
### 5. [x x x]
[Omitted by the A.P. Extension and Amendment Act VI of 1958.]
### 6. Delegation of Tahsildars powers:
- And it is hereby enacted that Tahsildar shall have authority, subject to the orders of the Collector, to delegate the powers vested in them by the second section of this Act to any public servants placed under their authority ; and that the provisions of [Section 3]
[Substituted for the words and figures "Sections 3 and 5" by the A.P. Extension and Amendment Act, 1958 (Act No. VI of 1959). ]
of this Act shall apply to all public servants to whom those powers shall have been so delegated in the same manner as they apply to Tahsildars.
[7. Power to invest officers with powers of Tahsildars: - The State Government may, by notification in the Andhra Pradesh Gazette, invest any officer or class of officers with the powers of a Tahsildar under this Act, subject to such conditions and restrictions as may be specified in the notification.]
[Inserted by the Andhra Pradesh Rent and Revenue Sales and the Andhra Pradesh Revenue Recovery (Extension and Amendment) Act, 1958 (Andhra Pradesh Act VI of 1959).]
|
65b9bd95ab84c7eca86e9d35 | acts |
State of Rajasthan - Act
--------------------------
The Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964
----------------------------------------------------------------------------------------------
RAJASTHAN
India
The Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964
==============================================================================================
Rule THE-RAJASTHAN-STATE-AID-TO-INDUSTRIES-ALLOTMENT-OF-SHEDS-IN-INDUSTRIAL-ESTATES-RULES-1964 of 1964
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* Published on 19 August 1964
* Commenced on 19 August 1964
The Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964
Published vide Notification No. F.3(23) INRL/A/60, dated 19-8-1964, published in Rajasthan Gazette Part 4-C Ordinary dated 24-1-1964
General Amendment. - (i) In rules 5 to 16 for the words and expressions "Director of Industries", "Director of Industries/Collector", "Director of Industries/Collector/Government", "Director of Industries/Collector or the Government", "Director/Collector or the Government". "Director/Collector" & "Director" wherever they occur;
(ii) In clauses (xiii-a) and (xiv) of rule 3, rule 10, rule 15-A and 17, for the word "Government" wherever occur; and
(iii) In rule 15, for the words "Industries Department" the word "Corporation" has been Substituted.
Such amendments have not been shown separately and no footnotes to such amendments have been given, [vide Notification dated 29-5-1980 [3-6-1980],
In exercise of the power conferred by sub-section (1) of section 8 read with section 5 of the Rajasthan State Aid to Industries Act, 1961 (Rajasthan Act 25 of 1961), the State Government hereby makes the following rules governing State Aid by allotment of factory sheds in Industrial Estates in Rajasthan, namely
### 1. Short title, extent and commencement.
(1) These Rules may be called the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964.
(2) They extend to the whole of the State of Rajasthan.
(3) They shall come into force at once.
### 2. Application.
- They shall apply to all Industrial Estates built or to be built in Rajasthan.
### 3. Definitions.
- In these rules, unless the subject or context otherwise requires
(i) Act' means the Rajasthan State Aid to Industries Act, 1961 (Rajasthan Act 25 of 1961);
[(i-1) 'Allottee' means a person to whom a shed is allotted on outright sale basis;]
[Inserted vide Notification dated 12-6-1970(18-6-1970).]
(ii) [ "Corporation" means the Rajasthan State Industrial Development and Investment Corporation Ltd., Udyog Bhawan, Jaipur;]
[Substituted by Amendment Notification No. 3, dated 29-5-1980.]
[XXX]
[Clause (iii) . deleted by Amendment Notification No. F 4(56), Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
(iv) [ "District officer" means the Deputy Director (Infra)/Resident Engineer or any other officers authorised by the Corporation.]
[Substituted vide Amendment Notification Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
(v) 'Estate' means an Industrial Estate, whether Urban or Rural, set up by the Government in the State of Rajasthan [and which has been transferred to the Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Inserted by Amemdment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
;
(vi) 'Form' means a form appended to these rules;
(vii) 'Government' means the Government of Rajasthan;
(viii) Hire-purchaser' means an industrialist who accepts the allotment of sheds on hire-purchase basis;
(ix) 'Lease' means the allotment oi an area of land for industrial purposes for a period of 99 years;
(x) 'Lessee' means an industrialist who accepts the allotment of a shed or plot on lease basis;
(xi) [ "Owner" means the Rajasthan State Industrial Development and Investment Corporation Ltd., Udyog Bhawan, Jaipur.]
[Substituted by Amemdment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
(xii) 'Plot' means a piece of land in the area of an Industrial Estate;
(xiii) 'Rent' means either Substitutedidised or standard rent as the case may be;
[(xiii-a) "Service charges" means charges that may be levied and recovered from an allottee hire purchaser of a shed and allottee of land under rule 14(1) by the Corporation in lieu of the service rendered by the Corporation for the up-keep and maintenance of the Estate such as providing street lighting, Conservancy services maintenance of drainage and roads.]
[Inserted vide Notification dated 12-6-1970(18-6-1970).]
(xiv) [ shed means a factory shed built by the Corporation in an Estate for allotment on lease or on hire purchase basis or on out-right sale basis to those who are desirous of setting up small scale industries therein. For the purpose of allotment on hire purchase or out-right sale basis, it shall not include the land on which it has been built]
[Substituted vide Notification dated 12-6-1970 (18-6-1970).]
.
(xv) all other words and expressions used but not defined under these rules shall have the meanings respectively assigned to them under the Act.
### 4. [XXX]
[Rule 4, deleted vide Amemdment Notification No. F. 7(3) Ind/Gr. 11/75dated 13-5-1976; Published in Rajasthan Gazette Part IV-C, dated 3-6-1976, Page 162(82-87).]
### 5. Application for allotment of shed.
- Applications for allotment of sheds shall be made in Form 1E(1) to the [Deputy Director (Infra)/Resident Engineer on any other officer authorised by the Corporation]
[Substituted by Amendment Notification No. F. 7(3) Ind/Gr. 11/75dated 13-5-1976; Published in Rajasthan Gazette Part IV-C, dated 3-6-1976, Page 162(82-87).]
where an Estate in which shed is applied for is situated. Printed form of application shall be made available to the applicant against payment of Re/-Every such application shall be accompanied by:-
(i) earnest money equal to three months, standard rent for the class of shed applied for;
(ii) four copies of a detailed scheme of the small scale cottage industry to be set up in the shed applied for; and
(iii) summary of the application Form I E (2). The application so received shall be forwarded by the District Industries officer to the Corporation
[XXX]
[Deleted by Amendment Notification No. F. 7(3) Ind/Gr. 11/75 dated 13-5-1976; Published in Rajasthan Gazette Part IV-C, dated 3-6-1976, Page 162(82-87).]
### 6. Disposal of application for allotment of Sheds
. (i) [The District officer will place before the Corporation all the applications received for allotment of sheds for consideration, the Corporation may grant or reject the applications, as it deems fit.]
[Substituted by Amendment Notification No. F. 7(3) Ind/Gr. 11/75dated 13-5-1976; Published in Rajasthan Gazette Part IV-C, dated 3-6-1976, Page 162(82-87).]
(ii) [ where the Corporation feels that more than one applicant for allotment of shed can be accommodated in a single shed or more than one applicant apply for allotment of one shed jointly, the allotment shall be made accordingly. In this case the applicants shall execute the lease deed and be responsible for payment of rent of the shed, jointly in proportion to the space occupied by each constituent.]
[Renumbered and added vide Notification dated 12-6-1970 (18-6-1970).]
### 7. Communication of the decision of the board.
- [The Corporation will communicate the decision to the applicant in Form No. 1E(3) . In case applications are granted the Corporation shall issue order in Form No. 1E(4).]
[Added vide Notification dated 20-11-1967 (25-1-1968).]
### 8. Acceptance of allotment order.
- The applicant shall on receipt of the allotment order communicate his acceptance in Form IE (5) to the Corporation and Deputy Director (Infra)/Resident Engineer or any other office authorised by the Corporation within 15 days or such period as may be extended by the Corporation for reasons to be recorded in writing, falling which the earnest money shall liable to be forfeited. The applicant shall also indicate his choice, if the said allotted shed is required on lease basis or on hire-purchase basis.
### 9. Transfer of possession of shed.
- After receipt of the letter of acceptance, the Corporation shall arrange transfer of possession of the shed to the allottee against an acknowledgement in Form IE (6) .
### 10. Lease of sheds.
- Allotment of sheds on lease basis shall be on the following terms and condition:-
(i) the lessee shall execute a lease deed in Form IE (7);
(ii) the lease shall be for a period of 30 years in the first instance renewable for an another period of 30 years at the option of the lessee on a rent not exceeding double the rent in the preceding period. The lease shall be liable to be terminated at any time by either party by giving in writing a notice of three months to that effect;
(iii) the repairs due to ordinary wear and tear of the shed shall be responsibility of the Corporation but damages, if any, caused to the shed shall be got repaired by the allottee within one month or the Corporation shall get it done and recover the cost from the allottee;
(iv) water connection in the shed shall be provided by the Corporation. The power connection will be taken by the lessee at his own cost;
(v) [ All dues including those on account of water and power consumption and taxes including property tax shall be payable by the lessee]
[Substituted by Notification dated 12-6-1970 (18-6-1970).]
;
(vi) [ The rent as fixed by the Corporation from time to time according to the manner prescribed in the schedule shall be payable by the lessee in advance every month by 10th of the due date mentioned herein above, simple interest @ 12% per annum or as is determined by the Corporation from time to time shall be charged. Arrear of two months rent shall amount to breach of the terms of lease contract;]
[Substituted by Notification dated 12-6-1970 (18-6-1970).]
(vii) he shed shall be used for setting up a small scale industry for which it is allotted by the Corporation and for no other purpose except with the previous permission of the Corporation;
(viii) [ the lessee shall not sub-let, under-let, mortgage or otherwise alienate or transfer or part with the possession of the shed or any right or interest therein. He shall also not take any partner without the prior permission of the Corporation in writing:
[Substituted by Notification dated 12-6-1970 (18-6-1970).]
Provided that in case after the industry has been set-up and gone into production, the lessee at any time expresses his inability to carry on the industry due to financial or other reasons and the Corporation is satisfied that he is actually not in a position to run the industry, the lessee can sell the industry inclusive of the machinery and other material therein but excluding the shed and lease rights thereof, with the prior permission of the Corporation in writing.]
(ix) the production in the shed shall start within a period of six months from the date on which the possession is delivered. The Corporation may, however, at [its]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
option, extend the time limit upon a maximum period of three months for reasons to be recorded in writing;
(x) failure on the part of the lessee to comply with any of the conditions stated above, shall amount to breach of contract and the Corporation shall have a right to get the shed vacated forthwith;
(xi) the allottee shall not carry out any additions and alterations to the main shed and buildings without the prior approval of the Corporation; and
(xii) in case the allottee suspends or closes running of the industry in the shed at any time for a period exceeding six months, the Corporation shall terminate the lease by giving one month's notice and resume the possession of the shed;
(xiii) [ the lessee shall during the term of lease also keep the shed insured at his cost with an Insurance Company of repute with Corporation as beneficiaries against loss or damage by fire and all other risks and in such sum as determined by the Corporation and shall deposit with [it]
[Substituted by Notification dated 12-6-1970 (18-6-1970).]
such Insurance Policy and receipts for payment of premium in respect of the same.]
### 11. Hire-purchase of shed.
- Allotment of sheds on hire-purchase shall be on the following terms and conditions:-
(i) The cost the shed be leased out to hire-purchaser for a period of 15 years shall subject to the conditions that he shall have an option to purchase it on the expiry of this period, provided, he has paid all the instalments;
(ii) [ the Hire purchaser shall pay 20% of the cost of the shed as is fixed by the Corporation in the manner prescribed in the schedule as first instalment in advance and the remaining amount alongwith interest @ 6% per annum shall be payable in 15 equal annual instalments. Each instalments shall fall due on the first day of the twelfth month from the date on which possession of said allotted on hire purchase basis was given to the hire purchaser. The Corporation may on the application of the hire purchaser extend this period upto two months in hard case for reasons to be recorded in writing;]
[Substituted and added vide Notification dated 12-6-1970 (18-6-1970).]
(iii) in case of failure to pay any instalment on due date, the Corporation shall have a right to terminate the contract of hire purchase by serving one month's notice and in that case the shed shall be treated on the lease basis according to rule 10 above:
Provided that in case the instalment due is paid within the period of notice, such period shall be treated as a further extension over and above the two month's extension referred to in [clause (ii) ]
[Substituted by Notification dated 5-7-1974 (22-8-1974).]
above and a penal interest [@ 9% per annum shall be charged on the amount of over due instalments for the entire period for which default has been made;]
[Substituted vide Notification dated 5-7-1974 (22-8-1974).]
(iv) [ The hire purchaser shall not sub-let, under-let, mortgage or otherwise alienate or transfer or part with the possession of the shed or any right or interest therein, till all hire purchase instalments have been paid, except as provided hereunder:-
[Substituted vide Notification dated 12-6-1970 (18-6-1970).]
(1) the shed can be transferred within a period of ten years from the date of commencement of hire purchase with the prior approval of the Corporation in writing and on payment in lump-sum of twice the cost of the shed recoverable on hire purchase basis or the market value of the shed (to be determined in consultation with the State Public Works Department or any other appropriate authority of the Government), whichever is higher. The instalments already paid will be adjusted against this amount.
(2) The shed can be transferred after ten years from the date of hire purchase, with the prior permission of the Corporation in writing and on payment in lump-sum the remaining instalments.]
(v) the shed shall be used for setting up a small scale industry for which it is allotted by the Corporation and for no other purpose except with the previous permission of the Corporation in writing;
(vi) the hire purchaser shall keep the shed in a condition of good repairs. In the event of his failure to do so, the Corporation shall get it repaired and recover the cost of repairs from the hire-purchaser;
(vii) till all the instalments towards the hire purchase price of the shed are paid, the hire purchaser shall keep the shed insured with any Insurance Company, in the of Corporation against loss or damage by fire and all other risks as the Corporation may require in such sum as is equivalent to the cost of the shed, and shall deposit with the Corporation all such policies and receipts for payment of the premiums in respect of the same;
(viii) the production in the said shed shall be started within a period of six months from the date on which the possession is delivered. The Corporation may, however, at [its]
[Substituted vide Notification dated 5-7-1974 (22-8-1974).]
option, extend the time limit upto a maximum period of three months for reasons to be recorded in writing;
(ix) the hire purchaser shall execute an agreement, in Form IE(8);
(x) the hire purchaser shall not carry out any additions and alterations to the main shed and building without the approval of the Corporation.
(xi) in case the hire purchaser suspends or closes running of the industry in the shed at any time for a period exceeding six months, the Corporation shall terminate the allotment by giving one month's notice and resume the possession of the shed;
(xii) [ Breach of any of the above conditions shall entitle the Corporation to terminate the allotment by giving one month's notice and to resume ihe possession of the shed thereafter.]
[Substituted by Notification dated 12-6-1970 (18-6-1970).]
(xiii) [ XXX]
[Deleted by Notification dated 12-6-1970 (18-6-1970).]
[11A. Conversion of existing lease basis sheds into hire purchase basis. - (i) The lessee to whom a shed has been allotted on lease basis may opt for hire purchase of shed in Form No. IE(9) [by 17th day of December, 1970]
[Substituted. Deleted and Added vide Notification dated 12-6-1970 (18-6-1970).]
, irrespective of the fact that that he has already given option under the existing rules. On acceptance of option for hire-purchase basis, the amount of rent paid by him under the lease for the period Subsequent to the date of his option shall be adjusted towards the initial instalment of 20% of the cost of the shed and the annual hire-purchase instalments.
(ii) After adjustment of the amount of rent towards the initial instalment of 20% and instalments, if there in any short-fall, such amount shall be paid by the lessee within a period of 2 months from the date of demand made by the Corporation.
(iii) in case where the option has been accepted by the Corporation the allotment on hire purchase basis shall be deemed to have come into force from the date, the hire purchaser desired the option to be enforced in Form IE(9) and the period of 15 years during which the entire cost of the shed is to be paid shall be determined from the date.
(iv) Other conditions will be the same as mentioned in rule 11 above; provided however, that the agreement shall be executed in Form No. IE (11)].
[11B. Hire purchase of sheds by those who fail to give options. - The lessee who fails to exercise option under rule 11-A may also at any time during the period of lease apply for hire purchase of sheds under rule 11 above. In this case no credit of lease money already paid shall be given.]
[Added and Substituted by Notification dated 12-6-1970 (18-6-1970).]
[12. Allotment of shed on out-right sale basis.]
[Substituted by Notification dated 12-6-1970(18-6-1970).]
- Allotment of shed on out-right, sale basis shall be on the following terms and conditions:-
(i) The cost of shed as is arrived at by the Corporation in the manner prescribed in the schedule shall be paid by the allottee within 2 months from the date of demand made by the Corporation.
(ii) The shed shall be used for setting up and running of a small scale industry for which it is allotted and for no other purpose;
(iii) The production in the shed shall be started within a period of six months from the date on which possession is delivered. The Corporation may however at [its]
[Substituted by Am. Notification No. 3.]
option extend the time limit upto a maximum period of three months for reasons to be recorded in writing.
(iv) Additions and alterations, if any, may be made within the shed by the allottee at his cost with the prior permission of the Corporation in writing.
(v) In case the allottee suspends or closes running of the industry in the shed at any time for a period exceeding six months, it shall be treated as a breach of the terms and conditions of allotment of sheds.
(vi) In case any default is made by the allottee in respect of any terms and conditions aforesaid, the said plot of land shall revert to the Corporation and the allottee shall have to remove therefrom at his cost all the buildings and structures constructed, by him thereon. In case of his failure to do so, the Corporation shall have a right to dispose of the said structures and buildings in any way [it]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
likes and to refund the proceeds to the allottee after recovering all the sums due to [it]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
from the allottee.
(vii) The allottee shall not sub-let, under-let or otherwise alienate or transfer or part with the possession of the shed or any right or interest therein, except as provided herein under:-
(1) the shed can be transferred within a period of ten years from the date of allotment with the prior approval of the Corporation in writing and on payment in lump-sum of twice the cost of the shed or the market value of the shed (to be determined in consultation with the State Public Works Department or any other appropriate authority of the Government) whichever is higher. The cost already paid will be adjusted against this amount.
(2) [ The shed can be transferred with the written permission of the Corporation after the full payment for it has been made and it has been utilised for the purpose for which it was allotted.]
[Substituted by Amendment Notification No. F. 10(3) Ind/Gr. 1/73, dated 21-9-1977, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 22-9-1977, Page 237.]
[13. Conversion of existing lease basis sheds into out right sale basis sheds]
[Substituted vide Notification No. 12-6-1970 (18-6-1970).]
. :- (i) A lessee to whom a shed has been allotted on lease basis may opt for out-right sale basis in Form No. IE (12) within a period of three months from the date of publication of these rules in the official Gazette. On acceptance of option for out-right sale basis the amount of rent paid by him under the lease shall be adjusted towards the cost of shed.
(ii) The allotment of shed on out-right sale basis under sub-rule (i) above, shall be effective from the date on which the entire cost has been paid by the allottee.
(iii) The cost of shed as is arrived at by the Corporation in the manner prescribed in the schedule shall, after adjustment of the amount of the rent already paid by the lessee, be paid by him within a period of two months from the date of demand by the Corporation and in case of his failure to do so, the allotment on out-right sale basis shall be deemed to have been withdrawn.
(iv) It is not obligatory on the part of the Corporation to accept all the options received for conversion into out-right sale basis. The Corporation shall not accept the option of the lessee if the industry is not running in the shed to [its]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
satisfaction.
(v) [ The lessee who fails to exercise option under sub-rule (i) may during the period of lease /hire purchase, apply for out right purchase of sheds under this rule within a period of six months from the date of publication of this notification in the Rajasthan Raj-patra. The amount of rent deposited so far by way of lease money/hire purchase instalments, shall be adjusted against the price payable for sheds. Interest will be charged on the outstanding balance amount with effect from 17th September,. 1970 at the rates prescribed by the Rules.]
[Substituted by Amendment Notification No. F. 10(3) Ind/Gr. 1/73, dated 21-9-1977, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 22-9-1977, Page 237]
(vi) [ Other conditions shall be the same as mentioned in rule 12 above.]
[Renumbered by Notification dated 7-5-1974 (14-5-1974).]
### 14. Allotment of plots of land in the Industrial Estates.
(1) The Corporation may allot for the purpose of constructing a shed by the allottee at his cost with the object of setting up a small scale industry, plot of land, if available over and above the requirements of a particular Industrial Estate, to the applicants for allotment of sheds or to those who specifically apply for allotment of plot.
(2) The applications for allotment of plot shall be made in the Forms IE (1) and IE (2) and in the same manner as indicated in rule 5 above. The amount of earnest money shall, however, be Rs. 500/- per plot of any size.
(3) The allotment of plots shall be governed by the Rajasthan Industrial Areas Allatment Rules, 1959 issued vide Notification No. F. 5(199) LSG/A/59, dated 21-12-1959 with the modification that the programme of construction of a shed and of production shall be as under:-
(i) construction to be started within 3 months from the date on which the possession of the plot is delivered:
(ii) construction to be completed within next six months. The Corporation may at [its]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
may at option extend the period as he deems proper for reasons to be recorded in writing:
(iii) machinery to be installed and production started within next three months. The Corporation can, however, at [its]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
option extend the time limit upto a maximum period of three months for reasons to be recorded in writing: and
(iv) that the allottee shall execute a lease-deed in Form IE (10).
(4) [ The land covered by a shed allotted under Rules 11, 11-A, 11-B, 12 and 13 shall be on lease basis under the Rajasthan Industrial Areas Rules, 1959 and the allottee shall execute a separate lease deed in respect of this land in Form No. IE (13) and pay the lease amount according to these rules.]
[Substituted by Notification dated 12-6-1970 (18-6-1970).]
### 15. All the allottees shall.
- (i) Furnish all information and periodical reports and returns pertaining to the industry set up in the shed as required by the Corporation or any other officer of the Corporation connected with the affairs in an Industrial Estate;
(ii) permit access to any person or persons nominated by the Corporation to inspect running of the Industry in the shed;
(iii) keep the permises neat and clean and also equip the shed with fire extinguisher:
(iv) comply with the instructions issued from time to time by the Corporation or any other officer connected with the affairs of the Estate; and
(v) comply with these rules as amended from time to time.
[15A. Service charges. - All the allottees and hire purchasers under rules 11, 11A, 11-B, 12 and 13 and allottees of plot under rule 14(1) shall pay service charges as fixed by the Corporation from time t° time and from such date as is fixed by the Corporation. These charges shall be subject to revision after every five years.]
[Inserted by Notification dated 12-6-1970(18-6-1970).]
### 16. Refund and forfeiture of earnest money.
(a) Refund. - The earnest money deposited with the application for allotment of shed or plot will be refunded by the [Deputy Director (Infra/Resident Engineer or any other office authorised by the Corporation]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
in the following cases:-
(i) where the applicant has withdrawn his application for allotment of shed or plot, before the decision of the Corporation allotting him a shed/plot is communicated to him;
(ii) where the application for allotment of shed or plot has been rejected by the Corporation after due consideration; and
(iii) where a shed or plot has been allotted, the earnest money shall be refunded after the deed has been executed and the unit has started production.
Forfeiture. - The earnest money deposited with the application for allotment of shed or plot shall be forfeited in the following cases
(i) where an allotment of shed has been made by the Corporation but the applicant has failed to accept it within the specified period referred to in rule 8;
(ii) where the allottee after he has accepted the allotment and has been required to take over the possession has failed to take it over within the period specified in conditions 2 & 3 of the order of allotment in Form IE(4); and
(iii) where in industry set up by the allottee has note gone into production within the period specified in rules 10(ix), 1 l(viii) and 14(3) (iii).
### 17. Mode of recovery of dues.
- All amount payable to Corporation under these rules shall be recovered as arrears of land revenue, [under the Rajasthan Land Revenue Act, 1956,]
[Institutes vide Notification dated 12.6.1970 (18.6.1970)]
### 18. Repeal and Saving.
- Except as provided in these rules, all rules and orders in relation to matters covered by these rules, and in force immediately before the commencement of these rules are hereby repealed:
Provided that nothing in these rules shall affect the previous operation of the rules hereby repealed or any action taken thereunder.
[Schedule
[Inserted by Notification dated 12-6-1970 (18-6-1970).]
A. Procedure for calculating rent of shed :
### 1. The capital cost (CC) of an Estate shall be : (i)
Cost of construction of all sheds in an Estate excluding the cost of land and the cost of development, plus.
(ii) Development charges to be arrived at on actual area of land covered by the sheds (AS) according to the Rajasthan Industrial Areas Allotment Rules, 1959 (rounded off to the next above hundred rupees).
### 2. The annual rent (AR) all the sheds built in Estate shall comprise of the following :- (i)
Interest at 4½% on the Capital cost (CC) .
(ii) Administrative and maintenance charges @ 3½% of capital cost (CC); and
(iii) Depreciation @ 2% of the capital cost (CC) (i.e., (i) plus (ii) plus (iii)=AR).
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(| CC x 10100| = AR)
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### 3. Monthly rent per square feet (R) shall be arrived at by dividing A.R. by A.S. \* 12 : | |
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(| A.RA.S x 12| = R (rounded off to the next above whole Paisa)
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### 4. Monthly rent of shed shall be as under :- (a) R \* area of shed, plus
(b) lease money of the land covered by shed according to the Rajasthan Industrial Areas Allotment Rules, 1959 (rounded off to the next above whole rupee).
Note :- Pending calculation of rent, the Director may determine a provisional rent of shed on the basis of the advice of the PageW.D.
B. Rent of buildings other than sheds:
The monthly rent of buildings other than the factory sheds in an Estate shall be determined by the Public Works Department of State Government.
C. Determination of cost of shed for the purposes of recovery under rules 11, 11-a, 11-b, 12 and 13:
### 1. Cost of sheds per square feet (R) shall be arrived at by dividing the total cost of construction of sheds (C) excluding the cost of land and the cost of development by the total area of the sheds (A). | |
| --- |
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(R=| CA| )
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### 2. Development charges (D) shall be determined for the area of the land covered by a shed according to the Rajasthan Industrial Areas Allotment Rules, 1959. ###
3. Cost of a shed shall be arrived by multiplying the area of a shed (S) , with rate (R) according to clause 1 above and adding thereto development charges (D) according to clause 2 above.
(S X R plus D)
(Note:- Pending calculation of cost of shed, the Director may determine a provisional cost of the shed on the basis of the advice of the PageW.D.)]
Form I.E.(1) (See rule 5)
Serial No.
Price Re. 1/- only.
Registration No. of Application......
Form of Application For Allotment of Shed/plot
To
[Deputy Director (Infra) /Resident Engineer, Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
Sir.
I/We hereby apply for allotment of............ (class) built shed/plot of land on which shed will be built at my/our expenses in the Industrial estate under the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estate) Rules, 1964. A demand Draft/Challan No..............dated.................. of the Bank of........for Rs.............being the earnest money is enclosed. Four copies of the scheme for setting up .......... industry for which shed/plot has been applied for are also enclosed. Further information to consider my/our application is furnished below.
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1. Name of the applicant
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2. Whether the applicant
is an Individual, a Partnership Firm.
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Private
or Public Company or co-operative Society?
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3. Address (in full) of
the applicant;
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(a) Factory.
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(b) office.
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(c) Residential.
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4. Name of the persons
having legal status to sign on behalf of the applicant, together
with his/their designations and addresses.
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5. In case applicant
being an existing Manufacturing or Business Concern;
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(i) Nature of manufacture or business.
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(ii) Capital Investment:
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(a) Blocked Capital.
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(b) Working Capital.
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(iii) Number of
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(a) Supervisors.
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(b) Skilled workers.
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(c) Un-skilled workers.
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(iv) Date of establishment.
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(v) Number of shifts working in a day:-
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(a) Number of days in a year on which two shifts are worked.
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(b) Number of days in a year on which three shifts are worked.
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(vi) Nature and capacity of power supply available.
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(vii) Covered and uncovered area of existing accommodation.
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(viii) Estimated increase in,
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(a) Manufacturing output.
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(b) Employment.
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In case the factory space
is allotted in the Industrial Estate.
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6. General details for
the proposed Establishment.-
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(i) Nature and quantity of annual production of goods.
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(ii) Capital Investment:
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(a) Blocked.
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(b) Working.
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(iii) Estimated number of:
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(a) Supervisor.
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(b) Skilled workers.
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(c) Semi-skilled workers.
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(d) Unskilled workers.
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(iv) Probable date of starting production.
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(v) Number of shifts desired to be worked in a day:-
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(a) No. of days in a year for two shifts.
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(b) No. of days in a year for three shifts.
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(vi) Installed load and estimated daily consumption of:
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(a) Electricity.
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(b) Steam.
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(c) Gas.
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(d) Water (in gallons).
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(vii) Factory accommodation desired on Lease/Hire purchase[out-right sale
basis]
[ Added vide Notification dated 12-6-1970]
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(viii) Class of factory required. A/B/C/D/E class.
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(ix) Particulars of experience in the line of manufacture proposed or
in a similar line.
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(x) In case of no experience in the line proposed, other business
experience and technical qualification, if any.
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7 Raw material required
for the manufacture proposed and their source.
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8. Approximate average
distance which the workers may traverse to reach the factory.
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9. Whether the
manufacturers process involves omission of any offensive odours
or smokes and if so, their nature and extent?
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10. Whether the
manufactures process involves any industrial waste and if so,
there nature and extent?
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11. Specific items of
manufacture (in case of an existing concern)
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(a) Estimated annual out-put, if any.
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(b) Proposed increase in annual out-put.
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12. Proposed
manufacturing items (in case of a new scheme)
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(a) Estimated annual production.
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(b) Value of annual production.
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13. Are similar
Industries as the proposed industry existing in:
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(a) The place where shed has been applied.
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(b) Rajasthan State.
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(c) Indian Union.
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14. Whether a telephone
connection required?
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15. Whether purchase of
machinery on Hire-purchase desired? If so, of what value?
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16. Whether any technical
assistance desired? If so, of what nature?
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17. Whether any
assistance in marketing of products desired? If So, of what
value?
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18. Whether the applicant
desires any loan, has applied or intends to apply for an
Industrial Loan to the State Government? If so, how much?
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Any other information
which the applicant like to give.
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Certified that the
information given in the application as above i.e. true to the
best of my/our knowledge and belief.
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Yours
faithfully.
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Signature of
the Applicant.
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Date..............Place
..........
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Registration
No......................Received from
M/s..............application for allotment of shed/plot.
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Dated
the..................
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Signature of
Receiving official.
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Form I E (2) [See rule 5 (iii)]
Summary of Application for Allotment of Factory shed/open plot in Industrial Estate
### 1. Name/Names of Party/Firm/Association / Society. ###
2. Nature of Industry.
### 3. Whether holding sheds at Industrial Estates elsewhere? ###
4. Whether they are running any industry outside the Industrial Estate?
### 5. Capital proposed lo be invested. ###
6. Employment potential.
### 7. Whether machines will be imported or locally purchased? ###
8. Raw material required.
Arrangements for technical know-how.
Signature.........
Date..........
Form-I.E. (3) (See rule 7)
[Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
No.............
Dated the........
To
M/s.............
..................
Sub:- Application for allotment of shed/plot in the Industrial Estate
Dear Sir,
Your application No.............. dated for allotment of shed/plot in Industrial Estate was considered by the Corporation and it was not granted. You are advised to claim for refund of the earnest money deposited under reference.
Yours faithfully,
[Deputy Director (Infra) /Resident Engineer, Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
Form No.-I.E.(4) [As amended Subsequently by No. 1, dated 22-8-1974, No. 2, dated 21-9-1977 and by No. 3, dated 29-5-1980.]
(See rule 7)
Rajasthan State Industrial Development and Investment Corporation Ltd.
No. .............
Dated the ...........
From
Rajasthan State Industrial Development and Investment Corporation Ltd.
To
M/s.............
..............
Sub.- Order for allotment of factory shed/plot in the Industrial Estate ........
You are hereby allotted ......... factory shed/sheds, plot/plots industry on lease/hire purchase/out right sale basis on the following terms and conditions :-
[XXX]
[1] That you will take over possession of the shed/plot allotted to you within seven days from the date you communicate to take over it.
[2] That in case of your failure to take over the possession according to condition No. 2 above the earnest money deposited with the application for allotment of shed shall be forfeited.
[3] That you agree to pay the rent/lease money/hire purchase instalment/cost of shed/plot and service charges according to the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964; and at such time and place as you are requested to pay.
[4] That you agree to execute the deed as prescribed under the rules.
[5] That you agree that this allotment shall be governed by the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964.
[6] That you agree to the inspection of your industry by the Deputy Director (Infra) /Resident Engineer, Rajasthan State Industrial Development and Investment Corporation Ltd. or any of the members of the staff authorised for the purpose on any working day during the working hours and also to show and make available to these officers such of the manufacturing stores and other accounts as may be required by them.
In case the allotment of the said shed/lot is acceptable to you on the terms and conditions mentioned above, you are required to convey your acceptance within a period of fifteen days of the receipt of this letter on the accompanying from to the Deputy Director (Infra) /Resident Engineer Rajasthan State Industrial Development and Investment Corporation Ltd...........with a copy to this office, falling which the allotment may be treated as withdrawn and the earnest money deposited with the application shall be forfeited.
The Managing Director, Rajasthan State Industrial Development and Investment Corporation Ltd., Jaipur
No. ................................
Dated .............................. ..........19
Copy forwarded to the:-
### 1. Assistant Director, Industries and Supplies; ........ ###
2. Deputy Director (Infra) /Resident Engineer, Rajasthan State Industrial Development and Investment Corporation Ltd..............
### 3. Manager Industrial Estate............ Immediately on receipt of acceptance from the allottee; he may be intimated to take over the possession of the shed/plot within a week under intimation to this office. In case the allotment is on hire purchase outright sale basis, before transferring the possession, hire-purchase/instalment cost of the shed should be recovered according to the rules, The Managing Director, Rajasthan State Industrial Development and Investment Corporation Ltd., Jaipur.
Form I.E. (5) (See rule 8)
From
M/s.............
.............
.............
To,
[Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
Sub:- Allotment of Industrial Shed/Plot No................ in Industrial Estate.............
Sir,
I/we accept the allotment of Shed/Plot No.............in the Industrial Estate ........ on the terms and conditions mentioned in your letter No.............dated..........It is requested that possession of the said Shed/Plot No..............may be arranged to be delivered to me/us. I/we hereby express my/our choice to have the above mentioned shed allotted to me/us in lease basis/hire purchase basis [/out right sale basis]
[Added vide Notification dated 12-6-1970 (18-6-1970).]
,
[XXX]
[Deleted vide Notification dated 5-7-1974 (22-8-1974).]
.
[XXX]
[Deleted by Amendment Notification No. F. 7(3) Ind/Gr. 11/75dated 13-5-1976; Published in Rajasthan Gazette Part IV-C, dated 3-6-1976, Page 162(82-87).]
,
Yours faithfully,
For M/s..........................
Date.............
Form I.E. (6) (See rule 9)
From
M/s....................
............................
To,
[Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
Sub:- Possession of Shed/Plot No..............Allotted to M/s............
Sir,
On account of my/our having accepted the allotment of Shed/Plot No............. in the Industrial Estate .............. on the terms and conditions noted in the allotment order No...............dated..............the possession of the said Shed/Plot No.................. has this .........day of............ 197 been delivered to me/us and I/we have assumed the valid possession thereof on the said day of 197....
Yours faithfully,
Dated the............
Form IE (7) [See rule 10 (1)]
Form of Lease of shed in the Industrial Estate..................
This indenture of lease in made this day of ......... 19, between ............ of ........... (hereinafter called the lease which expression shall, unless excluded by or repugnaat to the context, include his heirs, successors, executors administrators and assigns) of the first part and [the Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
(hereinafter called 'the lessor' which expression shall unless excluded by or repugnant to the context, include his successors in office and permitted assigns) of the second part and (1) ..........(2).........(hereinafter called the 'sureties') of the third part.
Whereas the lessor has agreed to grant and the lessee has agreed to accept the lease of all that piece of land together with the shed with fixtures and fitting being Industrial shed No.............. and more particularly described in the annexed schedule, hereunder written (hereinafter called the premises) upon the conditions hereinafter appearing.
Now this Indenture witnesseth as follows:
[\*1. That the lessor agrees to let the said premises and the lessee has agreed to occupy the said premises for period of 30 years.
\*On a monthly rent to be fixed by the lessor Subsequently, the provisional rent being Rs..............per month,
Or
\*On a monthly rent of Rs...............for the purpose of............for which the lessee had applied.]
[Substituted by Notification dated 12-6-1970 (18-6-1970).]
(\*Delete whichever is inapplicable).
### 2. That the possession of the said premises has been delivered/shall be delivered to the lessee against an acknowledgement. ###
3. That the lessee hereby covenants with the lessor as follows:-
(a) That the lessee shall duly pay the stipulated rent of the said premises to the lessor or his authorised agent in advance on or before the 10th day of each calendar month for which the rent is due, at the office of Industrial Estate on such other place or places as the lessor may from time to time appoint.
[The lessee further agrees to pay the amount of property tax, house tax to the lessor on demand in addition to the rent so aforesaid. In case the payment of rent is not made within the due date mentioned herein above, the lessor shall be entitled to charge interest @ 12% per annum or at such rate as is fixed by the lessor from time to time which the lessee hereby agrees to pay without any objection whatsoever.]
[Substituted and Added by Notification dated 12-6-1970 (18-6-1970).]
(b) That the lessee shall during the said term pay except as aforesaid, all taxes, rents, assessments and other charges and outgoings not payable or hereinafter to become payable in respect of the premises.
[The lessee shall 'during the term of lease, keep the shed insured' with Corporation as beneficiaries against loss or damage by fire and all other risks as the Corporation may require and for such sum as may be determined and communicated to the lessee with an Insurance Company of repute and shall deposit with Corporation all such Insurance Company of repute and shall deposit with the Corporation all such Insurance Policies and receipts for payment of premium.]
[Substituted and Added by Notification No. dated 12-6-1970 (18-6-1970).]
(c) That the lessee shall utilise the said shed for the purpose of setting uPage.........industry for which it has been allotted to him and that at no time the shed shall be used for any purpose other than running a small scale industry. The lessee further agrees to start production in the said shed within a period of six months from the date of delivery of possession to him. In case the lessee suspends or closes running of the industry for a period exceeding six months, the lessor shall terminate the lease by giving one month's notice and resume the possession of the shed.
(d) That the lessee shall not carry out any addition/alteration to the premises without the lessor's prior written consent.
(e) [ The lessee shall not sub-let, under-let, mortgage or otherwise alienate or transfer or part with the possession of the shed or any right or interest therein. The lessee shall also not take any partner in the industry without the prior permission of the Corporation.
[Substituted by Notification dated 12-6-1970 (16-6-1970). ]
But in case, after the industry has been set up and gone into production, the lessee at any time signifies his inability to the Corporation to carry on the Industry set up in the shed due to financial or other reasons and the Corporation is satisfied that the lessee is actually not in a position to do so, he may take a new partner to revive the industry or sell the industry including the machinery installed therein and other materials but excluding the shed and his lease rights in respect of the said shed with the prior written consent of the Corporation, the lessee agrees to abide by all the conditions that will be imposed by the Corporation in this respect.]
(f) That the lessee shall comply with all the rules, regulations and laws in force from time to time in respect of the working of the premises at a factory. The lessee shall also abide by the provisions of the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964; as amended by the Corporation from time to time.
(g) That the lessor shall be responsible for the repairs and maintenance of the said shed but the damages if any caused to the shed shall be got repaired by the lessee within one month or the lessor shall gel it done and recover cost from the lessee. The lessee further agrees to keep the premises neat and clear and also to equip the shed with a fire extinguisher.
(h) That the lessee shall deliver possession of the said premises to the lessor at the expiry of the term or earlier determination thereof and shall deliver the premises in the same condition in which the same were when the lessee was put In the possession of the same except for any additions and alterations allowed under 3(d) above. If the premises require any additions or alterations to suit the particulars needs of process and functions of the factory, the same will be undertaken by the lessee at his own cost after obtaining the written permission of the lessor. Necessary plans for such additions and alterations shall be made on the responsibility of the lessee as regards cost and pursuing them for obtaining approval.
(i) That the lessee shall not carry any offensive trade or manufacture on the premises.
(j) The lessee shall :
(i) furnish all information and periodicals, reports and return pertaining to the industry set up in the shed as required by the Corporation or any other officer of the Corporation connected with the affairs of the Industrial Estate, where the shed is situated:
(ii) permit access in the shed to any person or persons nominated by the Corporation to inspect running of the industry: and
(iii) comply with the instructions issued from time to time by the Corporation or any other officer connected with the affairs of the Estate, where the shed is situated.
(k) That lessee shall have an option to renew the said lease for a further period of 30 years on a rent to be determined by the lessor which will not however be more than double the rent in the preceding period.
### 4. That both the lessor and the lessee will be at liberty to terminate the lease by giving to the other three months' notice in writing of its intention to so terminate the lease provide that, if the lessee commits breach of any of covenants and conditions herein contained, it shall be lawful for the lessor to terminate the lessee has committed any breach or not shall be final and binding upon the lessee. ###
5. And it is hereby declared that the cost and expenses incidental to the preparation, execution and registration of this lease including stamp duty shall be borne and paid by the lessee.
### 6. That if rent hereby reserved or part thereof shall be unpaid for a period of two months after becoming due (whether formally demanded or not) or if the lessee becomes insolvent and/or goes into liquidation voluntarily or otherwise is there be any attachment on the premises or if the lessee commits breach of any covenants and conditions, then and in any of such cases, it shall be lawful for the lessor to re-enter upon the premises or any part thereof in the name of the whole. ###
7. The sureties at the request of the lessee and in consideration of the lease does hereby covenant with the lessor that the lessee shall duly pay the rent reserved hereunder and perform all the covenants and conditions herein contained and on the part of the lessee to be observed and performed and if the lessee commits default in payment of rent on the appointed day and shall otherwise commit breach of any terms and conditions herein contained, the two sureties shall pay the lessor on demand and without any demur all sums as the lessor on demand, may require the sureties to pay with interest thereon at the rate of 6% from the date of demand till payment (and the decision of the lessor as to whether what amount is payable by the sureties to the lessor and whether the lessee has committed any breach as aforesaid shall be final and binding upon the sureties) Provided that in no case that liability of the sureties hereunder will be exceeded a sum of Rupees...........with interest thereon at the aforesaid rate.
### 8. That the lessor shall have the fullest liberty without affecting the liability of the surety hereunder to postpone for any time and from time to time any of the powers exercisable by its against the lessee and either to enforce of forbear any of the terms and conditions herein contained and the surety shall not be released from the liability hereunder by any exercise of liberty by the lessor with reference to the matters aforesaid of by reasons of time being given to the lessee or by any other act, or forbearance or commission on the part of the lessor or by any other matter or thing whatsoever; which under the law relating to sureties would, but for these provisions, have the effect of so releasing the sureties from their liabilities. \*9. If, instead of furnishing surety/sureties, the lessee furnishes to the Corporation Cash security for due payment of rent and observance and performance of the several conditions and covenants herein contained and the event of breach, it shall lawful for the lessor to forfeit whole or part of the security deposit.
In case the surety dies or becomes insolvent or otherwise becomes incapable of fulfilling his obligations, the lessor may require the lessee to Substitute fresh surety and the lessee shall furnish to the lessor fresh guarantee from such persons as may be approved by the lessor.
### 10. That all dues payable to the Government, if not paid within a period of one month from the date of demand, shall be recoverable from the lessee or his surety at the discretion of the Corporation as arrears of land revenue under PageD.R. Act. Annexure to the Lease Form
(Description of the Shed)
Factory building No......situated in Industrial Estate.... bounded on the East by.......on the North by.......on the South by and on the West by..................on an area of .............. x ........... ft. having covered area of sq. ft. and a compound measuring ........ ft. x....... ft. bounded by a wall and having the following buildings in the compound:-
(a) Block of Bath, measuring ............. ft. x .............. ft.
(b) Block of Latrine, measuring ........... ft. x .............ft.
(c) Urinal measuring ............. ft. x ............ ft. together with the fixtures and fitting listed separately.
In witness Whereof the parties hereto have put their respective hands the day and the year hereinabove written in the manner indicated below:-
[Signed for and on behalf of the Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
Signature..........
[Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
Witness:
(a) Name:
(b) Address:
(c) Date:
### 2. Signed for and on behalf of the lessee in the presence of:- Signature ........
for, M/s..........
(Prop./Partner/Director/Manager).
\*Note :- Reference to a surety occurring under the mark of an asterisk shall be deleted if a cash security is furnished. Reference to cash security occurring under the mark of an asterisk shall be deleted if a personal surety is provided. Strike off whichever inapplicable.
Witness:
(a) Name:
(b) Address:
(c) Date:
### 1. Signed by the sureties in the presence of:- | | |
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(Surety No. 1)
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(Surety No. 2)
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Signature :.......
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Signature:.........
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Address :.........
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Address :..........
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Date :............
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Date :...........
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Witness :.........
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Witness :..........
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(a) Name:
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(a) Name:
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(b) Address:
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(b) Address:
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[Form No. IE (8) ]
[Substituted vide Notification dated 12-6-1970 (18-6-1970),]
[See rule 11 (ix) ]
Hire Purchase Agreement of a Shed in the Industrial Estate
This agreement is made on the .................. day of ........... 197 between M/s...............
\*(i) through their sole proprietor Shri S/o aged....................... caste resident of.
\*(ii) a partnership firm having:-
(1) Shri...........S/o............aged.........caste.........r/o....
(2) (3)
as partners, through their authorised partner Shri............S/o.......... aged...........caste...........resident of.........
\*(iii) a limited or private limited company, through its Managing Director Shri............S/o...........aged ......caste resident of ......... (hereinafter called the hirer) which term shall, unless excluded by or repugnant to the context, include his heirs, successors, executors, administrators and assigns of the first part and [the Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
(hereinafter called the owner) which expression shall, unless
\*Delete inapplicable.
excluded by or repugnant to the context, include his successors-in-office and permitted assigns of with the second part.
Whereas the hire on his application has been allotted shed No. .........in the Industrial Estate...........more particularly prescribed in the schedule hereto for setting uPage..........an industry and whereas he has agreed to have this shed on hire purchase basis under the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estate) Rules, 1964 and whereas the owner has agreed to provide him the said shed on hire purchase basis with the stipulation to transfer the ownership to the hirer on payment of instalments hereinafter provided.
Now This Deed Witnesseth as Follows:-
### 1. That the physical possession of the said shed and not the title and other rights has been delivered by the owner to the hirer for the aforesaid purpose on............. ###
2. That the hirer hereby covenants with the owner as under
(a) That the hirer shall pay, to the owner or his-authorised agent at such place or places and time as may be prescribed, 20% of the cost of the shed as determined by the Corporation, under the rules, as initial instalment. The remaining amount of the cost of shed coupled with interest @ 6% per annum shall be payable by the hirer in 15 equal instalments each instalment shall be paid on the expiry of each anniversary to be reckoned from the date of delivery of possession of the shed to the hirer. On request of the hirer, to be made in writing to the Corporation at least three months in advance of the due date expressing his inability to pay the instalment on due date for the reasons to be furnished by him the Corporation may, if deemed proper, grant two months further extension.
(b) On payment of the instalments referred to in clause (a) above, for a period of 15 years and on compliance with the terms and conditions of this deed the hirer shall be entitled to acquire owner-ship of the said on payment of a sum of Re. 1/- to the owner as a consideration for the exercise of the said option, on receipt of which the said hirer shall be deemed to become the full owner of the property demised and the owner shall be bound to convey, transfer and sell in consideration of the receipt of the instalment referred to in clause (a) above as well as the amount received in respect of the option exercise by the hirer, and in consideration of the agreement to transfer the ownership of the said shed, pursuant to this deed unto the said hirer at his expenses by way of sale deed, all rights, title and interest heretofore vested in the owner and cause the same to be registered at expenses and instance of the said hirer hereinafter becoming the owner of the said shed.
(c) In case of the failure of the hirer to pay any of the instalments within the prescribed time limit the owner or his authorised agent or the [Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
shall be entitled to terminate this agreement. But before terminating this agreement, the authorities referred to above shall have to serve one month's notice period such period shall be treated as further extension over and above two months referred to above and additional interest @ 6% per annum shall be charged for the entire period for which default has been made, over and above the interest @ 6% per annum referred to in clause (a) above.
(d) The hirer shall not sub-let. under-let, mortgage or otherwise alienate or transfer or part with the possession of the shed or any right or interest therein till all the hire purchase instalment have been paid except as provided hereunder;-
(i) The hire purchaser can transfer the shed or any right or interest therein within a period of 10 years from the commencement of hire purchase, with the permission of the Corporation in writing and on payment in lump sum of twice the cost of the shed (recoverable on hire purchase basis) or the market value of the shed (to be determined in consultation with the Public Works Department or any other appropriate authority of the State Government) whichever is higher. The amount already paid by the hirer to the owner in the form of hire purchase instalments excluding interest shall be adjusted.
(ii) The hire purchaser can transfer the shed or any right on interest therein Subsequent to the period of ten years referred to in sub-clause (i) above, with the prior permission of the Corporation in writing and on payment of remaining costs in lump sum.
(e) The hirer shall exclusively utilise the said shed for setting up the industry for which permission has been accorded or may hereinafter be accorded by the Corporation and shall start production in the said shed within a period of six months from the date of transfer of possession to hirer. The Corporation Rajasthan may, however at the request of the hirer extend this time limit for a further period of three months.
(f) The hirer shall during the period of 15 years, keep the shed in condition of good repairs. In the event of failure of the hirer to do so, the owner shall get the same repaired and recover the cost from the hirer, who shall pay such amount of repairs within a period of one month of the receipt of notice to make such payment and any failure to pay will constitute a breach of the terms and conditions of this agreement.
(g) The hirer shall, till all the instalments referred to in clause (a) are paid, keep the shed insured in the name of the Corporation against loss or damage by fire and all other risks as the Corporation may require in the sum of Rs.............. (cost of shed) in any approved
Insurance Company and shall deposit with the Corporation all such Insurance Policies and receipts for payment of the premium.
In case, however, of destruction by fire or material demolition thereof whether by act of nature or otherwise of the shed the owner shall re-built, re-erect or effect such major repairs within six months of such destruction and as such shall be entitled to receive the amount of claim from the insurer.
In case the shed does not stand insured at the time accident occurs, the hirer agrees to compensate the owner to the extent of the cost of the shed irrespective of the amount of instalments already paid by him.
(h) All the taxes, water and electricity and other dues including the property tax payable on the said shed shall be paid by the hirer.
(i) The hirer agrees that even after the rights, title and ownership of the said shed has been transferred to the hirer by the owner on payment of all the instalments and other dues out this agreement, the shed shall be exclusively used for the purpose of small scale industry for which it has been provided and for no other purpose.
(j) The real object of the allotment of shed being the development of Industries in Rajasthan, the owner shall be entitled to terminate this agreement, if at any time during the period of 15 years of hire or thereafter, when the ownership has been transferred to hirer, it is found that the hirer has suspended the manufacturing operations for a period exceeding six months, and in that case he shall resume the possession of the shed by giving one month's notice to the hirer.
(k) The hirer shall abide by the provisions of the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964.
(1) The hirer shall
(i) furnish information and periodical returns and reports pertaining to the industry set up in the shed as required by the [Corporation or any other officer of the Corporation]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
connected with the affairs of the Industrial Estates where the shed is situated;
(ii) permit access in the shed to any person or persons authorised by the Corporation to inspect the industry; and
(iii) comply with instructions issued form time to time by the Corporation or any other officer of the Corporation connected with the affairs of the estates where the shed is situated.
(m) The hirer agrees that:-
(i) the land on which the aforesaid shed has been built shall be on lease hold basis as per Rajasthan Industrial Areas Allotment Rules, 1964;
(ii) the word 'shed' occurring in this agreement shall mean the structure excluding the land on which it is built;
(iii) the cost of shed shall be exclusive of the cost of land;
(iv) the hire purchaser shall execute a separate lease deed in favour of the Corporation and also pay lease money in ' respect of the land covered by the shed besides payment of hire purchase instalments fixed in respect of shed;
(v) that he shall pay to the owner during the period the shed remains in his possession before and after the payment of the cost of the shed has been made by him in instalment, service charges as are fixed by the owner in lieu of the services such as conservancy and street lighting to be rendered by him in the Industrial Estate where the shed is located. The owner shall be at liberty to revise these charges after every five years and the hirer agrees to pay to him such revised service charges without any objection whatsoever.
(n) Breach of any of the above conditions shall entitle the Corporation to terminate the allotments by giving one month's notice and to resume the possession of the shed thereafter.
### 3. The cost and expenses incidental to the preparation and execution of this agreement including stamp duty etc. shall be borne and paid by the hirer. ###
4. The hirer agrees that in case nay dispute arises with respect To The Subject Matter of This Agreement The Decision of the Director shall be final.
In witness where of the parties hereto have set their respective hands on the dates mentioned against their signatures:
### 1. Witness. ...........
.............
Dated
[Signature for and on behalf of the Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Added vide Notification dated 12-6-1970 (18-6-1970).]
Dated
Signed by the said hirer
### 2. Witness ..............
..............
Dated
Dated
To Form No. IE (8) --------------------
Hire Purchase Agreement
Shed No........in the Industrial Estate..............bounded on the North by ........... South by .......... East by ......... and West by ........on an area of.........sq. ft. having covered area of................................sq.ft. and a compound measuring ft. by ft. bounded by a wall and having the following in the compound.
(a) Block of bath measuring ft. by...............ft.
(b) Block of latrine measuring ft. by ft.
(c) Urinal measuring ft. by.ft.
Form No. IE (9) [See rule 11-1 (i)]
Form of option to be given by an Existing lessee of Shed Allotment of Shed on hire Purchase basis.
Form: .................
................
To
[The Managing Director, Rajasthan State Industrial Development and Investment Corporation Ltd., Jaipur.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
No....................
Dated........ 197......
Sub. - Option under Rule 11-A (i) of the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964.
Sir,
We/I/are/am in possession of shed No.................. in the Industrial Estate ........ since allotted to us on lease basis. We hereby give our option this day of 1970 under rule 11-A (i) of the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964, for allotment of this shed to us on hire purchase basis with effect from..........
We/I agree to abide by the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964.
Yours faithfully.
For M/s.........
Prop./Partner/Director/Managing Director.
Signed by Shri..........in my presence on...........
[Deputy Director (Infra) /Resident Engineer, Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
Copy to:-
Assistant Director, Industries/District Industries office/Manager, Industrial Estate...........
Form IE (10) [See rule 14 (3) (iv)]
Lease Deed for Allotment of Land
This lease made on the .......... day of......... 19, Between................(hereinafter called 'the lessee') which expression, shall unless, excluded by or repugnant to the context include his heirs, successors, executors, administrators and assigns, of the first part and [the Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
(hereinafter called the lessor') which expression shall unless, excluded by or repugnant to the context, include his successors in office and permitted assigns, of the second part.
Whereas the lessor has agreed to grant and the lessee has agreed to accept the lease of a plot of land measuring acres situated (name of place) and more particularly described in the schedule hereto hereinafter called the 'plot' upon the conditions hereinafter appearing.
Now This Indenture Witnesseth as follows:
### 1. That the lessor agrees to let the said plot and the lessee has agreed to occupy the said plot for a period of ninety-nine years on hereinafter specified for the purpose of setting up industry for which the lessee had applied under provisions of Rajasthan Industrial Areas Allotment Rules, 1957. ###
2. That the possession of the said plot is hereby delivered to the lessee.
### 3. That the population of the City/Town/Village where said plot is situated is below 10,000/ above 10,000 and less than 3 lacs/3 lacs and above and the lessee has agreed to pay the rent of the said plot at the rate of Rs. 15/- , Rs. 30/- Rs. 50/- per acre per year which amounts to Rs..........(Rupees ) in the case of the said plot. ###
4. That the lessee hereby covenants with the lessor as under:
(i) That the lessee shall duly pay the stipulated rent [land service charge are fixed by the lessor from time to time]
[Inserted by Notification dated 12-6-1970 (18-6-1970)]
of the said plot to the lessor or his authorised agent on or before the seventh day of each calendar year for which the rent is due at such place or places, as the lessor may, from time to time prescribed.
(ii) The rent as aforesaid excludes all kinds of taxes which the Municipal Board, Panchayat or any other Civic body has imposed or may impose during the period of lease in respect of the said plot and the lessee agrees to pay such taxes to the authorities concerned direct.
(iii) the lessee hereby agrees to pay the lessor along with the rent for the first year a further sum of Rs............(Rupees.........) by way of development charges in accordance with the provisions of rule 3(i)/(ii)/(iii) /(iv) of the Rajasthan Industrial Areas Allotment Rules, 1959.
(iv) The lessee shall set up in the said plot of land........industry for which land has leased to him by the lessor within a period of one year from the date of delivery of possession subject to the programme indicated below:
(1) construction i.s started on the plot within a period of three months from the date of delivery of possession:
(2) construction is completed within next six months of such period as is extended by the Director of Industries.
(3) Machinery is installed and production is started within next three months.
and in case of his failure to do so the said plot shall revert to the lessor unless the period of one year is extended by the lessor on valid grounds.
(v) The lessee shall construct, erect and build on the said plot of land only such buildings, sheds and structures as are required by him for setting up the industry, aforesaid.
(vi) The lessee agrees not to construct or build any structures or buildings on the said plot of land or on a portion of it which may have the object of suing it as a commercial under-taking other than for the industry aforesaid for which the said plot has been leased.
(vii) The lessee shall not sublet underlet or sell the said plot of land. He shall have the limited ownership on the said plot till the lease Subsists and shall have the right of assignment only for the purpose of taking a loan subject however to the condition mentioned in sub-clause (iv) above for the development of the industry for which the said plot has been leased to the lessee.
(viii) The annual rent as aforesaid shall be subject to revision after every thirty years and the enhancement in rent at each such revision shall not exceed 25% of the rent payable for the period immediately preceding such revision. The lessee hereby agrees to pay such enhanced rent to the lessor as a result of the revision aforesaid.
(ix) The lessee shall have an option to renew the said lease for a further period of ninety-nine years after expiry of the present term of lease.
(x) In case any default is made by the lessee in respect of any of the terms and conditions aforesaid, the said plot of land shall revert to the lessor and the lessee shall have to remove there from at his cost all the buildings and structures constructed by him thereon. In case of his failure to do so, the lessor shall have a right to dispose of the said structures and buildings in any way he like and to refund the proceeds to the lessee after recovering all the sums due to him from the lessee.
(xi) The lessee shall-
(1) furnish all information and periodical reports and returns pertaining to the industry set up in the shed as required by the Corporation or any other officer of the Corporation connected with the affairs of the Industrial Area where the plot is situated.
(2) permit access in the plot to any person or persons nominated by the Corporation to inspect running of the industry.
(3) comply with the instruction issued from time to time by the Corporation any other officer connected with the affairs of the Area where the plot is situated.
(4) the cost and expenses incidental to the preparation execution and registration of this lease including stamp duty shall be borne and paid by the lessee.
In witness where of the parties hereto have set their respective hands on the date mentioned against their signature:-
| | |
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1.
Witness. -
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1.[Signed for
and on behalf of the Rajasthan State Industrial Development and
Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
|
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2.
Witness. -
|
2. Signed by
the said lessee
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Dated............
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Dated.................................
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Schedule 2
------------
Plot of land measuring ........... area ........ being No........... bounded on the North by.............East by.......South by............ and West by...........situated in Industrial Estate.
[Form No. IE (11) ]
[New Form Nos. 11 to 13 added vide Notification dated 12-6-1970 (18-6-1970).]
[See rule 11 (A) (iv)]
Hire purchase agreement of a shed originally allotted on lease basis and Subsequently opted on hire purchase basis.
This agreement is made on the ................ day of............ 197 between M/s...............
\*(i) through their sole proprietor Shri ........... s/o aged ......... caste resident of
\*(ii) a partnership firm having:-
(1) Shri.........s/o..........aged..........caste r/o................
(2) (3)
as partners, through their authorised partner Shri..............s/o...... aged.........caste.........resident of..........
\*(iii) a limited or private limited Company, through its Managing Director Shri ......... s/o aged................ caste . resident of (hereinafter called the hirer) which term shall, unless excluded by or repugnant to the context, includes his heirs, successors, executors, administrators and assigns of the first part and the [the Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
(hereinafter called the owner) which expression shall unless excluded by or repugnant to the context, include his successors in office or permitted assigns of the second part.
Whereas the hirer who is already in possession of shed No............ situated in Industrial Estate............and more particularly described in the schedule annexed hereto, on lease basis and has now opted with effect from for allotment of the said shed on hire-purchase basis in accordance with Rule 11-A of the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964 and whereas the owner has agreed to provide him the said shed on hire-purchase basis according to the Rules mentioned hereinabove.
Now this deed witnesseth as follows:-
### 1. That the physical possession of the shed and not the title and other rights thereof, shall be treated to have been delivered to the hirer on hire-purchase basis with effect from .............. as opted by him in Form No. IE (9) . ###
2. That the hirer hereby covenants with the owner as under :-
(a) The hirer agrees that the initial instalment equivalent to 20% cost of the shed and annual hire-purchase instalment up to date of exercising option shall be adjusted against the rent paid by him for the period Subsequent to the date from which hire-purchase of shed is opted and the balance, if any, still due from him shall be paid within a period of two months from the date, demand is made by the Corporation, the remaining cost of the shed coupled with interest @ 6% per annum shall be payable by the hirer in annual instalments on such dates and places as are fixed by the Corporation provided that the entire cost of the shed is paid within a period of 15 years from the date, hire-purchase was enforced. On request of the hirer to be made in writing to the Corporation at least three months in advance of the due date expressing his inability to pay the instalment on due date for the reasons to be furnished by him, the Corporation or may if [it]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
deems proper, grant two months further extension.
(b) On payment of the instalment referred to in clause (a) above, for a period of 15 years and on compliance with the terms and conditions of this deed, the hirer shall be entitled to acquire ownership of the said shed on payment of a sum of Re. 1/- to the owner as a consideration for the exercise of the said option, on receipt of which the said hirer shall be deemed to become the full owner of the property demised and the owner shall be bound to convey, transfer and sell in consideration of the receipt of the instalment referred to, in clause (a) above, as well as, the amount received in respect of the option exercised by the hirer, and in consideration of the agreement to transfer the ownership of the said shed pursuant to this deed, up to the said hirer at his expenses by way of sale deed, all rights, title and interest heretofore vested in the owner and cause the same to be registered at the expenses and instance of the said hirer hereinafter becoming the owner of the said shed.
(c) In case of the failure of the hirer to pay any of the instalments within the prescribed time limit as mentioned in clause (a) above, the owner or his authorised agent or the [Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
shall be entitled to terminate this agreement. But before terminating this agreement, the authorities referred to above shall have to serve one month's notice on the hirer. In case instalment due is paid within the notice period such period shall be treated as a further extension over and above two months referred to above and additional interest @ 6% per annum shall be charged for the entire period for which default has been made, over and above the interest @ 6% per annum referred to in clause (a) above.
(d) The hirer shall not sub-let, under-let, mortgage or otherwise alienate or transfer or part with the possession of the shed or any right or interest therein till all the hire-purchase instalments have been paid except as provided hereunder:-
(i) The hire-purchaser can transfer the shed or any right or interest therein within a period of 10 years from the commencement of hire-purchase with the prior permission of the Corporation in writing and on payment in lump sum of twice cost of the shed recoverable on hire-purchase basis or the market value of the shed (to be determined in consultation with the Public Works Department or any other appropriate authority of the State Government) whichever is higher. The amount already paid by the hirer to the owner in the form of hire-purchase instalments excluding interest shall be adjusted.
(ii) the hire-purchaser can transfer the shed or any right or interest therein Subsequent to the period of ten years referred to in sub-clause (i) above, with the prior permission of the Corporation in writing and on payment of remaining costs in lump sum.
(e) The hirer shall exclusively utilise the said shed for setting up the industry for which permission has been accorded or may hereinafter be accorded by the Corporation and shall start production in said shed within a period of six months from the date of transfer of possession in hirer. The Corporation may, however, at the request of the hirer extend this time limit for a period of three months.
(f) The hirer shall during the period of 15 years keep the shed in a condition of good repairs. In the event of failure of the hire to do so, the owner shall get the same repaired and recover the cost from the hirer, who shall pay such amount of repairs within a period of one month of the receipt of notice to make such payment and any failure to pay will constitute a breach of the terms and conditions of this agreement.
(g) The hirer shall, till all the instalments referred to in clause (a) are paid, keep the shed insured if the name of the Director of Industries against loss or damage by fire and all other risk as the Corporation may require in the sum of Rs................. (cost of shed) in an approved Insurance Company and shall deposit with the Corporation all such Insurance policies and receipts for payment of the premium.
In case, however, of destruction by fire or material demolition, thereof whether by act of nature or otherwise of the shed the own shall re-built, re-correct or effect such major repairs within six month of such destruction and such shall be entitled to receive the amount of claim from the Insurer.
In case the shed does not stand insured at the time the accident occurs, the hirer agrees to compensate the owner to the extent of the cost of the shed irrespective of the amount of instalment already paid by him.
(h) All the taxes, water and electricity and other dues including the property tax payable on the said shed shall be paid by the hirer.
(i) The hirer agrees that ever after the rights, title and ownership of the said shed has been transferred to the hirer by the owner on payment of all the instalments and other dues arising out of this agreement, the shed shall be exclusively used for the purpose of small scale industry for which it has been provided and for no other purpose.
(j) The real object of the allotment of shed being the development of Industries in Rajasthan, the owner shall be entitled to terminate this agreement if at any time time during the period of 15 years, of hire or thereafter when the ownership has been transferred to hirer, it is found that the hirer has suspended the manufacturing operations for a period exceeding six months and in that case he shall resume the possession of the shed by giving one month's notice to the hirer.
(k) The hire-purchaser shall abide by the provisions of the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964.
### 1. The hirer shall:- (i) furnish information and periodical returns and reports pertaining to the industry set up in the shed as required by the Corporation or any other officer of the Corporation connected with the affairs of the Industrial Estates where the shed is situated;
(ii) permit access in the shed to any person or persons nominated by the Corporation to inspect the industry; and
(iii) comply with instructions issued from time to time by the Corporation or any other officer connected with the affairs of the Estate where the shed is situated.
### 2. The hire-purchaser agrees that:- (i) the land on which the aforesaid shed has been built shall be on lease basis as per Rajasthan Industrial Areas Allotment Rules, 1959.
(ii) the word 'shed' occurring in this agreement shall mean the structure excluding the land on which it is built.
(iii) the cost of shed shall be exclusive of the cost of land:
(iv) the hire-purchaser shall execute a separate lease deed in favour of the Corporation and also pay lease money in respect of the land covered by the shed besides payment of hire-purchase instalments fixed in respect of the shed.
(v) that he shall pay to the owner during the period the shed remains in his possession before and after the payment of the cost of the shed has been made by him in instalments, service charges as are fixed by the owner in lieu of the services such as conservancy and street lighting to be rendered by him in the Industrial Estate where the shed is located.
The owner shall be at liberty to revise these charges after every five years and hirer agrees to pay to him such revised services charges without any objection whatsoever.
Breach of any of the above conditions shall entitle the Corporation to terminate the allotments by giving one month's notice and to resume the possession of the shed thereafter.
### 3. The cost and expenses incidental to the preparation and execution of this agreement including stamp duty etc. shall be borne and paid by the hirer. ###
4. The hirer agrees that in case, any dispute arises with respect to the subject-matter of this agreement, the decision of the Corporation shall be final.
In witness whereof the parties hereto have set their respective hands on the dates mentioned against their signatures:
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| --- | --- |
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Dated:
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Dated:
|
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1.
Witness:
...............
...............
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1.[Signature
for and on behalf of the Rajasthan State Industrial Development
and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
|
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2.
Witness:
.............
.............
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2.
Signature of the said hirer.
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Schedule 3
------------
Shed No.......... in the Industrial Estate........... bounded on the North by.......... South by........... East by...... and West by on an area ft. X ft. having covered area of.......................... sq ft. and a compound measuring.............ft. X........ft. bounded by a wall and having the following in the compound :-
(a) Block of Bath measuring..........ft.............. X............ft.
(b) Block of latrine measuring..........ft........X..........ft.
(c) Urinal measuring..........ft.........X........ft.
[Form No. IE (12) ]
[Added vide Notification dated 12-7-1970 (18-6-1970).]
[See rule 13 (i) ]
Form : M/s..............
..................
..................
To,
[The Managing Director, Rajasthan State Industrial Development and Investment Corporation Ltd., Jaipur.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
No. ...........................
Dated ......................... 197.........
Sub.- Option under rule 13 of the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964.
Sir,
We are in possession of shed No..................in the Industrial Estate, since.................. allotted to us on lease basis. We hereby give our option this ........... day of 197 , under Rule 13 of the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964 for allotment of this sheds to us on out-right sale basis.
We agree to abide by the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964.
Yours faithfully.
For M/s..................
Proprietor/Partner Director/Managing Director
Signed by Shri...............in my presence.
Signature of:
[Deputy Director (Infra) /Resident Engineer, Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
C. C. to:
### 1. The Assistant Director of Industries. ###
2. The District Industries officer.
### 3. The Manager, Industrial Estate. Signature]
[Form No. IE (13) [Added vide Notification dated 12-6-1970(18-6-1970).]
]
[See rule 14 (4) ]
Lease deed in respect of land covered by sheds allotted on hire-purchase basis, out-right sale basis
This lease made on.............day of...........between M/s.............
\*(i) thorough their sole proprietor Shri s/o aged....................... caste resident of..................
\*(ii) a partnership firm having:-
### 1. Shri s/o aged caste resident of...................................... ###
2.
..............
### 3. ..............
as partners, thorough their authorised partner Shri s/o.....................aged...........caste ...........
\* Delete which inapplicable.
(iii) a limited Company or a private limited company through its Managing Director Shri.............s/o aged caste........................... resident of ........ (hereinafter called the lessee) which expression shall, unless excluded by or repugnant to the context, include his heirs, successors, executors, administrators and assigns of the first part and the [the Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Delete which inapplicable.]
(hereinafter called the lessor) which expression shall, unless excluded by or repugnant to the context, includes his successors in office and permitted assigns of the second part.]
Whereas the lessee has taken a factory shed No............... in the Industrial Estate............ from the lessor for the purpose of establishment and running of a small scale industry of manufacturing-
hire-purchase basis
on........................
out-right sale basis
in accordance with the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964.
And whereas it has been agreed between the lessor and the lessee that the plot of land covered by the said shed shall be on lease basis with the lessee according to the Rajasthan Industrial Areas Allotment Rules, 1959.
Now this deed witnesseth as Follows:
### 1. That the possession of the said plot has been delivered to the lessee alongwith the possession of the shed with effect from.......... ###
2. That the population of the City/Town/Village, where the said plot is situated is below 10000/above 10000/less than 3 lacs/3 lacs and above, and the lessee has agreed to pay the rent of the said plot at the rate of Rs. 15/-, Rs. 30/-, Rs. 50/- per acre per year which amount to Rs............in the case of the said plot.
### 3. That the lessee hereby covenants with the lessor as under:- (i) that the lessee shall duly pay the stipulated rent of the said plot to the lessor or his authorised agent annually in advance within a month of its failing due at the place or places as the lessor may from time to time prescribe.
(ii) that the rent of the said plot shall be payable from the date mentioned in clause (1) above.
(iii) the rent as aforesaid excludes all kinds of taxes imposed or may hereinafter to be imposed by the Government or any local or other authorities during the period of lease in respect of the said plot and the lessee hereby agrees to pay such taxes to the authorities concerned directly.
(iv) the annual rent as aforesaid shall be subject to revision after every thirty years and the enhancement in rent at each such revision shall not exceed 25% of the rent payable for the period immediately preceding such revision. The lessee hereby agrees to pay such enhanced rent to the lessor as a result of the revision aforesaid.
(v) the lessee agrees that the term of the lease is co-extensive with the term of the allotment of shed hire-purchase basis.
on........................................As and when the allotment of shed.
out-right sale basis.
hire-purchase basis.
on........................................Cases to exist, the lease of the said
out-right sale basis.
plot shall also stand terminated simultaneously and the possession of the said plot shall stand reverted to the lessor simultaneously.
(vi) other conditions shall be the same as have been embodied in the hire purchase agreement executed by the lessee separately.
(vii) the lessee further agrees to abide by the provisions of the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estates) Rules, 1964.
(viii) In case any default is made by the lessee in respect of any of the terms and conditions aforesaid, the said plot of land shall revert to the lessor and the lessee shall have to remove therefrom at his cost all the buildings and structures constructed by him thereon. In case of his failure to do so, the lessor shall have a right to dispose of the said structures and buildings in any way he like and to refund the proceeds to the lessee after recovering all the sums due to him from the lessee.
### 4. The cost and expenses incidental to the preparation, execution and registration of this lease including stamp duty shall be borne and paid by the lessee. ###
5. The hirer agrees that in case any dispute arises with respect to the subject-matter of this agreement the decision of the Corporation shall be final.
In witness whereof the parties here to have set their respective hands on the date mentioned against their names:-
Witness :
### 1. [Signed for and on behalf of the Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
Witness :
### 2. Signed by the lessee. Schedule 4
------------
All the piece of land measuring...........sq. ft. covered by shed No. .......... bounded on the North by........... South by........... East by and West by . situated in Industrial Estate, Tehsil and District.......]
[Form No . I.E.(14) ]
[Added vide Notification dated 7-5-1974 (14-5-1974)]
Out-Right Sale Agreement of Sheds in Industrial Estates
[See rule 13 (v) ]
Sale Deed
This deed of sale is made on the ................ the day of.......... Nineteen hundred seventy four between [Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
hereinafter called the Vendor which expression shall unless excluded by or repugnant to the context include his successors in office or permitted assigns to the first part and M/s (1) through their sole Proprietor Shri son of aged caste..........................resident of........(2) Partnership firm having (1) Shri ......... son of ......... aged ...... caste ......... resident of and (iii) son of...................aged.......caste......... resident of as partners, through their partner Shri ............... son of aged ............. caste resident of....... (3) A limited or private limited company through its Managing Director Shri ................ son of ........ aged ....... caste.............. resident of (hereinafter called the 'Vendee' which term shall unless excluded by or repugnant to the context include his heirs, successors, executor, administrators and assigns of the second part.
Whereas the Vendee who is already in possession of Shed No..................... situated in Industrial Estate ........... and more particularly described in the Schedule hereto on lease basis and has now opted with effect from for allotment of shed on out-right sale basis in accordance with Rule 13 of the Rajasthan State Aid to Industries (Allotment of Sheds in Industrial Estate) Rules, 1964 and the Vendor has agreed to allot the same on out-right sale basis. And whereas it has been agreed between the Vendor and the Vendee that the part of land covered by aforesaid shed shall be on lease basis under the Rajasthan Industrial Areas Allotment Rules, 1959 in favour of the Vendee.
Now this deed witnesses as under :-
### 1. That the Vendor hereby convey, transfer and sell all the right, title and interest heretofore vested in the Vendor of the shed No..........situated in Industrial Estate particularly more described in the schedule annexed hereto with effect from in favour of the Vendee for a consideration of Rs.............(Rupees..........) only. ###
2. That the consideration money of Rs...............(Rupees ..........) only has been paid by the Vendee to the Vendor the receipt of which the Vendor hereby acknowledges.
### 3. That the physical possession of the shed shall be treated to have been delivered to the Vendee on outright sale basis with effect from ..........as opted by the Vendee. ###
4. That the land on which the aforesaid shed has been built shall be on lease basis with the Vendee. The Vendee has executed a registered lease deed for the same in favour of the Vendor, the owner of the land.
### 5. That the Vendee shall be the absolute owner of the aforesaid demised shed. ###
6. That the shed shall be used for setting and running of a small scale industry for which it is allotted and for no other purpose.
### 7. That additions and alterations, if any, may be made in the shed by the Vendee at his cost with the prior permission of the Corporation. ###
8. That the Vendee shall not let, under-let or otherwise alienate or transfer or part with the shed or any right, interest therein except as provided hereunder :
(i) The shed can be transferred within a period of ten years from the date of allotment with the prior approval of the Corporation in writing and on payment in lump sum of twice the cost of the shed or the market value of the shed to be determined in consultation of Public Works [Dy. Director (Infra)/Resident Engineer of the Corporation]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
or any other authority of the Government whichever is higher. The cost already paid will be adjusted against this amount.
(ii) That shed can be transferred after ten years from the date of allotment without any further payment towards cost with the prior permission of the Corporation:
Provided further that the Vendee shall have the right to mortgage the demised shed and to assign or mortgage the leasehold rights demised in respect of the land covered by the shed in favour of a financial Institution or any Bank and said financial Institutions or institutions or Bank will be at liberty to enforce their rights as Mortgagee under the law and convey a good title to the demised property.
### 9. That all the taxes, water and electricity charges and other dues including the Property tax payable on the said shed shall be paid by the Vendee. ###
10. That the Vendee shall pay to the Vendor service charges as are fixed by the Vendor in lieu of the services such as conservency and street lighting to be rendered by him in the Industrial Estate where the sheds is located.
### 11. That in case any default is made by the Vendee in respect of any of the terms & conditions as aforesaid the said plot of land covered by shed shall revert to the Corporation and the Vendee shall have to remove therefrom at his cost all the building and structures, provided that in case the Vendee has mortgaged the aforesaid shed and assigned or mortgaged the leasehold rights of the land covered by the shed as mentioned in clause VIII, the same shall be vested in the Mortgagee. ###
12.
That the cost of Stamps and registration of the deed shall be borne and paid by the Vendee.
In witness whereof the parties hereto have set their respective hands on the date mentioned against their signatures.
[Signature for and on behalf of the Rajasthan State Industrial Development and Investment Corporation Ltd.]
[Substituted by Amendment Notification No. F 4(56) , Ind/Gr. 1/79 dated 29-5-1980; R.G. Extraordinary, Part IV-C(I). dated 3-6-1980, Page 81(1).]
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| --- | --- |
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Witnesses :
|
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1
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Vendee.
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2
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Vendor.
|
of The Shed
-------------
Shed No.........in the Industrial Estate..........bounded on North by.........on South by.........on East by........and on the West by on an area of Sq. Yds/Ft. having covered area......................... Sq. ft. and a compound measuring ft. by ft. bounded by a wall having the following in the compound:-
A-Block of bath measuring............
B-Block of latrine..........
C-Urinals block measuring..............]
|
65b9a031ab84c7eca86e97c3 | acts |
State of Haryana - Act
------------------------
The Punjab New Mandi Townships (Development and Regulation) Act, 1960
-----------------------------------------------------------------------
HARYANA
India
The Punjab New Mandi Townships (Development and Regulation) Act, 1960
=======================================================================
Act 2 of 1960
---------------
* Published on 5 January 1960
* Commenced on 5 January 1960
The Punjab New Mandi Townships (Development and Regulation) Act, 1960
Punjab Act
No. 2 of 1960
Statement of Objects and Reasons. - As a result of increased agricultural facilities from the newly constructed Bhakra Canals and expectation of additional production of agricultural commodities, it is proposed to establish several market towns at convenient centres for the sales of surplus agricultural produce and for the establishment of ancillary industries. It is further proposed to design and develop these Mandis as Model Towns where people can live and carry on their business in pleasant and healthy surroundings free from congestion and squalor. To some extent the development of these towns will be on the lines of market towns of Colony District of West Pakistan, e.g. Arifwala, Burewala, Vihari, Khanewal (Multan) , Mandi Bahaud-Din (Gujarat), Phullarwan, Bhalwal and Sillanwali (Sargodha), but profiting by the experience of these towns it is proposed to avoid their defects and drawbacks.
The Bhakhra Dam and its canals have already come to be regarded as a model of Engineering skill. It is hoped that the Mandis based on them will also become outstanding examples of a better way of life among the people. This Bill is designed to provide the requisite power for the proper planning, regulation and development of these towns as model habitations.
Published vide Punjab Government Gazette, 1958, Page 1472-73.
Received the assent of the Governor of Punjab on the 5th January, 1960 and was first published for general information in the Punjab Government Gazette (Extraordinary) dated the 8th January, 1960.
An Act to provide for the development and regulation of New Mandi Townships in Punjab.
Be it enacted by the Legislature of the State of Punjab in the Tenth year of the Republic of India as follows :-
### 1. Short title, extent and commencement.
(1) This Act may be called the Punjab New Mandi Townships (Development and Regulation) Act, 1960.
(2) It extends to the whole of the State of Punjab.
(3) It shall come into force at once.
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(a) "Administrator" means any person designated by the State Government by notification in the official gazette for performing the functions of an Administrator under this Act;
(b) "amenity" includes roads, water-supply, street lighting, drainage, sewerage, cattle-sheds, warehouses, public lavatories, bath rooms, Public buildings, horticulture, landscaping and any other public utility as may be prescribed;
(c) "building" means any construction or part of a construction which is intended to be used for residential, commercial, industrial or other purposes, whether in actual use or not and includes any out-house, structure, stable, cattle shed, garage, hut, platform and plinth;
(d) "Commissioner" will have the meaning assigned to him in the Colonization of Government Lands (Punjab) Act, 1912;
(e) "erect or re-erect any building" includes -
(i) any material alteration or enlargement of any building,
(ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation,
(iii) the conversion into more than one place for human habitation of a building originally constructed as one such place,
(iv) the conversion of two or more places of human habitation into a greater number of such places,
(v) such alterations of a building as affect an alteration of its drainage or sanitary arrangements, or materially affect its security,
(vi) the addition of any rooms, buildings, out-houses or other structures to any building,
(vii) the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land, and
(viii) the construction of any overhanging structure over any street or Public place or the enclosing of any space intended to be kept open;
(f) "new mandi township" means any area declared to be new mandi township by the State Government under sub-section (1) of section 3;
(g) "occupier" means a person, including a firm or other body of individuals, whether incorporated or not, who occupies a site or building transferred under this Act, and includes his successors and assigns;
(h) "prescribed" means prescribed by rules made under this Act;
(i) "site" means any land which is transferred by the State Government under section 3;
(j) "transferee" means a person (including a firm or other body of individuals, whether incorporated or not) to whom a site or building is sold, leased or transferred in any manner whatsoever under this Act, and includes his successors and assigns.
### 3. Power of State Government to declare New Mandi Township and to transfer land and building therein.
(1) The State Government may, from time to time, by notification in the official gazette, declare any area to be a new mandi township for the purposes of this Act to be known by such name as may be specified in the notification.
(2) Subject to the provisions of sub-section (4), the State Government may sell, lease or otherwise transfer, whether by auction, allotment or otherwise, any site or building belonging to the State Government in any new mandi township on such terms and conditions as may be prescribed.
[(3) The consideration money for any transfer under sub-section (2) shall be paid to the State Government in such manner, in such instalments and at such rate of interest as may be prescribed.
(4) Notwithstanding anything contained in any other law for the time being in force, a site or building or both as the case may be, shall continue to belong to the State Government until the entire consideration money together with interest and other amount, if any, due to the State Government on account of the sale of such site or building or both under sub-section (2), is paid.
(5) Until the conditions prescribed are fulfilled, the transferee shall not transfer his rights in the site or building except with the previous permission of the Administrator, which may be granted on such terms and conditions, which he may deem fit.]
[Substituted by Haryana Act No. 10 of 1973.]
### 4. Bar to erection or alteration of buildings in contravention of building rules.
(1) No person shall erect or re-erect or occupy wholly or partly any building or use or develop any site or building in contravention of any rules made under sub-section (2) and without the previous permission in writing of the Administrator.
(2) The State Government shall, by notification in the official gazette, make rules to regulate the erection or re-erection of buildings and use of sites, and such rules may provide for all or any of the following matters :-
(a) notice to build and procedure for submission of building applications with building and site plans;
(b) use of site and the type and character of building and the number of self-contained units that may be erected on any site;
(c) extent of site coverage and space about buildings and the prescription of a building line;
(d) the minimum dimensions and superficial area required for various parts of the building designed for different purposes and the minimum provision of doors and windows for securing ventilation and circulation of air;
(e) the maximum height of any building and the total number and height of storeys in a building;
(f) the means to be provided for ingress and egress to any building for prevention of fire;
(g) the extent of architectural control on the various units of the building and the portions of such architectural units; including compulsory building line along which, and compulsory height up to which, building shall be completed within a specified and reasonable time;
(h) the specification of materials and dimensions for any building to ensure structural stability;
(i) the materials and methods of construction for drains and sewers and for the provision and use of connection between private and public drains and sewers and the procedure for submission of plans;
(j) Supervisors and Architects for design and erection of any buildings and the qualifications which such persons shall possess;
(k) notice and certificate of completion of buildings or parts thereof;
(l) any other matters for the proper use and development of sites and the use, alteration and erection of buildings thereon.
### 5. Administrator's powers to sanction or refuse erection of buildings and presumption of sanction.
(1) The Administrator shall refuse to sanction the erection of any building in contravention of any rules made under sub-section (2) of section 4.
(2) The Administrator shall in every case, communicate the sanction or rejection of a building application within sixty days of its receipt.
(3) Where no communication is received by the applicant from the Administrator within the period specified in sub-section (2), the application shall be deemed to have been sanctioned and the applicant may, after giving fifteen days' notice to the Administrator, erect or re-erect the building in accordance with the building application submitted by him to the Administrator for sanction notwithstanding that such erection or re-erection contravenes the rules made under section 4 :
Provided that when the Administrator modifies the building application within such fifteen days and communicates the modification to the applicant the applicant shall erect or re-erect the building in accordance with such modification.
### 6. Power of Administrator to stop unauthorised building operations and penalty for breach and disobedience.
- Where the erection or re-erection of a building has been commenced without sanction or is being carried on as such or in contravention of the terms of any sanction, the Administrator may, by a notice to be served on the owner, or by affixing it at the site or on the building, direct that the building operations be discontinued.
### 7. Power of Administrator to direct modification of sanctioned plan of a building before its completion.
- If at any time before the completion of a building of which the erection or re-erection has been sanctioned under section 5, the Administrator finds that any modification of the sanctioned plan is necessary, he may direct that the building be modified accordingly, subject to payment of compensation by the State Government for any loss incurred by owner on account of such modification.
### 8. Lapse of sanction after one year from the date of such sanction.
- Every sanction for erection or re-erection of any building given or deemed to have been given shall be valid for one year from the date of such sanction or for such longer period as the Administrator may allow
Provided that the erection or re-erection of the building not commenced within one year, and completed within two years or such longer period as may have been allowed, the sanction shall be deemed to have lapsed, but such lapse shall not bar any subsequent application for fresh sanction.
### 9. Power to require proper maintenance of site or building.
- If it appears to the Administrator that the condition or use of any site or building is prejudicially affecting the proper planning of any part of the new mandi township, or its amenities, or the health or interests of the general public, he may serve on the transferee or occupier of the site or building notice requiring him to take such steps and within such period as may be specified in the notice and thereafter to maintain it in such a manner as may be specified therein.
### 9A. [ Provision of amenities.
[Added by Haryana Act No. 45 of 1974]
- The State Government may provide the amenities on such terms and conditions as may be prescribed].
### 10. Levy of fees for amenities.
- For the purpose of providing, maintaining or continuing any amenity in the new mandi township, the State Government may levy such fees as it may consider necessary in respect of any site or building on the transferee or occupier thereof.
### 11. [ Imposition of penality and mode of recovery of arrears.
[Substituted by Haryana Act No. 10 of 1973.]
(1) Where any person makes default in the payment of any rent due in respect of any lease of any site or building or both, as the case may be under Section 3, or any fees under Section 10, the Administrator may direct that in addition to amount of arrears, a sum not exceeding that amount shall be recovered from the person by way of penalty :
Provided that no such direction shall be made unless the person affected thereby has been given a reasonable opportunity of being heard in the matter.
(2) Where any person makes default in the payment of any amount, being the arrears or penalty, or both, directed to be paid under sub-section (i), such amount may be recovered from him, in the same manner as an arrears of land revenue.]
### 12. [ Imposition of penalty in case of non-payment of consideration Money.
[Substituted by Haryana Act No. 10 of 1973.]
(1) Where any transferee makes default in the payment of any consideration money or any instalment on account of the sale of any site or building, or both, under Section 3, the Administrator may, by notice in writing, call upon the transferee to show cause within a period of thirty days, why a penalty (which shall not exceed ten per centum of the amount due from the transferee) be not imposed upon him.
(2) After considering the cause, if any, shown by the transferee and after giving him a reasonable opportunity of being heard in the matter, the Administrator may, for reasons to be recorded in writing, make an order of imposing the penalty and direct that the amount of money due along with the penalty shall be paid by the transferee, within such period as may be specified in the order.]
### 13. [ Resumption and forfeiture for breach of conditions of transfer.
[Substituted by Haryana Act No. 10 of 1973.]
(1) If the transferee fails to pay the amount due together with the penalty, in accordance with the order made under sub-section (2) of Section 12, or commits a breach of any other condition of such sale, Administrator may be notice in writing, call upon the transferee to show cause, within a period of thirty days, why an order of resumption of the site or building, or both, as the case may be and forfeiture of the whole or any part of the money, if any paid in respect thereof (which in no case shall exceed ten per centum of the total amount of the consideration money, interest and other dues payable in respect of the sale of the site or building, or both) should not be made.
(2) After considering the cause, if any, shown by the transferee in pursuance of a notice under sub-section (1) and any evidence that he may produce in support of the same and after giving him a reasonable opportunity of being heard in the matter, the Administrator may, for reasons to be recorded in writing, make an order resuming the site, or building, or both, as the case may be, so sold and directing the forfeiture as provided in sub-section (1) of the whole or any part of the money paid in respect of such site].
### 14. Penalty for breach of the provisions of the Act or rules thereunder.
(1) Except as otherwise provided in this Act, any contravention of the provisions of this Act or the rules made thereunder shall be punishable with fine which may extend to five hundred rupees and, in the case of continuing contravention, with an additional fine which may extend to fifty rupees for each day during which such contravention continues after the first conviction.
(2) If a building is begun, erected or re-erected in contravention of any of the rules made under sub-section (2) of section 4, the Administrator shall be competent to order the building to be altered or demolished by a written notice served on the owner thereof within six months of such commencement, erection or re-erection. Such notice shall also specify the period not being less than fifteen days during which such alteration or demolition must be made and, if the notice is not complied with, the Administrator shall be competent to demolish the said building at the expense of the owner :
Provided that the Administrator may, instead of requiring the alteration or demolition of any such building, accept by way of composition such sum as he may deem reasonable.
### 15. Exemption.
- Nothing in this Act shall apply to -
(a) [ any building erected or re-erected for bona fide personal residential purposes and not above the height of 11 meters or for purposes subservient to agriculture in the abadi area of any village as defined in the revenue record:
[Substituted by Haryana Act No. 3 of 2000.]
Provided that no such building shall be used for commercial purposes;]
(b) the erection or re-erection of a place of worship or a tomb or cenotaph or of a wall enclosing a grave-yard, place of worship, cenotaph or samadhi on land which is, at the time of the notification [under sub-section (1) of Section 3]
[Substituted by Haryana Act No. 3 of 2000.]
, occupied by or for the purposes of such place of worship, tomb, smadhi, cenotaph or graveyard;
(c) Excavations (including wells) or other operations made in the ordinary course of agriculture;
(d) the construction of an unmettaled road intended to give access to land solely for agricultural purposes;
(e) [ Any area falling within the limits of local authority.]
[Added by Haryana Act No. 22 of 1999.]
### 16. Powers of entry on buildings or land.
(1) The Administrator may, after giving four days' notice to the occupier, or if there be no occupier, to the owner of the building or land authorise any person -
(a) to enter on and to survey and to take levels or measurements of any building or land,
(b) to enter into any building or on any land to ascertain whether any building is being or has been erected without sanction or in contravention of any sanction or the rules made under this Act and to take such measurements as may be necessary for this purpose.
(2) The entry contemplated in clauses (a) and (b) of sub-section (1) shall be between sunrise and sunset.
### 17. Partial exclusion of jurisdiction of Municipal Committees, Panchayats and Town Improvement Trusts in new mandi townships.
(1) If any new mandi township or a part thereof lies within the limits of a municipality, notified area, Gram Panchayat area or local area, under the Punjab Town Improvement Act, 1922, the State Government may, by notification in the official gazette, direct that any or all the powers under the Punjab Municipal Act, 1911, the Punjab Gram Panchayat Act, 1952, or the Punjab Town Improvement Act, 1922, as are relevant to the purposes of this Act, shall, subject to such conditions and restrictions as may be specified in the notification, cease to operate in such new mandi township or a part thereof, and the Municipal Committee, the President or any officer of the Committee, the Gram Panchayat or the Town Improvement Trust, as the case may be, shall thereafter cease to have jurisdiction over that new mandi township or a part thereof, as the case may be, in respect of such powers.
(2) The provisions of the Punjab Municipal Act, 1911, the Punjab Gram Panchayat Act, 1952, and the Punjab Town Improvement Act, 1922, in so far as they are inconsistent with the provisions of this Act shall not apply to a new mandi township or a part thereof.
### 18. Procedure for prosecution.
- No court shall take cognizance of any offence under section 14 except on the complaint of, or upon information received by the Administrator or any other person authorised by him in this behalf.
### 19. [ Bar of Jurisdiction.
[Substituted by Haryana Act No. 10 of 1973.]
- No court shall have jurisdiction to entertain any suit in respect of any proceedings for the recovery of any arrears or penalty under Section 11 or Section 12 or in respect of the resumption of any site or building, or both, under Section 13 or the forfeiture of any money under Section 13 or in respect of any order made by the State Government or any other authority in the excise of any power conferred by or under this Act.]
### 20. Protection of action taken in good faith.
- No suit, prosecution or other legal proceeding shall lie against the Administrator or any other officer or authority for any thing done or intended to be done in good faith in pursuance of this Act or rules or orders made thereunder.
### 21. Delegation.
(1) The State Government may, by order direct that any power exercisable by it or by the Administrator under this Act shall also be exercisable by such officer not below the rank of a Naib-Tahsildar and subject to such conditions, if any, as may be specified in the order.
(2) The Administrator may delegate all or any of his powers under this Act to any officer not below the rank of a Naib-Tahsildar of the State Government or any other authority subject to such conditions as may be specified by the Administrator.
### 22. Power to exclude application of Act to certain new mandi townships.
- If the State Government is of the opinion that it is not in public interest to develop a new mandi township it may, by notification, declare that the provisions of this Act shall cease to apply to such new mandi township from such date as may be specified in such notification.
### 23. [ Power to include fully or partially developed new mandi townships within limits of local authorities.
[Substituted by Haryana Act No. 32 of 1971.]
(1) If the State Government is of the opinion that any new mandi township or a part thereof has been fully or partially developed in accordance with the provisions of this Act and the rules made thereunder, it may, by notification in the Official Gazette, include such new mandi township or a part thereof within the local limits of any local authority from such date and on such conditions as may be specified in the notification, and thereupon the provisions of this Act and the rules made thereunder shall cease to apply to such new mandi township or part thereof, and the provisions of law for the time being in force relating to such local authority shall apply in relation thereto :
Provided that the State Government may direct that the works relating to water supply and sewerage disposal shall be maintained by it and the expenses incurred for the maintenance of such works shall be paid, within such time as the State Government may fix, by the local authority.
(1A)
[ Notwithstanding anything contained in sub-section (1) , where any area in a new mandi township has been fully or partially developed, the State Government may, by notification transfer, from such date and on such conditions, as may be specified in the notification, roads, parks and open spaces therein, to the local authority within whose jurisdiction the area so developed is situate, and on such transfer the same shall be maintained by the local authority;]
(2) While issuing a notification under [sub-section (1) or sub-section 1-A]
[Inserted by Haryana Act No. 10 of 1978.]
the State Government may direct the local authority that the use of sites mentioned in the layout plan approved under the provisions of this Act and the rules made thereunder shall not be altered by the local authority without prior concurrence of the State Government.]
### 24. Certain Sales to be deemed to be sales under this Act.
(1) Every sale of land made to any person in a new mandi township in pursuance of the Punjab Government, Agriculture Department Notification No. 359-D(M)-57/884, dated the 5th March, 1957, shall be deemed to have been made to such person under the provisions of this Act, and as from the commencement of this Act in such new mandi township, the provisions of the Colonisation of Government Lands (Punjab) Act, 1912, shall cease to apply to such sale of land and all the provisions of this Act and the rules or orders made thereunder shall apply accordingly in respect thereof :
Provided that such rules or orders shall not be inconsistent with the terms and conditions on which such sale has already been made.
(2) The sales of land made for establishing the new mandi township of Bhatinda in the month of June, 1956, and in the new mandi township of Shutrana in the months of July and August, 1956, shall be deemed to have been made under this Act and all the provisions of this Act and the rules or orders made thereunder shall apply accordingly to such sales :
Provided that such rules or orders shall not be inconsistent with the terms and conditions on which such sales have already been made.
### 25. Power to make rules.
- The State Government may, by notification in the official Gazette, make rules prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and in particular prescribing -
(a) the terms and conditions on which any land or building may be transferred by the State Government under this Act;
(aa) [terms and conditions for providing amenities]
[Added by Haryana Act 45 of 1974.]
(b) the manner in which consideration money for transfer may be paid;
(c) the rate of interest payable and the procedure for payment of instalments, interest, fees, rents or others dues payable under this Act;
(d) the terms and conditions under which the transfer of any right in any site or building may be permitted;
(e) the levy of fees under section 10;
(f) the terms and conditions for the breach of which any site or building may be resumed;
(g) the form of notice and the manner in which notices may be served;
(h) the form and manner in which appeals and applications under this Act may be filed and the Court-fees leviable on such appeals and applications;
(i) any other matter which has to be or may be prescribed.
|
65bac9b7ab84c7eca86ec83e | acts |
State of Jammu-Kashmir - Act
------------------------------
The Prisons Act, 1977
-----------------------
JAMMU & KASHMIR
India
The Prisons Act, 1977
=======================
Act 31 of 1977
----------------
* Published on 11 September 1920
* Commenced on 11 September 1920
The Prisons Act, 1977
(Act
No. 31 of 1977
)
[Sanctioned by His Highness the Maharaja Sahib Bahadur per Chief Minister's endorsement No. 8372, dated 11th September, 1920 read with State Council Resolution No. 1, dated 8th April, 1925. (Notification No. 14-L/81.]
An Act to amend the law relating to Prisons.
Whereas it is expedient to amend the law relating to prison in the State and to provide rules for the regulation of such persons; it is hereby enacted as follows
Chapter-I Preliminary.
### 1. (1) This Act may be called the Prisons Act, 1977.
(2) It extends to the whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978.
### 2. Omitted.
### 3. Definitions.
- In this Act- (1) "prison" means any jail or place used permanently or temporarily under the general or special orders of [the Government]
[In section 3(1) . 5, 6. 7, 11(2), 38, 41, 46, 56, 59. 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
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 Government]
[In section 3(1) , 5, 6. 7, 11(2), 38, 41, 46, 56, 59. 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
under section 541 of the Code of Criminal Procedure;
(c) any place which has been declared by [the Government]
[In section 3(1) , 5, 6. 7, 11(2), 38, 41, 46, 56, 59. 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
, 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, or under the Prisoners Act, 1977;
(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 marks to and the consequent shortening of sentences of prisoners in jails;
(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) ["Inspector General"]
[Substituted by Act II of 185, section 2.]
means [the officers for the time being appointed by the Government as]
[In section 3(7) words with backes added by Act X of 1996.]
the Inspector General of prisons;
(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 this Act.
Chapter-II Maintenance and Officers of Prisons.
### 4. Accommodation for prisoners.
- The Government shall provide, for the prisoner in the State, accommodation in prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respect of the separation of prisoners.
### 5. [Inspector General]
[Substituted by Act II of 185, section 2.]
.
- The [Inspector General]
[Substituted by Act II of 185, section 2.]
shall exercise, subject, to the orders of [the Government]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
, the general control and superintendence of all prisons situated in the State.
### 6. Officers of prisons.
- For every prison there shall be a Superintendent, a Medical Officer (who may also be the Superintendent, a Medical Subordinate, a jailor and such other officers as [the Government]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
think necessary.
### 7. Temporary accommodation for prisoners.
- Whenever it appears to the [Inspector General]
[Substituted by act II of 1985, section 2.]
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 out break 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 Government]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
may direct, for the shelter and safe custody in temporary prison of so many of the prisoners as cannot be conveniently or safely kept in the prison.
Chapter-III Duties of Officers
Generally
### 8. Control and duties of officers of prisons.
- All officers of a prison shall obey the directions of the Superintendent; all officers subordinate to the Jailor shall performs such duties as may be imposed on them by the Jailor with the sanction of the Superintendent or be prescribed by rules under section 60-
### 9. Officers not be have business dealings with prisoners.
- 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 article to any prisoners or have any money or other business dealings directly or indirectly with any prisoner.
### 10. Officers not be interested in prison contracts.
- 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 drive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to a prisoner.
Superintendent.
### 11. Superintendent.
(1) Subject to the orders of the [Inspector General]
[Substituted by Act II of 1985.]
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 Government]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
, the Superintendent of a prison other than a central prison shall obey all orders not inconsistent with this Act or any rule thereunder which may be given respecting the prison by the District Magistrate, and shall report to the Minister-in-charge all such orders, and the action taken thereon.
### 12. Records 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 punishment inflicted on prisoners for prison-offences;
(4) a visitor's 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.
Medical Officer.
### 13. Duties of Medical Officer.
- 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 the Government under section 60.
### 14. Medical Officer to report in certain cases.
- 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 observation as he may think proper.
This report, with the orders of the Superintendent thereon, shall forthwith be sent to the [Inspector General]
[Substituted by Act II of 1985.]
for information.
### 15. Report on death of prisoner.
- 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 the 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 Subordinate,
(8) when the prisoner died, and
(9) (in case where a post-mortem examination is made) an account of the appearances after death, together with any special remarks that appear to the Medical Officer to be required.
Jailor.
### 16. Jailor.
(1) The Jailor shall reside in the prison, unless the Superintendent permits him in writing to reside elsewhere.
(2) The Jailor shall not, without the [Inspector General's]
[Substituted by Act II of 1985, section 2.]
sanction in writing, be concerned in any other employment.
### 17. Jailor to give notice of death of prisoner.
- Upon the death of a prisoner, the Jailor shall give immediate notice thereof to the Superintendent and the Medical Subordinate.
### 18. Responsibility of Jailor.
- The Jailor shall be responsible for the safe custody of the records to be kept under section 12, for the commitment warrants and all other documents confided to his care, and for the money and other articles taken from prisoners.
### 19. Jailor to be present at night.
- The Jailor 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 necessary, he shall immediately report the fact and the cause of it to the superintendent.
### 20. Powers of Deputy and Assistant Jailors.
- Where a Deputy Jailor or Assistant Jailor is appointed to a prison, he shall, subject to the orders of the superintendent, be competent to perform any of the duties, and be subject to all the responsibilities, of a Jailor under this Act or any rule thereunder.
Subordinate Officers.
### 21. Duties of gate-keeper.
- The officer acting as gate-keeper 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 jailor.
### 22. Subordinate officer not to be absent without leave.
- Officers sub-ordinate to the Jailor shall not be absent from the prison without leave from the Superintendent or from the Jailor.
### 23. Convict officers.
- Prisoners who have been appointed as officers of prisons shall be deemed to be public servant within the meaning of Ranbir Penal Code.
Chapter-IV Admission, Removal and Discharge of Prisons.
### 24. Prisoners to be examined on admission.
(1) Wherever a prisoner is admitted into prison, he shall be searched, and all weapons and prohibited articles shall be taken from him.
(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 Jailor, 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 observations 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.
### 25. Effect of prisoners.
- 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 Jailor.
### 26. Removal and discharge of prisoners.
(1) All prisoners, previously to being removed to any other prison, shall be examined by the Medical Officer.
(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.
(3) No prisoner shall be discharged against his will from prison, if labouring under any acute or dangerous distemper, not until, in the opinion of the Medical Officer, such discharge is safe.
Chapter-V Discipline of Prisoners.
### 27. Separation of prisoners.
- The requisitions of this 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 criminals; and
(4) civil prisoners shall be kept apart from criminal prisoners.
### 28. Association and segregation of prisoners.
- Subject to the requirement of the last foregoing section,convicted criminal prisoners may be confined either in association or individually in cells or partly in one way and partly in the other.
### 29. Solitary Confinement.
- 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, whether as a punishment or otherwise, shall be visited at least once a day by the Medical Officer or Medical Subordinate.
### 30. Prisoners under sentence of death.
(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 Jailor and all articles shall be taken from him which the Jailor deemed it dangerous or inexpedient to leave in his possession.
(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.
Chapter-VI Food, clothing and bedding of Civil and Unconvicted Criminal Prisoners.
### 31. Maintenance of certain prisoners from private sources.
- A civil prisoners 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]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
,
### 32. Restriction on transfer of food and clothing between certain prisoners.
- 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 section shall lose the privilege of purchasing food or receiving it from private sources, for such time as the Superintendent thinks proper.
### 33. 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.
Chapter-VII Employment of Prisoners.
### 34. Employment of civil prisoners.
(1) Civil prisoners may, with the Superintendent's permissions, 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 whose 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.
### 35. Employment of criminal prisoners.
(1) No criminal prisoners sentenced to labour or employed on labour at his own desire shall, except on 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.
### 36. Employment of criminal 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 i i the scale of diet as may be established by the rules of the prison in the case of the neglect of work by such a prisoner.
Chapter-VIII Health of Prisoners.
### 37. 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 Jailor.
(2) The Jailor shall, without delay, call the attention of the Medical Subordinate to any prisoners 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.
### 38. Record of directions of Medical Officer.
- 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 for under his superintendence, shall be entered day by day in the prisoner's history-ticket or in such other record as [the Government]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
may by rule direct, and the Jailor 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 jailor thinks fit to make, and the date of the entry.
### 39. Hospital.
- In every prison hospital or proper place for the reception of sick prisoners shall be provided.
Chapter-IX Visit to Prisoners.
### 40. 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 whome 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 under trial may see their duly qualified legal advisers without the presence of any other person.
### 41. Search of visitors.
(1) The Jailor may demand the name and address of any visitor to a prisoner, and when the Jailor has any ground for suspicion, may search any visitor, or cause him to be searched, but the arch shall not be made in presence of any prisoner or of another visitor.
(2) In case of any such visitor refusing to permit himself to be searched, the Jailor may deny him admission; and the grounds of such proceeding, with the particulars thereof, shall be entered in such record as [the Government]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
may direct.
Chapter-X Offences in relation to persons.
### 42. Penalty for introduction or removal of prohibited articles into or from prison and communication with the prisoners.
- Whoever, contrary to any rule under section 60, 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 person 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 [Judicial Magistrate]
[Substituted by Act XI of 1966 for 'Magistrate'.]
, be liable to imprisonment for a term not exceeding six months, or to fine not exceeding two hundred rupees, or to both.
### 43. Powers to arrest for offence under section 42.
- When any person, 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 or 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 Police Officer, and thereupon such Police Officer shall proceed as if the offence had been committed in his presence.
### 44. 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 and the penalties incurred by their commission.
Chapter-XI Prison-Offences.
### 45. Prison-offences.
- 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) continuously refusing to work;
(7) filling, 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, 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, any 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.
### 46. 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;
(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 privilege admissible under the remission system for the time being in force as may be prescribed by rule made by [the Government]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
;
(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 hand cuffs of a such pattern and weight, in such manner and for such period, as may be prescribed by rules made by [the Government]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
;
(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 Government]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
;
(8) separate confinement for any period not exceeding six 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 conditions regarding labour as may be prescribed by [the Government]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
:
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 fora 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 an 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 secludes a prisoner from communication with, but not from sight of, other prisoner:
(11) solitary confinement for any period not exceeding seven days :
Provided that after each period of solitary confinement an interval of not less duration than such period must elapse before the prisoner is again sentenced to solitary or cellular confinement;
Explanation. - Solitary confinement means such confinement with or without labour as entirely secludes the prisoner both from sight of, and communication with, other prisoner;
(12) penal diet as defined in clause (9) combined with solitary confinement as defined in clause (11);
(13) whipping, provided that the number of stripes shall not exceed thirty,:
Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping.
### 47. Plurality of punishments under section 46.
- Any two of the punishments enumerated in the last foregoing section 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 that section:
(2) penal diet shall not be combined with change of labour under clause (2) of that section, nor shall any additional period of penal diet awarded singly be combined with any period of penal diet awarded in combination with solitary confinement;
(3) solitary confinement shall not be combined with cellular confinement or with separate confinement, not cellular confinement 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 and separate confinement and loss of privileges admissible under the remission system.
### 48. Award of punishments under section 46 and 47.
(1) the Superintendent shall have power to award any of the punishments enumerated in the two last foregoing sections, subject, in the case of separate confinement for a period exceeding one month, to the previous confirmation of the Minister in-Charge.
(2) No officer subordinate to the Superintendent shall have power to award any punishment whatever.
### 49. Punishments to he in accordance with foregoing section.
- Except by order of a Court of justice, no punishment other than the punishments specified in the forgoing sections shall be inflict on any prisoner, and no punishment shall be inflicted on, any prisoner otherwise than in accordance with the provisions of those section.
### 50. Medical Officer to certify to fitness of prisoner for punishment.
(1) No punishment of penal diet, either singly or in combination, or of whipping, or of change of labour under section 46, clause (2), 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.
(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.
### 51. Entries in punishment-hooks.
(1) In the punishment-book prescribed in section 12 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 names of the witness proving the offence shall be recorded, and, in the case of offences 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 Jailor and Superintendent shall affix their initials as evidence of the correctness of the entries.
### 52. 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 [Chief Judicial Magistrate or of any Judicial Magistrate]
[Substituted by Act XL of 1966 'District Magistrate or of any Magistrate'.]
of the 1st 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 undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46 :
Provided that any such case may be transferred for inquiry and trial by the [Chief Judicial Magistrate to any Judicial Magistrate]
[Substituted by Act XL of 1966 'District Magistrate or of any Magistrate'.]
of the first class : and Provided also that no person shall be punished twice for the same offence.
### 53. Whipping.
(1) No punishment of whipping shall be inflicted in instalments, are except in the presence of the Superintendent and Medical Officer or Medical Subordinate.
(2) Whipping shall be inflicted with a light ratan not less than half an each in diameter on the buttock and in case of prisoners under the age of sixteen it shall be infected, in the way of school discipline, with a lighter ratan.
### 54. Offences by prison subordinates.
(1) Every Jailor or officer of a prison subordinate to him who shall be guilty of any violation of duty or wilful breach or 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 wilfully 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 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.
Chapter-XII Miscellaneous.
### 55. Extramulra custody, control and employment of prisoners.
- 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 a prison officer belonging to such prison shall be deemed to be in a prison and shall be subject to all the same incidents as if he were actually in prison.
### 56. Confinement in irons.
- Whenever the Superintendent considers it necessary (with reference either to the state of the prison or the character of the prisoners) for the 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]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
with the sanction of [the Government]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
, so confine them.
### 57. Confinement of prisoners under sentence of transportation in irons.
(1) Prisoners under sentence of transportation may, subject to any rule made under section 60, 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]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
for sanction to their retention for the period for which he considers their retention necessary, and the [Inspector]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
General may sanction such retention accordingly.
### 58. Prisoners not to be ironed by Jailor except under necessity.
- No prisoner shall be put in irons or under mechanical restraint by the Jailor of his own authority, except in case of urgent necessity, in which case notice thereof shall be forthwith given to the Superintendent.
### 59. Power to make rules.
- [The Government]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
may make rules consistent with this Act,-
(1) defining the acts which shall constitute prison-offences;
(2) determining the classification of prison-offences into serious and minor offences;
(3) fixing the punishment admissible under the Act which shall be awardable for commission of prison-offences or classes thereof;
(4) declaring the circumstances in which act constituting both prison-offence and an offence under the Ranbir Penal Code may or may not be dealt with as a prison-offence;
(5) for the award of marks and the shortening of sentences;
(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape;
(7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released;
(8) regulating there transfer from one part of the state to another of prisoners whose term of transportation or imprisonment is about to expire; and
(9) generally for carrying into effect the purposes of this Act.
### 60. Powers of the Government to make rules.
- [The Government]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
may make rules consistent with this Act-
(a) for the classification of prisons, and description and construction of wards, cells and other places of detention;
(b) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons;
(c) for the Government of prisons and for appointment, guidance, control, punishment and dismissal of all officers appointed under this Act;
(d) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost;
(e) for the employment, instruction and control of convicts within or without prisons;
(f) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited;
(g) for classifying and prescribing the forms of labour and regulating the period of rest from labour;
(h) for regulating the disposal of the proceeds of the employment of prisoners;
(i) for regulating the confinement in fetters of prisoners sentenced to transportation;
(j) for the classification and the separation of prisoners :
(k) for regulating confinement of convicted criminal prisoners under section 28;
(l) for the preparation and maintenance of history-tickets;
(m) for the selection and appointment of prisoners as officers of prisons;
(n) for rewards for good conduct;
(o) for regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire;
(p) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;
(q) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;
(r) for the appointment and guidance of visitors of prisons
(s) for extending any are all of the provisions of this act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the Code of Criminal Procedure, and to the officers employed, and the prisoners confined, therein, and
(t) generally, in regard to the admission, custody, employment, dieting, treatment and release of prisoners and for other purposes consistent with this Act.
### 61. Exhibition of copies of rules.
- Copies of rules, under section 59 and 60, so far as they affect the Government of prisons, shall be exhibited, both in English and Vernacular, in some place to which all persons employed within a prison have access.
### 62. Exercise of powers of Superintendent and Medical Officer.
- 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 officers as [The Government]
[In section 3(1) , 5, 6, 7, 11(2), 38, 41, 46, 56, 59, 60 and 62 the words 'the Government' substituted for the words 'His Highness' by Act X of 1996.]
may appoint in this behalf either by name or by his official designation.
|
65ba89a8ab84c7eca86ebf7d | acts |
Union of India - Act
----------------------
The Cotton Ginning and Pressing Factories Act, 1925
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UNION OF INDIA
India
The Cotton Ginning and Pressing Factories Act, 1925
=====================================================
Act 12 of 1925
----------------
* Published on 18 March 1925
* Commenced on 18 March 1925
The Cotton Ginning and Pressing Factories Act, 1925
Act
No. 12 of 1925
Statement of Objects and Reasons. - The Indian Cotton Committee which was appointed in 1917 in Chapter XVI of their Report Recommended certain measures including the licensing of cotton ginning and pressing factories, to prevent such malpractices as damping, mixing and adulteration, which are injurious to the quality and reputation of Indian cotton. The recommendations of the Committee, however, involved an excessive amount of official interference. The object of the present Bill is to put the trade in a position to protect itself by providing for the marking of bales and the record of ownership, and by providing further that unmarked bales are not tenderable in fulfillment of a contract, if marked bales are demanded by the purchaser.
The Bill also makes provision for the maintenance of register for statistical returns, for the use of correct scales and weights, and for the structural improvement of ginning and pressing factories. The Bill is based on the recommendations of the Indian Central Cotton Committee, and is supplementary to the Cotton Transport Act, 1923."
Gazette of India, 1924. Part V, page 115.
[Dated 18th March, 1925]
An Act to provide for the better regulation of cotton ginning and cotton pressing factories
Whereas it is expedient to provide for the better regulation of cotton ginning and cotton pressing factories:
It is hereby enacted as follows:-
### 1. Short title, extent and commencement.
(1) This Act may be called the Cotton Ginning and Pressing Factories Act, 1925.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may by notification in the Official Gazette, appoint.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-
(aa) [ 'admixture of cotton' means the prescribed mixture of different varieties of cotton.]
[Inserted by Rajasthan 10 of 1957]
(a) 'bale' means any pressed package of cotton of whatever size or density;
(b) 'cotton' means ginned or unginned cotton, or cotton waste;
(c) "cotton ginning factory" means any place where cotton is ginned or where cotton fibre is separated from cotton seed by any process whatever involving the use of steam, water or other mechanical power or of electrical power;
(d) "cotton pressing factory" means any factory as defined in the Indian Factories Act, 1911, in which cotton is pressed into bales;
(e) "cotton waste" means droppings, strippings, fly and other waste products of a cotton mill or of a cotton ginning factory or of a cotton pressing factory, but does not include yarn waste;
(f) "Indian Central Cotton Committee" means the Indian Central Cotton Committee constituted under the Indian Cotton Cess Act, 1923, and includes any sub-committee appointed by it to perform any function of the Indian Central Cotton Committee under this Act; and
(ff) [ "license" means a license granted under section 2A;]
[Inserted by Rajasthan 10 of 1957]
(g) "occupier" includes a managing agent or other person authorised to represent the occupier.
(h) "Prescribed" means prescribed by or under rules made under this Act,
(i) [ 'season' means such period as may from time to time be prescribed.]
[Inserted by Rajasthan 10 of 1957]
2A. License for working cotton ginning or pressing factory. - (1) No cotton ginning factory or cotton pressing factory shall be worked without a license granted to the owner thereof by such authority, in such form, subject to such conditions and on payment of such fee, as may be prescribed.
[(2) A license for which the prescribed fee has been paid shall be liable to be refused only on the ground that the owner or person in charge of a cotton ginning factory or a cotton pressing factory in respect of which a license is applied for has been convicted of an offence punishable under this Act.
(3) A license shall be liable to be suspended, withdrawn or cancelled only on the ground that the owner or person in charge of the cotton ginning factory or the cotton pressing factory in respect of which the license was granted has been convicted of an offence punishable under this Act:
Provided that no license shall be suspended, withdrawn or cancelled under this sub-section until after the expiration of the season in which the said owner or person has been so convicted.
(4) If any person works a cotton ginning factory or a cotton pressing factory in respect of which a license has not been granted or has been suspended, withdrawn or cancelled, such person shall be punishable-
(a) on a first conviction, with fine which may extend to five hundred rupees and, if the offence has continued for more than one day, with an additional fine which may extend to one hundred rupees for every day subsequent to the first day during which the offence has continued, and
(b) on every subsequent conviction, with fine which may extend to fifteen hundred rupees and, if the offence has continued for more than one day, with an additional fine which may extend to two hundred rupees for every day subsequent to the first day during which the offence has continued.]
### 3. Maintenance of registers.
(1) The owner of every cotton ginning factory shall cause to be maintained at the factory in such form, if any, as may be prescribed, a ginning register containing a record of all cotton ginned in the factory and of the names of the persons for whom and the dates on which the cotton has been ginned and of the amount ginned for each person.
(2) The owner of every cotton pressing factory shall cause to be maintained at the factory in such form, if any, as may be prescribed, a press register containing a daily record of the number of bales pressed in the factory, the serial number of each bale, the name of the person for whom it has been pressed, [and the prescribed particulars as supplied by such person of the cotton ginning factory where it has been ginned;]
[Added by Rajasthan 10 of 1957]
(3) The owner or the person in charge of a cotton-ginning or cotton-pressing factory shall be bound to produce any ginning register or press register maintained under this section when required to do so by any person appointed by the State Government in this behalf, and the owner or person in charge of any cotton-pressing factory shall be bound to furnish to the Indian Central Cotton Committee if so required by it in writing a copy, certified as correct by the owner or person in charge of the factory, of the entry in any press register maintained at the factory relating to any specified bale.
(4) No register required to be maintained by this section shall be destroyed until after the expiration of three years from the date of the last entry therein.
(5) If-
(a) in any factory any register required by this section to be maintained is not maintained or is maintained in any form other than the form, if any, prescribed for the purpose, or
(b) any entry in any such register is proved to be false in any material particular, or
(c) any such register is destroyed before the expiration of the period referred to in sub-section (4), the owner of the factory [shall, on conviction, be punishable]
[Substituted by Rajasthan 10 of 1957 for the words 'shall be punished']
with fine which may extend to fifty rupees or, if he has previously been convicted of any offence under this sub-section, to five hundred rupees.
(6) If the owner or the person in charge of any factory fails to produce any register, or to furnish a certified copy of any entry, when required to do so under sub-section (3), Or furnishes a certified copy of an entry knowing or having reason to believe such copy to be false, he [shall, on conviction, be punishable]
[Substituted by Rajasthan 10 of 1957 for the words 'shall be punished'.]
with fine which may extend to fifty rupees or, if he has previously been convicted of any offence under this sub-section, to five hundred rupees.
### 3A. [ Prohibition against watering etc. of cotton.
[Sections 3A, 3AA, 38 & 3C, Inserted by Rajasthan 10 of 1957.]
(1) The State Government may, by notification in the Rajasthan Gazette, declare that in any area specified in such notification, no cotton which is ginned or pressed in a cotton ginning or cotton pressing factory shall contain any admixture of cotton.
(2) Any owner of a cotton ginning or cotton pressing factory or any person in charge of such factory-
(a) who knowing or having reason to believe that any cotton is watered or contains seed in excess of the prescribed proportion or contains any foreign substance, or cotton waste, gins or presses or allows such cotton to be ginned or pressing in such factory, or
(b) who in any area specified in the notification under subsection (1) gins or presses or allows to be ginned or pressed any cotton which he knows or has reason to believe to contain an admixture of cotton.
shall, on conviction, be punishable with fine which may extent to five thousand rupees.
Explanation. - For the purpose of this section, cotton shall not be deemed to be watered, unless such cotton contains moisture in excess of the normal quantity. The normal quantity of moisture in any given quantity of cotton is the amount of moisture that such cotton is reasonably expected to have, regard being had to the place or places at or to which, and the time or times of the year in which such cotton has been picked, collected, stored, conveyed, left, ginned or pressed. A certificate given by the prescribed authority as to the normal quantity of moisture that a given quantity of such cotton should have and the quantity of moisture that it possesses shall be evidence of such matters, until the contrary is proved; and if the latter quantity exceeds the former it shall be evidence, until the contrary is proved, that the cotton is watered.
### 3AA. Penalty for making any cotton wet.
- Any owner of cotton who knowingly makes or causes to be made any cotton, which is ginned and which is being or is intended to be pressed in a cotton pressing factory, wet, or mixes or causes to be mixed seed, foreign substance or cotton waste with such cotton, or in any area specified in sub-section (1) of section 3A makes any admixture of cotton, or abets or knowingly allows or connives at any such act shall, on conviction, be punishable with fine which may extend to five thousand rupees.
### 3B. Examination of cotton, packages or bales.
(1) The State Government or any gazetted official authorised by it in this behalf may on its or his own motion or on receipt of a complaint that there has been a contravention of the provisions of section 3A or section 3AA in respect of any cotton, package or of any bale and in the case of a complaint, on payment of the prescribed fee by the complainant, cause such cotton or the contents of such package or bale to be examined by the prescribed person or body.
(2) A certificate given by such person after examination of the contents of any bale under sub-section (1) shall be admissible in evidence and be presumptive proof of the facts mentioned therein until the contrary is proved.
### 3C. Entry and inspection.
(1) The State Government may authorise any gazetted officer to enter into and inspect, at any reasonable time, any cotton ginning or cotton pressing factory-(1) No cotton ginning factory or cotton pressing factory shall be worked without a license granted to the owner thereof by such authority, in such form, subject to such conditions and for the purpose of ascertaining whether there is any contravention therein of any of the provisions of this Act or of any rule made thereunder or of any of the conditions subject to which a license has been granted in respect of such factory and to seize all things in respect of which an offence punishable under this Act appears to have been committed.
(2) The owner or the person in charge of every cotton ginning or cotton pressing factory shall give every reasonable assistance to the inspecting officer in the performance of his duties under sub-section (1).
(3) The owner or the person in charge of such factory shall in every instance, be permitted to attend during the inspection and the things seized during such inspection shall be sealed in the prescribed manner.]
[Inserted by Rajasthan 10 of 1957]
### 4. Marking of bales.
(1) The owner of every cotton-pressing factory shall cause every bale pressed in the factory to be marked in such manner as may be prescribed, before it is removed from the press-house, with a serial number and with the mark prescribed for the factory.
(2) If any bale is removed from the press-house of cotton pressing factory without having been marked as required by sub-section (1), the owner of the factory [shall on conviction, be punishable]
[Substituted by Rajasthan 10 of 1957 for the words shall be punished]
with fine which may extend to fifty rupees.
### 5. [ Returns.
[Substituted by Rajasthan 10 of 1957.]
(1) The owner of every cotton-ginning factory shall submit to the prescribed authority, within such time and in such form,as may be prescribed, monthly returns showing the quantity of cotton ginned in the factory during the preceding month and from the commencement of the season to the end of that month.
(2) The State Government shall compile from the monthly returns, submitted under sub-section (1), and shall publish in such manner as it thinks fit, a statement showing the total quantity of cotton ginned in the Si (ate during the month and from the commencement of the season to the end of the month to which the returns relate:
Provided that the quantity of cotton ginned in an individual factory shall not be published.
(3) The owner of every cotton pressing factory shall submit to the prescribed authority within such time and in such form, as may be prescribed, weekly returns showing the total number of bales of cotton pressed during the preceding week and from the commencement of the season to the end of that week and the approximate average net weight of the; bales pressed in that week.
(4) The State Government shall compile from the weekly returns submitted under sub-section (3), and shall publish in such manner as it thinks fit, a statement showing the total number of bales pressed in the State during the week and from the commencement of the season to the end of the week to which the returns relate:
Provided that the number of bales pressed in any individual factory shall not be published.
(5) If default is made in submitting any return as required by sub-section (1) or sub-section (3), the owner of the factory shall, on conviction, be punishable with fine which may extent to fifty rupees.
(6) Where the owner of a cotton ginning or cotton pressing factory has notified to the prescribed authority that the work of ginning cotton or pressing bales in that factory has been suspended, it shall not be necessary for the owner to submit returns under sub-section (1) or sub-section (3) until such work has been resumed.]
### 5A. Returns from cotton ginning factories.
(1) This section shall be in force in the territories which, immediately before the 1st November, 1956, were comprised in Part C States only; but the State Government of any State may, by notification in the Official Gazette, bring this section into force in the territories where it is not in force.
(2) The owner of every cotton ginning factory shall submit to the prescribed authority, within such time and in such form as may be prescribed, weekly returns showing the quantity of cotton ginned in the factory during the preceding week and from the commencement of the season to the end of that week.
(3) The State Government shall compile from the weekly returns so submitted, and shall publish in such manner as it thinks fit, a statement showing the total quantity of cotton ginned in the State during the week and from the commencement of the season to the end of the week, to which the returns relate:
Provided that the quantity of cotton ginned in any individual factory shall not be published.
(4) If default is made in submitting any return as required by sub-section (2), the owner of the factory shall be punished with fine which may extend to fifty rupees.
(5) The provisions of sub-section (4) of Section 5 apply to cotton ginning factories and the returns referred to in sub-section (2) of this section as they apply to cotton pressing factories and the returns referred to in sub-section (1) of Section 5, and 'season' in this section means the season as notified for the purposes of Section, 5.
### 5B. [ Power to regulate rates for ginning and pressing in certain areas.
[Sections 5B & 5C Inserted by Rajasthan 17 of 1986 [1.1.87]
]
(1) If the State Government is of the opinion that it is necessary in public interest so to do for the purpose of securing the ginning or pressing of cotton in any local area at, reasonable rates or charges, it may, by an order published in the Official Gazette, direct that no owner or person in-charge of any cotton ginning factory or cotton pressing factory in such local area shall,-
(i) charge or cause to be charged for the ginning-or pressing or both of Cotton rates in excess of such maxima as may be fixed by the rate-fixing committee of such local area under sub-section (6); or
(ii) without reasonable excuse refuse to accept or cause to be so refused cotton tendered by any person for ginning or pressing if the tenderer is prepared to pay charges at rates lawfully leviable; or
(iii) impose as a condition precedent to the acceptance of cotton for ginning or pressing tendered by any person for the purpose, surrender of cotton seed or lint in whole or in part in lieu of the charges lawfully leviable:
Provided that where a cotton ginning factory or cotton pressing factory carries on the process of ginning or pressing cotton exclusively for its owner or person in-charge as part of his normal trade, the State Government may exempt such factory from the operation of clauses (ii) and (iii) subject to such conditions as may be prescribed.
(2) There shall be appointed a rate-fixing committee in each local area specified in .the order notified under sub-section (1), which shall consist of-
(a) the Collector of the district of the local area;
(b) two representatives of the growers of cotton in the local area;
(c) two representatives of the owners of cotton ginning or cotton pressing factories situated in the local area; and
(d) one person (not being a Government servant) who possesses special knowledge of, or experience in, the ginning and pressing of cotton or of the cotton trade, to be nominated by the Collector of the district in consultation with the State Government.
(3) The Collector shall be the Chairman of the Committee.
(4) The representatives referred to in clauses (b) and (c) of sub-section (2) shall be appointed in such manner as may be prescribed.
(5) The term of the office of the non-official members of the Committee, the manner in which the members may resign and casual vacancies filled up, and the procedure regarding the work of the committee shall be such as may be prescribed.
(6) Every rate-fixing committee shall fix the maximum rates for ginning or pressing cotton within its local area, having regard to such matters as may be prescribed.
(7) If any person gins or presses cotton at a rate exceeding the rate fixed by the committee under the provisions of this section or contravenes the provisions of any order made under sub-section (1), he shall, on conviction, be punishable with fine which may extend to two thousand rupees, or, if he has previously been convicted of any such offence, with fine which may extend to five thousand rupees.
### 5C. Power to receive capacity of ginning and pressing.
(1) If the State Government is of the opinion that it is necessary so to do in public interest for the purpose of regulating the trade and business of ginning and pressing of cotton in any local area, it may, by an order, direct any owner or person in-charge of any cotton ginning or cotton pressing factory in such local area to reserve his factory's specified percentage of capacity, which shall not exceed 50% of its total capacity, for any specified person or persons.
(2) Such order under sub-section (1) shall be made only on the written application of the person or persons, who want such reservation to be made for him or them and shall be made after giving the owner or person in-charge of the cotton ginning or cotton pressing factory concerned an opportunity of being heard in the matter.
(3) If any owner or person in-charge of any cotton ginning or cotton pressing factory refuses to keep reserved his factory's specified capacity or does not gin or press in time the required quantity of cotton of the person or persons, for whom the reservation is made, as per order under sub-section (1), or contravenes the provisions of any order made under the said sub-section, he shall, on conviction, be punishable with fine which may extend to two thousand rupees, or, if he has previously been convicted of any such offence, with fine which may extend to five thousand rupees.
(4) If the person or persons, for whom the reservation is made, fails to offer required quantity of cotton in time to the owner or person in-charge of the cotton ginning or cotton pressing factory, who is directed to reserve his factory's capacity for him or them under sub-section (1), and due to this failure the capacity of such factory or any part of it remains idle, he or they shall be liable to pay such owner or person in-charge compensation for it, which shall be equivalent to the loss suffered by such owner or person in-charge directly on account of such failure.
(5) The compensation under sub-section (4) shall be determined in the prescribed manner by the District Judge of the area, where the cotton ginning or cotton pressing factory is situate on a reference made to him by the State Government on an application of the owner or person in-charge of the factory concerned, whose decision thereon shall be final and binding on all the parties.]
### 6. Scales and weights.
(1) No scales or weights shall be used in any cotton ginning or cotton pressing factory other than the scales or weights, if any, prescribed by the Central Government as standard for the district in which the factory is situated.
(2) If in any factory any scale or weight is used in contravention of the provisions of sub-section (1), the owner of the factory [shall on conviction, be punishable]
[Substituted by Rajasthan 10 of 1957 lor the words 'shall be punished'.]
with fine which may extend to fifty rupees or, if he has been previously convicted of any offence under this sub-section, to five hundred rupees.
### 7. Liability of lessee as owner.
(1) Where the owner of a cotton-ginning or pressing factory has leased the factory for a period of not less than one month, in the case of a cotton-ginning factory, or three months in the case of a cotton-pressing factory, and the lessor retains no interest in the management or profits of the factory and notice of the lease has been given by the lessor and the lessee to the prescribed authority, the lessee shall be deemed to be the owner of the factory, from the date of the notice and for the period of the continuance of the lease, for the purposes of Section 3, in respect of the registers maintained or to be maintained from that date and for that period, and for the purposes of Sections [3A, 3C]
[Inserted by Rajasthan 10 of 1957.]
4, 5, 5A [5B, 5C]
[Inserted by Rajasthan 17 of 1986 [1.1.87].]
and 6.
(2) On the termination of the lease the lessee shall hand over to the lessor the registers maintained under Section 3, and the lessor shall forthwith report to the prescribed authority any default of the lessee in complying with the provisions of this sub-section or in maintaining the registers in accordance with the provisions of Section 3.
(3) If default is made in handing over any register or making any report as required by this section, the lessor or the lessee, as the case may be, [shall, on conviction, be punishable]
[Substituted by Rajasthan 10 of 1957 for the words 'shall be punished'.]
with fine which may extend to fifty rupees.
### 8. Liability on transfer of ownership.
(1) On a transfer of the ownership of a cotton-ginning or pressing factory, the transferor shall hand over to the transferee the registers maintained under Section 3, and the transferee shall forthwith report to the prescribed authority any default of the transferor in complying with the provisions of this sub-section or in maintaining the registers in accordance with the provisions of Section 3.
(2) If default is made in handing over any register or making any report as required by sub-section (1), the transferor or the transferee, as the case may be, [shall, on conviction, be punishable]
[Substituted by Rajasthan 10 of 1957 for the words 'shall be punished'.]
with fine which may extend to fifty rupees.
### 9. Structural requirements for factories.
(1) In the case of cot-ton-ginning factories the construction of which is commenced after the commencement of this Act-
(a) gin-houses shall be provided with separate entrances and exits for the bringing in of unginned and the taking out of ginned cotton respectively, and
(b) the factories shall be constructed in accordance with plans and specifications approved by the prescribed authority:
Provided that nothing in this sub-section shall apply to any factory in which only roller gins are used where the number of such gins is not more than four.
(1A)
In any cotton-ginning factory, whether erected before or after the commencement of this Act-
(a) no structural alterations or additions, the construction of which commenced after the 27th day of February, 1939, shall be made so as to minimise the degree of compliance of the factory as a whole with the requirements set forth in clauses (a) and (b) of sub-section (1), and
(b) every structural addition (whether actually attached to any existing structure in the factory or not), the construction of which commenced after the last-mentioned date, shall be constructed in accordance with plans and specifications approved by the prescribed authority:
Provided that nothing in this sub-section shall apply to any factory in which after any alteration or addition has been made, only roller gins are used where the number of such gins is not more than four.
(2) Within such period after the commencement of this Act as may be prescribed, the owner of every cotton-pressing factory in which cotton is handled on the ground floor shall cause the press-house to be paved or provided with other suitable flooring to the satisfaction of the prescribed authority.
(3) If the owner of any factory fails to comply with any provision of this section, which is applicable to the factory, he [shall, on conviction, be punishable]
[Substituted by Rajasthan 10 of 1957 for the words 'shall be punished'.]
with fine which may extend to one hundred rupees.
(4) [a] Where the owner of a factory has been convicted under sub-section (3), the prescribed authority may serve on the owner of the factory an order in writing directing that such alterations shall be made in the factory, before a specified date, as in the opinion of the said authority are necessary to secure compliance with the provisions of sub-section (1) Sub-section (1 A) or sub-section (2), as the case may be.
(b) Where the alterations are not made in accordance with the order served under clause (a) of this sub-section, the prescribed authority may serve on the owner and on the occupier, if any, of the factory an order In writing directing that the work of ginning or pressing cotton in such factory shall be suspended until the alterations have been made in accordance with the order served under clause (a) of this sub-section and the owner and the occupier, if any, shall be jointly and severally liable to fine which may extend to fifty rupees for each day on which cotton is ginned or pressed in the factory in contravention of the order served under this clause.
### 10. Liability of officers of a company.
- Where the person guilty of an offence under this Act is a Company, every director, manager, secretary and other officer thereof who is knowingly a party to the default shall also be guilty of the like offence and is liable to the like punishment.
### 11. Cognizance of offences.
(1) No prosecution under this Act shall be instituted except by or with the previous sanction of the District Magistrate or a Chief Presidency Magistrate or a Magistrate of the first class specially empowered in this behalf by the State Government.
(2) No offence punishable under this Act shall be tried by any Court to that of a Presidency Magistrate or of a Magistrate of the first class.
### 11A. [ Power of Magistrate to pass sentence.
[Inserted by Rajasthan 10 of 1957.]
- Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, a Magistrate of the First Class may pass any sentence provided for any offence punishable under this Act and the provisions of the said code shall be deemed to have been amended accordingly.]
### 12. Power of the Central Government to make rules.
- The Central Government may make rules to provide for-
(a) the allotment of a special mark to be used by each pressing factory for the purpose of the marking of bales;
(b) the manner in which bales shall be marked; and
(c) the standard weights and scales to be used in cotton-ginning and cotton-pressing factories in any part of the territories to which this Act extends and the inspection of the same.
### 13. Power of the State Government to make rules.
- The State Government may by notification in the Official Gazette, make rules consistent with this Act to provide for all or any of the following matters, namely:-
(a) the forms in which registers, records and returns are to be maintained or submitted, and the inspection of records and registers;
(aa) [ What shall constitute an admixture of cotton;
[These clauses are inserted by Rajasthan 10 of 1957.]
(ab) the period which shall from time to time constitute a season.
(ac) the authority by whom, the form in which the conditions subject to which and the fees on payment of which a license may be granted under sub-section (1) of section 2A;
(ad) the particulars of the cotton ginning factory to be entered in the register maintained under sub-section (2) of section 3;
(ae) the proportion of seed which may be contained in cotton;
(af) the person authorised to give certificate regarding the quantity of moisture contained in any cotton and other matters specified in section 3A;
(ag) the person authorised to examine bales under section 3B;
(ah) the procedure for making a complaint and causing the contents of a bale to be examined and the fee for examination of the contents of a bale under sub-section (1) of section 3B;
(ai) the manner in which the things seized shall be sealed under section 3C.]
(b) the appointment of the authority to whom and the time within which the returns required by Sections 5 and 5A shall be made;
(c) [(i) conditions subject to which a factory may be exempted from the operation of clauses (ii) and (iii) of sub-section (1) of section 5B;
[Clauses (c) and (cc) Inserted by Rajasthan 17 of 1986 [1.1.87]
]
(ii) the manner in which the representatives referred to in clauses (b) and (c) of sub-section (2) of section 5B shall be appointed;
(iii) the term of office of the members of the committee, the manner of their resigning and filling up of casual vacancies and the procedure regarding the work of the committee under sub-section (5) of section 5B; or
(iv) the matters which a rate-fixing committee should have regard to at the time of fixing the maximum rate of the ginning or pressing of cotton within its local area;
(cc) prescribing the manner in which compensation shall be determined under sub-section (5) of section 5C;]
(d) the appointment of authorities for the purposes of Sections 7, 8 and 9.
(e) the manner of service of orders made under section 9.
(f) the powers of entry and inspection which may be exercised by District Magistrates or by any officer specially empowered in this behalf by the State Government;
(g) any other matter which is to be or may be prescribed or for which provision is necessary in order to carry out the purposes of this Act.
### 14. Power to reject unmarked bales in fulfilment of contracts.
(1) After the expiration of one year from the commencement of this Act, any person who has made a contract for the purchase of baled cotton may require that no bales other than bales/ marked with the mark prescribed under Section 4 for the factory in which they were pressed, shall be supplied in fulfilment of such contract, and, if he does so require, no bale not so marked shall be tenderable in fulfilment of the contract.
(2) Any bale marked in accordance with the provisions of Section 4 shall, within the meaning of the Indian Evidence Act, 1872, be presumed for all purposes as between the parties to a contract for the purchase of baled cotton, to have been so marked before leaving the factory in which it was pressed.
### 15. 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.
### 16. [ Penalty.
[Section 16 & 17 Inserted by Rajasthan 10 of 1957]
- whoever contravenes any of the provisions of this Act or any rule made thereunder or any of the conditions subject to which the license has been granted to him shall, on conviction, if no other penalty is already provided in this Act for such contravention, be punishable with fine which may extend to five hundred rupees or, if he has previously been convicted of an offence under this Act or any rule made thereunder, with fine which may extend to fifteen hundred rupees.]
### 17. Compounding offences.
(1) The District Magistrate may accept from any person whose license is liable to be suspended, withdrawn or cancelled under this Act, or who is reasonably suspected of having committed an offence under this Act, a sum of money in lieu of such suspension, withdrawal or cancellation or by way of composition for the offence which may have been committed, as the case may be.
(2) On payment by such person of such sum to the District Magistrate, such person if in custody shall be set at liberty and if criminal proceedings shall have been instituted against such person the composition shall be held to amount to an acquittal.
|
65b93893ab84c7eca86e8a40 | acts |
State of Odisha - Act
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The Orissa Contract Labour (Regulation and Abolition) Rules, 1975
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ODISHA
India
The Orissa Contract Labour (Regulation and Abolition) Rules, 1975
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Rule THE-ORISSA-CONTRACT-LABOUR-REGULATION-AND-ABOLITION-RULES-1975 of 1975
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* Published on 9 May 1975
* Commenced on 9 May 1975
The Orissa Contract Labour (Regulation and Abolition) Rules, 1975
Published vide Notification SRO No. 277/75, dated 9th May, 1975
Notification SRO No. 277/75, dated the 9th May, 1975. - In exercise of the powers conferred by Section 35 of the Contract Labour (Regulation and Abolition) Act, 1970 (Act No. 37 of 1970), the State Government hereby make the following rules, the same having been published as required by Sub-Section (1) thereof, namely :
Chapter-I
### 1. Short title.
(1) These rules may be called the Orissa Contract Labour (Regulation and Abolition) Rules, 1975.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Definitions.
- In these rules, unless the subject or context otherwise requires -
(a) "Act" means the Contract Labour (Regulation and Abolition) Act, 1970;
(b) "Appellate Officer" means the Appellate Officer nominated by the State Government under Sub-Section (1) of Section 15;
(c) "Chairman" means the Chairman of the Board;
(d) "Committee" means a Committee constituted under Sub-Section (1) of Section 5;
(e) "Form" means a form appended to these rules;
(f) "Section" means a section of the Act;
(g) "State Board" means the State Advisory Contract Labour Board constituted under Sub-Section (1) of Section 4.
Chapter-II State Board
### 3. The Board shall consist of the following members :
(a) Chairman to be appointed by the State Government;
(b) The Labour Commissioner, Orissa, ex officio;
(c) The person representing the State Government to be appointed by the Government from amongst its officials;
(d) Four persons, one representing the employees in public sector and three representing the employees in private sector/contractors to whom the Act applies, to be appointed by the State Government after consultation with such organisations, if any, of the employees and the contractors as may be recognised by the State Government;
(e) Four persons, one representing the employees, in public sector undertaking and three contractors to whom the Act applies, to be appointed by the State Government after consultation with such organisations, if any, of employees representing the respective interest as may be recognised by the State Government.
### 4. Terms of Office.
(1) The Chairman of the Board shall hold office as such for a period of three years from the date of which, the appointment is first notified in the Official Gazette.
(2) Each of the members of the Board referred to in Clause (c) of Rule 3, shall hold office as such during the pleasure of the Governor.
(3) Each of the members, referred to in Clauses (d) and (e) of 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 the said 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.
### 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 State Government and on such resignation being accepted by t e State Government, his office shall fall vacant on the date on which such resignation is accepted.
### 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 cease to be a member of the Board :
Provided that the State 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 being appointed, 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 State Government, involves moral turpitude.
(2) If a question arises as to whether disqualification has been incurred under Sub-rule (1), the State Government shall decide the same.
### 8. Removal from membership.
- The State 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 State Government and on receipt of such report, the State Government shall take step to fill the vacancy, by making an appointment from amongst the category of persons to which the person vacating member-ship belonged and the person appointed shall hold office for the remainder of the term of the office of the member in whose place he is appointed.
### 10. Staff.
(1) (i)
The State Government may appoint one of its officials as Secretary to the Board and appoint such other staff as it may think necessary to enable the Board to carry out its functions.
(ii) The salaries and allowances payable to the staff and the other conditions of service of such staff shall be such as may be decided by the State 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 allowances of an official member 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 allowances and daily allowance for attending the meeting of the Board as per rules framed by the State Government from time to time.
### 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 voters, the Chairman shall have a casting vote.
Explanation. - "Chairman for the purpose of this Rule shall include the Chairman elected under Sub-rule (2) of Rule 13 to preside over a meeting."
### 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 a member elected by those present at the meeting shall 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 be considered at that meeting without the permission of the Chairman.
### 15. Quorum.
- No business shall be transacted in 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 member 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 meeting irrespective of the 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 and the committee shall observe such rules or procedure in regard to the transaction of business as its meeting as the Board may decide upon.
(3) The provisions of Rule 11 shall apply to the members of the Committee for attending the meeting of the committee as they apply to the members of the Board.
Chapter-III Registration and licensing
### 17. Manner of making application for registration of establishment.
(1) The application referred to in Sub-Section (1) of Section 7 shall be made in triplicate in Form No. 1 to the registering officer of the area 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 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 registering 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 of occupation which is carried on in the establishment; and
(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 reason for such change.
### 19. Circumstances in which application for registration may be rejected.
(1) If an application for registration is not complete in all respects, the registering officer shall require the principal employer to amend the application so as to make it complete in all respects by a date to be specified by the registering officer.
(2) If the principal employer, on being required by the registering officer to amend his application for registration, omits or fails to do so by the date prescribed, the registering officer 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 treasury receipt showing such deposit.
(2) Where, on receipt of the intimation referred to in Sub-rule (4) of Rule 8, 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 the change which has occurred:
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.
### 21. Application for a licence.
(1) Every application by a contractor for the grant of a licence shall be made in triplicate 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 employed 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 the 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 rate specified in Rule 24; and
(ii) the payment of the fees at the rate 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;
(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 State Government involves moral turpitude;
(b) whether there is an order of the appropriate Government or an award or settlement for the abolition of contract labour in respect of particular type of work in the establishment in relation to which the applicant is a contractor;
(c) whether an order has been made in respect of the applicant under Sub-Section (1) of Section 14 and if so, whether 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, as soon as possible thereafter, the licensing officer shall make such enquiry as he considers necessary to satisfy himself about the eligibility of the applicant for a licence.
(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.
- Before a licence is issued, an amount calculated at the rate of [Rs. 100 (Rupees one hundred)]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
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 the due performance of the conditions of the licence and compliance with the provisions of the Act or the rules made thereunder.
### 24A. [ Head of the account.
[Inserted vide SRO No. 642/18.6.1976.]
- The security money to be deposited under Rule 24 shall be paid in the local treasury under the head of account, "K Deposits and Advances (b) Deposits not bearing interest-843-Civil Deposits under various Central and State Acts - (a) Deposits under the Orissa Contract Labour (Regulation and Abolition) Rules, 1975" both in receipt and payment side.]
### 25. Forms and terms and conditions of licence.
- Every licence granted under Sub-Section (1) of Section 12 shall begin Form VI.
(2) Every licence granted under Sub-rule (1) or renewed under Rule 20 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 the 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, hour of works 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, Orissa, 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 Commissioner, Orissa.
Explanation. - While determining the wage rates, holidays, hours of work and other conditions of service, under (b) above, the Labour Commissioner, Orissa, 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 of the use of their children under the age of six years;
(b) one of such rooms shall be used as a play-room for the children 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 cots and beddings in the sleeping 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, Orissa;
(vii) the licensee shall notify any change in the number of workmen or the conditions of work to the licensing officer.
### 26. Fees.
- [(1) The fees to be paid for the grant of certificate of registration under Section 7 shall be as specified below :]
[Substituted vide Orissa Gazette Extraordinary No. 161/15.2.1991- Notification SRO No. 75/91/2.2.1991.]
If the number of workmen proposed to be employed on contract on any day is :
| | | |
| --- | --- | --- |
|
|
|
Rs.
|
|
(a) |
20
|
[200]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
|
|
(b) |
between 21 to 50
|
[500]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
|
|
(c) |
between 51 to 100
|
[1,000]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
|
|
(d) |
between 101 to 200
|
[2,000]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
|
|
(e) |
between 201 to 400
|
[4,000]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
|
|
(f) |
401 and above
|
[5,000]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
|
(2) The fees to be paid for the grant of a licence under Section 12 shall be as specified below :
If the number of workmen employed by the Contractor in any day is-
| | | |
| --- | --- | --- |
|
|
|
Rs.
|
|
(a) |
20
|
[400]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
|
|
(b) |
between 21 to 50
|
[1,000]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
|
|
(c) |
between 51 to 100
|
[2,000]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
|
|
(d) |
between 101 to 200
|
[4,000]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
|
|
(e) |
between 201 to 400
|
[8,000]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
|
|
(f) |
401 and above
|
[10,000]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
|
### 27. Validity of the licence.
- Every licence granted under Rule 25 or renewed under Rule 29 shall remain in force for twelve months from the date it is granted or renewed.
### 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 for the licence.
(2) Every such application shall be in Form VII 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 licence 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 twenty-five 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 of licence.
- Where a certificate of registration or a licence granted or renewed under the preceding rule has been lost, defaced or accidentally destroyed a duplicate may be granted on payment of fees of [rupees one hundred.]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
### 31. Refund of security.
(1) (i)
On expiry of the period 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 security deposited by him under Rule 24.
(ii) if the licensing officer is satisfied that there is no breach of the conditions of licence of there is no order under Section 14 for the forfeiture of security of any person thereof, he shall direct the refund of the security to the applicant.
(2) [The security deposit so forfeited, shall be credited under the head of account - "087-Labour and Employment-(c) fees under Orissa Contract Labour (Regulation and Abolition) Rules"]
[Substituted vide SRO No. 642/76/18.6.1976.]
.
(3) Any application for refund shall, as far as possible, be disposed of within 68 days of the receipt of the application.
Chapter-IV Appeals and Procedure
### 32. (1) (i)
Every appeal under Sub-Section (1) of Section 15 shall be preferred in the form of a memorandum signed by the applicant or his authorised agent and presented to the appellate officer in person or sent to him by registered post.
(ii) The memorandum shall be accompanied by a certified copy of the order appealed from and treasury receipt of [rupees one hundred and fifty.]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
(2) The memorandum shall set forth concisely and under distinct heads the grounds of appeal to the order appealed from.
### 33. (1) Where the memorandum of appeal does not comply with the provisions of Sub-rule (2) of Rule 32 may be rejected or returned to appellant for the purpose of being amended within a time to be fixed by the appellate officer.
(2) Where the appellate officer rejects the memorandum under Sub-rule (1) he shall record the reason for such rejection and communicate the order to the applicant.
(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 book 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 office, as the case may be, from whose order the appeal 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.
### 34. 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.
### 35. (i) Where an appeal has been dismissed under Rule 34 the appellant may apply to the appellate officer for the re-admission of the appeal, and where it is proved that he was prevented 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 sufficient reason, be made within 30 days of the date of dismissal.
### 36. (i) If the appellant is present when the appeal is called on for hearing the appellate officer shall proceed to hear the appellant or his authorised agent and any other person summoned by him for this purpose, and pronounce judgement on the appeal, either conforming, reversing or varying the order appealed from.
(ii) The judgement of the appellate officer shall state the points for determination of the decisions thereon and the reasons for the decisions.
(iii) The order shall be communicated to the appellant and a copy thereof shall be sent to the registering officer or the licensing officer from whose order the appeal has been preferred.
### 37. Payment of fees.
- Unless otherwise provided in these rules, all fees to be paid under these rules shall be paid in the local treasury under the head of account "087-Labour and Employment-(c) Fees under Contract Labour (Regulation and Abolition) Rules" and a receipt obtained which shall be submitted with the application or the memorandum of appeal, as the case may be.
### 38. Copies.
- Copy of the order of the revising officer, licensing officer or the appellate officer may be obtained on payment of fees of rupees [rupees twenty]
[Substituted vide O.G.E. No. 550 dated 2.4.2005.]
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
### 39. (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 establishments within thirty days of the commencement of those rules and in the case of new establishments within thirty days of the commencement of the employment of contract labour therein.
(2) If any of the facility 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 thirty days of the expiry of the period laid down in the said Sub-rule.
### 40. 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 three months or more, the contractor shall provide rest rooms or other suitable alternative accommodation within fifteen days of the coming into force of the rules in the case of existing establishments 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 (2) 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 the said sub-rule.
(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 rooms or other suitable alternative accommodation shall be such dimensions so as to provide at least a floor area of 1.1 square metre 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 and impervious 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.
### 41. Canteen.
(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 rules 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.
### 42. (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 and inside walls 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 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.
### 43. (1) The dining hall shall accommodate at a time at least thirty per cent of the contract about working at a time.
(2) The floor area of the dining hall excluding the area occupied by the service counter and any furniture except table and chairs shall be not less than one square metre per dinner to be accompanied 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 separate and screened to secure privacy.
(4) Sufficient tables, stools, chairs or benches shall be available for the number of dinners to be accompanied as prescribed in Sub-rule (1).
### 44. (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) Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained.
(2) (i)
The furniture, utensils and other equipment shall be maintained in a clean and hygienic condition.
(ii) A service counter, if provided, shall have a 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.
### 45. The foodstuffs and other items to be served in the canteen shall be in conformity with the normal habits of the contract labour.
### 46. The charges for foodstuff, beverages and any other item served in the canteen shall be based on no-profit no-loss and shall be conspicuously displayed in the canteen.
### 47. In arriving at the prices of the foodstuff and other articles served in the canteens the following items shall not be taken into consideration as expenditure, namely :
(a) the rent for the land building;
(b) the description and maintenance charges for the building and equipment provided for in the canteen;
(c) the cost of purchase, repairs and replacement of equipment including furniture, crockery, cutlery and utensils;
(d) the water charges and other charges incurred for lighting and ventilations; and ,
(e) the interest on the amounts spent on the provision and maintenance of furniture and equipment provided for in the canteen.
### 48. The books of accounts and register and other documents used in connection with the running of the canteen shall be produced on demand to an Inspector.
### 49. The accounts pertaining to the canteen shall be audited once every 12 months by registered accountants and auditors.
Provided that the Labour Commissioner, Orissa 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.
### 50. Latrines and urinals.
- Latrines shall be provided in every establishment coming within the scope of the Act on the following scale, namely :
(a) Where females are employed, there shall be at least one latrine of every 25 females;
(b) Where males are employed, there shall be at least one latrine for every 25 males :
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.
### 51. Every latrine shall be under cover and so partitioned off as to secure privacy and shall have a proper door and fastenings.
### 52. (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 "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.
### 53. There shall be at least one urinal for male workers up to 50 and one for female workers up to 50 employed at a time Provided that where the number of male or female workers, as the case may be, exceed 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.
### 54. (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 the clean and sanitary condition at all times.
(ii) Latrines and urinals other than those connected with a flush sewage system shall comply the requirements of the public health authorities.
### 55. Water shall be provided by means of tap or otherwise so as to be conveniently accessible in or near the latrines and urinals.
### 56. 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.
### 57. First-aid facilities.
- In every establishment coming with the scope of the Act there shall be provided and maintained so as to be readily accessible during all working hours first-aid boxes at the rate of not less than one box for 150 contract labour or part thereof ordinarily employed.
### 58. (1) The first-aid box shall be distinctively marked with a red cross on a white ground and shall contain the following equipments, namely:
A. For establishments in which the number of contract labour employed does not exceed fifty, each first-aid box shall contain the following equipments :
(i) 6 small sterilized dressings,
(ii) 3 medium size sterilized dressings;
(iii) 3 large size sterilized dressings;
(iv) 1 (30 ml.) bottle containing a two per cent alcoholic solution of iodine.
(v) 3 large sterilized burn dressings;
(vi) 1 (30 ml.) bottle containing sal-volatile having the dose and mode of administration indicated on the label;
(vii) 1 snake-bite lancet;
(viii) 1 (30 gms.) bottle of potassium permanganate crystals;
(ix) 1 pair scissors;.
(x) 1 copy of the first-aid leaflet issued by the Director-General, Factory Advice Service and Labour Institute, Government of India;
(xi) a bottle containing 100 tablets (each of 5 grains) of aspirin;
(xii) ointment for burns;
(xiii) a bottle of suitable surgical anti-septic solution.
B. For establishments in which the number of contract labour exceeds fifty-each first-aid box shall contain the following equipments :
(i) 12 small sterilized dressings;
(ii) 6 medium size sterilized dressings;
(iii) 6 large sterilized dressings;
(iv) 6 large sterilized burn dressings;
(v) 6 (15 gms.) packet sterilized cotton wool;
(vi) 1 (60 ml.) bottle containing a two per cent alcoholic solution of iodine;
(vii) 1 (60 ml.) bottle containing sal-valotile having the dose and mode of administration indicated on the label;
(viii) 1 roll of adhesive plaster;
(ix) A snake-bite lancet;
(x) 1 (30 gms.) bottle of potassium permanganate crystals;
(xi) 1 pair scissors;
(xii) 1 copy of the first-aid leaflet issued by the Director-General Factory Advice Service and Labour Institute, Government of India;
(xiii) a bottle containing 100 tablets (each of 5 grains) of aspirin;
(xiv) ointment for burns;
(xv) a bottle of a suitable surgical anti-septic solution.
(2) Adequate arrangement shall be made for immediate recoupment of the equipment when necessary.
### 59. Nothing except the prescribed contents shall be kept in the first-aid box.
### 60. The First-aid box shall be kept in charge of a separate responsible person who shall always be readily available during the working hours of the establishment.
### 61. A person in charge of the first-aid box shall be a person trained in first-aid treatment in establishment where the number of contract labour employed is 150 or more.
Chapter-VI Wages
### 62. The contractor shall fix wage periods in respect of which wages shall be payable.
### 63. No wage period shall exceed one month.
### 64. The wages of every person employed as contract labour on wage period of one week or a fortnight shall be paid within three days from the end of the wage period and in all other cases the wages shall be paid before expiry of the seventh day in case of establishments where less than one thousand such persons are employed and before the tenth day in establishments where one thousand or more persons are employed, as the case may be.
### 65. Where 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.
### 66. All payments of wages shall be made on a working day at the work site and during the working time and on a date notified in advance. 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.
### 67. Wages due to every worker shall be paid to him direct or to other person authorised by him in this behalf.
### 68. All wages shall be paid in current coin or currency or in both.
### 69. Wages shall be paid without any deductions of any kind except those specified by the State Government by general or special order in this behalf or permissible under the Payment of Wages Act, 1936 (4 of 1936).
### 70. A notice showing the wage period and the place and time of disbursement of wages shall be displayed at the place of work and copy sent by the contractor to the principal employer under acknowledgment.
### 71. The principal employer shall ensure the presence of his authorised representative at the place and time of disbursement of wages by the contractor to workmen. It shall be the duty of the contractor to ensure the disbursement of wages in the presence of such authorised representative.
### 72. The authorised representative of the principal employer shall record under his signature a certificate at the end of the entries in the Register of Wages or the Wage-cum-Muster Roll, 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 statistics
### 73. Register of contractor.
- Every principal employer shall maintain in respect of each registered establishment a register of contractors in Form VII.
### 74. Register of persons employed.
- Every contractor shall maintain in respect of each registered establishment where he employs contract labour and register in Form IX.
### 75. Employment card.
(1) Every contractor shall issue an employment card in Form X to each worker within 3 days of the employment of the worker.
(2) The card shall be maintained up-to-date and any change in the particulars entered therein.
### 76. Service Certificate.
- On termination of employment for any reason whatsoever the contractor shall issue to the workmen whose service have been terminated a Service Certificate in Form XI.
### 77. Muster Roll, Wages Registers, Deduction Register and Overtime Register.
(1) In respect of establishments which are governed by the Payment of Wages Act, 1936 (4 of 1936) and the rules made thereunder, or the Minimum Wages Act, 1948 (11 of 1948) or the rules made thereunder, the following registers and records required to be maintained by the contractor as an employer under those Acts and the rules made thereunder shall be deemed to be registers and records to be maintained by the contractor under these rules :
(a) Muster Roll;
(b) Register of Wages;
(c) Register of Deductions;
(d) Register of Overtime;
(e) Register of fines;
(f) Register of advances.
(2) In respect of establishments not covered under Sub-rule (1), the following provisions shall apply, namely ;
(a) Every contractor shall maintain a Muster-Roll Register and a Register of Wages in Form XII and From XIII respectively :
Provided that a combined Muster Roll-cum-Wages Register in Form XIV shall be maintained by the contractor where the wage period is a fortnight or less.
(b) Where the wage period is one week or more the contractor shall issue wage slips in.Form XV to the workers at least a day prior to the disbursement of wages.
(c) Signature or thumb impression of every worker on the register of wages or wages-cum-muster roll, as the case may be, shall be obtained and entries therein, shall be authenticated by the initials of the contractor or his representative, and duly certified by the authorised representative of the principal employer as required by Rule 72.
(d) Register of deductions, fines and advances, registers of deduction for damage or loss, register of fines and register of advances shall be maintained by every contractor in Form XVI, XVII and XVIII respectively.
(e) Register of overtime - A register of overtime shall be maintained by every contractor in Form XIX to record therein number of hours and wages paid for overtime, if any.
(3) Notwithstanding anything contained in these rules where a combined or alternative form is sought to be used by the contractors to avoid duplication of work for compliance with the provisions of any other Act Or the rules framed thereunder or any other laws or regulations 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 provisional approval of the Labour Commissioner, Orissa.
### 78. Every contractor shall display an abstract of the Act and rules in English [in the language spoken by the majority of workers]
[Substituted vide Orissa Gazette Part III/2.1.1976.]
in such form as may be approved by the Labour Commissioner, Orissa.
### 79. (1) All registers and other records required to be maintained under the Act and 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 precincts of the work place or at a place within a radius of three kilometres.
(2) Such registers shall be maintained legibly in English or [Oriya.]
[Substituted vide Orissa Gazette Part III/2.1.1976.]
(3) All 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 State Government.
(5) Where no deduction or 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 and 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 Forms XVI, XVII and XIX respectively.
### 80. (1) (i)
Notices showing the rates of wages, hours of work, 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 and in Hindi and in the local language understood by the majority of the workers in conspicuous places at the establishment and the worksite by the principal employer or 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.
### 81. (1) Every contractor shall send half-yearly return in Form XX (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 six months commencing from the 1st January and the 1st July of every year."
(2) Every principal employer of a registered establishment shall send annually a return in Form XXI (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.
### 82. (1) The Board, Committee, Labour Commissioner, Orissa or any other authority under the Act shall have power 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 (1) shall be legally bound to do so.
Form I
[See Rule 17(1) ]
Application for 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 individual).................. ###
4. Full name and address of the manager or person responsible for the supervision and control of the establishment..................
### 5. Particulars of contractors and contract labour................. | | | | |
| --- | --- | --- | --- |
|
Name and address of contractors
|
Nature of work in which contract labour is
employed or is to be employed
|
Maximum No. of contract labour to be employed on
any day through each contractor
|
Estimated date of termination of employment of
contract labour
|
|
(1) |
(2) |
(3) |
(4) |
|
1.2.3.
|
|
|
|
### 6. Particulars of treasury receipt enclosed................... I hereby declare that the particulars given above are true to the best of my knowledge and belief.
| | | |
| --- | --- | --- |
|
Time and date of receipt of application with treasury receipt
No. and date :
|
|
Principal Employer (seal and stamp)
|
|
Office of the Registering Officer
|
|
Signature of Registering Officer
|
Form II
[See Rule 18(1) ]
Certificate of Registration
No...............
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 :
| | | | |
| --- | --- | --- | --- |
|
Name and address of contractors
|
Nature of work in which contract labour is
employed or is to be employed
|
Maximum No. of contract labour to be employed on
any day through each contractor
|
Estimated date of termination of employment of
contract labour
|
|
(1) |
(2) |
(3) |
(4) |
|
1.2.3.
|
|
|
|
Date.............
Signature of Registering Officer with seal
Form III
[See Rule 18(1) ]
Register of Establishment
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Registration certificate No.
|
Name and address of the establishment registered
|
Name of the principal employer and his address
|
Total of workmen directly employed
|
Particulars of contractor and contract labour
|
Remarks
|
|
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 through each contractor
|
Estimated date of termination of employment of
contract labour
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
|
|
|
|
|
|
|
|
|
|
Form IV
[See Rule 21(1) ]
Application for Licence
### 1. Name and address of the contractor (including Father's Name)......... ###
2. Particulars of establishments where contract labour is to be employed............
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Name and address of the Establishment
|
No. and date of certificate of registration of
establishment under the Act
|
Name and address of the principal employer
|
Nature of process-operation or work in which
establishment is engaged
|
Nature of process, operation of work for which
contract labour is to be employed in the establishment
|
Duration of the proposed contract work (give
proposed date of commencing and ending)
|
Name and address of the agent or Manager or
contract or at the work establishment
|
Maximum No. of employees proposed to be employed
as contract labour in the establishment
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
|
|
|
|
|
|
|
|
|
### 3. Whether the contractor has worked in any other establishment within this past five years (if so, details of the principal employer, establishments and nature of work)..... ###
4. The estimated value of contract work....
### 5. Number and date of the treasury receipt enclosed.... 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 and a certificate in Form V from each of the principal employers (To be filled in 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 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 Contract Labour (Regulation and Abolition) Rules, 1975 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 VI
[See Rule 25(1) ]
Office of Licensing Officer
Licence No............Dated............. 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 condition specified in Annexure.
The licence shall remain in force till........ date
Signature and seal of theLicensing Officer
| | | |
| --- | --- | --- |
|
Date of Renewal
|
Renewal (Rule 29)Fee paid for renewal
|
Date of expiry
|
|
1.2.3.
|
|
|
Signature and seal ofthe Licensing Officer
Date......
Annexure
The licence is subject to the following conditions :
### 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, 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 case where the workmen employed by the contractor perform the same kind of work as the workmen directly employed by the principal employer of the establishment, the hours of work and other conditions of workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment. ###
6. In other cases the 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 (Orissa) .
### 7. 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. One of such rooms would be used as a play-room for the children and the other as bed-rooms 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 sleeping room. The standard of construction and maintenance of the creches may be such as may be specified in this behalf by the Labour Commissioner (Orissa) .
### 8. The licensee shall notify and change in the number of workmen or the conditions of work to the Licensing Officer. Form VII
[See Rule 23(2) ]
Application for renewal of licenses
### 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. Number and date of the treasury receipt enclosed.... | | |
| --- | --- |
|
Place :
|
Signature of the applicant
|
|
Date :
|
|
(To be filled in office of the Licensing Officer)
Date of receipt of the application with treasury receipt number and date
Signature of the Licensing Officer
Form VIII
[See Rule 73]
Part I – Register of Particulars of Contractors
-------------------------------------------------
### 1. Name and address of the principal employer............. ###
2. Name and address of the establishment.............
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Name and address of contractor
|
Name of work on contractor
|
Location of contract work
|
Period of contract
|
Amount/ Value of contract work
|
Maximum number of workmen employed on contract
|
SEcurity deposits with the principal employer
|
|
From
|
To
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
|
|
|
|
|
|
|
|
|
|
Part II – Progress of contract work
-------------------------------------
| | |
| --- | --- |
|
Name of Contractor..........
|
Nature of work........
|
| | | | |
| --- | --- | --- | --- |
|
Wage-period
|
Maximum number of workmen employed by the
contractor during the wage period
|
Total amount of wages earned by the workmen
|
Amount actually disbursed on pay day
|
|
(1) |
(2) |
(3) |
(4) |
|
|
|
|
|
Form IX
[See Rule 74]
Register of workmen employed by contractor
| | |
| --- | --- |
|
Name and address of
contractor..........................................................................................................................................
|
Name and address ofestablishment under whichcontract
is carried on...........
|
|
Nature and location of
work..............................employer.....................................
|
Name and address of principal............
|
| | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Name and surname of workmen
|
Age and sex
|
Father's/Husband's name
|
Nature of employment/ designation
|
Permanent home address of workmen (village and
Tahasil/ Taluk and district)
|
Present address
|
Date of commencement of employment
|
Date of termination of employment
|
Signature or thumb impression
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
|
|
|
|
|
|
|
|
|
|
|
Form X
[See Rule 75]
Employment Card
| | |
| --- | --- |
|
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............
|
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Name of the workman
|
Sl. No. of the register of workmen employed
|
Nature of employment/ designation
|
Wage rate (with particulars of unit, in case of
place work
|
Wages period
|
Period of employment
|
Remarks
|
Signature of contractor
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
|
|
|
|
|
|
|
|
|
Form XI
[See Rule 76]
Service Certificate
| | |
| --- | --- |
|
Name and address of contractor..........
|
Name and address of establishment in/under which contract is
carried on.......
|
|
Name and location of work...........
|
|
Name 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
|
Actual number of days worked
|
Nature of work done
|
Rate of wages (with particulars of unit in case
of piece work)
|
Total wages earned by workman during the period
|
Total deduction made, if any
|
Total wages actually paid
|
Remarks
|
|
From
|
To
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
|
|
|
|
|
|
|
|
|
|
Signature of Contractor
Form XII
[See Rule 77(2) (a)]
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.......
|
|
Nature and location of work.................
|
For the month of..................
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Name of workman
|
Father's/ Husband's name
|
Sex
|
Dates
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
|
|
|
|
|
|
|
|
|
|
|
Form XIII
[See Rule 77(2) (a)]
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-Fortnightly/Monthly
|
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Name of workman
|
Serial No. in the Register of workmen employed by
contractor
|
Designation/ Nature of work done
|
No. of days worked
|
Wages rate
|
Units of work done
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
|
|
|
|
|
|
|
|
| | | |
| --- | --- | --- |
|
Amount of wages earned
|
Total deduction
|
Net amount paid
|
|
Price rate
|
Basic Wages
|
Dearness allowance
|
Overtime
|
Other cash payments indicating nature of payment
|
Total
|
|
(8) |
(9) |
(10) |
(11) |
(12) |
(13) |
(14) |
(15) |
|
|
|
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Time and date of payment
|
Place of payment
|
Signature/ thumb impression of employees
|
Initial of contractor or his representative
|
Initial of authorised representative of principal
employer
|
|
(16) |
(17) |
(18) |
(19) |
(20) |
|
|
|
|
|
|
Form XIV
[See Rule 78(2) (a)]
Form of Register of Wage-cum-Muster Roll
| | |
| --- | --- |
|
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-Weekly
|
|
|
From...........To......
|
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Sl. No. in register of workmen employed by
contractor
|
Name of employees
|
Designation/ Nature of work
|
Daily attendance/units worked
|
Total attendances/units of work done
|
Daily rate of wages/piece rate
|
Amount of Wages earned
|
|
1 2 3 4 5 6 7
|
Basic wages
|
D.A.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
|
|
|
|
|
|
|
|
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Amount of Wages earned
|
Time and date of payment
|
Place of payment
|
Signature/thumb impression of workmen
|
Initials of contractor or his representative
|
Initials of authorised or principal employer
|
|
Overtime
|
Other cash payment (Nature of payment to be
indicated)
|
Total deduction
|
Net amount paid
|
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
|
|
|
|
|
|
|
|
|
|
Form XV
[See Rule 77(2) (b)]
Wages slip
| | |
| --- | --- |
|
Name and address of contractor.........
|
Name and address of establishment in/under which contract is
carried on................
|
|
Nature and location of work......
|
|
Father's name of the workman.......
|
Name and address of principal employees......
|
|
For the week/fortnight/Month Sex andidentification
token/ticket No.........
|
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
No. of days worked
|
Rate of daily wages/piece rate
|
No. of units worked in case of piece rate workers
|
Dates on which overtime worked
|
Overtime hours and amount of overtime wages
|
Gross wages payable
|
Deductions, if any
|
Actual wages paid
|
Signature of the contractor or his representative
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
|
|
|
|
|
|
|
|
|
|
Form XVI
[See Rule 77(2) (d)]
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...............
|
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Name of workman
|
Father's/ Husband's name
|
Designation
|
Particulars of damages/loss
|
Date of damage
|
Whether worker 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
|
No. of instalments
|
Date of Recovery
|
Remarks
|
|
First instalment
|
Last instalment
|
|
(8) |
(9) |
(10) |
(11) |
(12) |
(13) |
|
|
|
|
|
|
|
Form XVII
[See Rule 78(d) ]
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 woman
|
Father's/ Husband's name
|
Designation
|
Act/ Omission for which fine imposed
|
Date of offence
|
Whether employer showed cause against fine
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
|
|
|
|
|
|
|
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Name of person in whose presence employee's
explanation was heard (in case of contractor)
|
Rate of wages
|
Date of wages
|
Amount of fine imposed
|
Date on which fine realised
|
Remarks
|
|
(8) |
(9) |
(10) |
(11) |
(12) |
(13) |
|
|
|
|
|
|
|
Form XVIII
[See Rule 77(2) (d)]
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...............
|
| | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Name
|
Father's name or Husband's name
|
Nature of employment
|
Earnings during a wage period
|
Date and amount of advance
|
Purpose(s) for which advance made
|
No. of instalments by which advance to be repaid
|
Amount of instalments repaid with date of
postponement granted
|
Date on which total amount paid
|
Signature or thumb impression of the worker
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
|
|
|
|
|
|
|
|
|
|
|
Form XIX
[See Rule 77(2) (c)]
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...............
|
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Name of workman
|
Father's/ Husband's name
|
Sex
|
Designation and Department
|
Date on which overtime on work was put in
|
Wages of overtime on each occasion
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Total overtime worked or production in case of
piece rates
|
Normal hours
|
Normal rate
|
Overtime rate
|
Normal earnings
|
Overtime earnings
|
Total earnings
|
Date on which overtime payment made
|
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
|
|
|
|
|
|
|
|
|
Form XIX
[See Rule 77(2) (c)]
Return to be sent by the contractor to Licensing Officer for the half year ending.....
### 1. Name and address of the contractor... ###
2. Name and address of the principal employer.........
### 3. Name and address of the establishment.......... ###
4. Duration of contract from........ to........
### 5. No. of days during the half year on which contract labour was employed...... ###
6. Maximum number of contract labour employed on any day during the half year.....
Men ....
Women ....
Children ....
### 7. (i) Normal hours of work per day... (ii)
(a) Whether weekly holiday observed...
(b) If so, whether it was paid for ....
(iii) Particulars of rest, interval and weekly spread over....
(iv) Rate of overtime wages....
(v) No. of man-hours of overtime worked during the half year....
### 8. Total number of man-days worked by Men....
Women....
Children....
### 9. Total amount of wages paid Men....
Women....
Children....
### 10. Total amount of deductions from wages, if any, effected- Men....
Women....
Children....
### 11. Whether the contractor has provided (i) Canteens..
(ii) Rest-Rooms..
(iii) Drinking Wager..
(iv) Creches..
(v) First-aid..
(If the answer is 'yes' state briefly standards provided)
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Place.........
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Signature of the Contractor
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Date..........
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Form XXI
[See Rule 81 (2) ]
Annual return of principal employer to be sent to the Registering Officer
Return for year ending the 31st December....
### 1. Full name and address of the principal employer.... ###
2. Name of establishment...........
(a) District
(b) Postal address
(c) Nature of operation/industry/work carried on
### 3. Full name of the manager or person responsible for supervision and control of the establishment ###
4. Maximum number of workmen employed as contract labour on any day during the year....
### 5. Total number of days during the year on which contract labour was employed.... ###
6. Total number of man-days worked by contract labour during the year....
### 7. Maximum number of workmen employed directly on any day during the year........ ###
8. Total number of days during the year on which directly-employed labour was employed....
### 9. Total number of man-days worked directly employed workmen.... ###
10. Nature of work on which contract labour was employed.............
### 11. Amount of security deposits made by contractors (give contractor-wise).... ###
12. Amount of security deposits forfeited together with the names of contractor, if any....
### 13. Whether there is any change in the management of the establishment, its location or any other particulars furnished to Registering Officer in the form of application of registration at the time of registration, if so, from what date.... | | |
| --- | --- |
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Place.........
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Date..........
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Principal Employer
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Annexure to Form
| | | | | | |
| --- | --- | --- | --- | --- | --- |
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Name and address of the contractor
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Period of contract
|
Nature of work
|
Maximum number of worker employed by each
contractor
|
Number of days worked
|
Number of man days worked
|
|
From
|
To
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
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65b8f4d4ab84c7eca86e80e8 | acts |
State of Karnataka - Act
--------------------------
Karnataka State Civil Services (Prevention of Strikes) Act, 1966
------------------------------------------------------------------
KARNATAKA
India
Karnataka State Civil Services (Prevention of Strikes) Act, 1966
==================================================================
Act 30 of 1966
----------------
* Published on 25 January 1967
* Commenced on 25 January 1967
Karnataka State Civil Services (Prevention of Strikes) Act, 1966
(Karnataka Act
No. 30 of 1966
)
Last Updated 26th November, 2019
Statements of Objects and Reasons - (Act
30 of 1966
.) - As it was apprehended that certain organised bodies of Government employees would cause dislocation of work by resorting to strikes, it was considered necessary to provide for prevention of strikes by Government employees of the State. Since both the Houses of Legislature were not in session an Ordinance for this purpose was promulgated.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A as No. 187 dated 9-11- 1966.)
Statements of Objects and Reasons - (Amending Act 6 of 196.) - In order to enforce the provisions of the Mysore State Civil Services (Prevention of Strikes) Act, 1966 effectively, it was found necessary to provide for punishment for an offence of instigation of a strike both with fine and imprisonment, and for the prosecution being given an opportunity to oppose an application for release on bail of persons accused or convicted of instigation of strikes. Provision was also considered necessary to ensure speedy trial of offences of this kind. An Ordinance was accordingly promulagted on 25th January 1967. This Bill is intended to repalce the Ordinance.
(Published in the Karnataka Gazette (Extraordinary) Part IV- 2A as No. 80, dated 27-3- 1967.)
(Received the assent of the Governor on the Seventh day of December 1966)
An Act, to provide for the prevention of strikes by civil servants of the [State of Karnataka]
[Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.]
.
Whereas it is expedient to provide for the prevention of strikes by civil servants of the [State of Karnataka]
[Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.]
.
Be it enacted by the [Karnataka]
[Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.]
State Legislature in the Seventeenth Year of the Republic of India, as follows :-
### 1. Short title, extent and commencement.
(1) This Act may be called the [Karnataka State]
[Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.]
Civil Services (Prevention of Strikes) Act, 1966.
(2) It extends to the whole of the [State of Karnataka]
[Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.]
.
(3) It shall come into force at once.
### 2. Definitions.
- In this Act,-
(1) "State Civil Servant" means a person who is a member of a civil service of the [State of Karnataka]
[Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.]
or holds any civil post under the [State of Karnataka]
[Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.]
;
(2) "strike" means a cessation of work (including any unauthorised absence from duty) by a body of State civil servants acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of State civil servants to work.
### 3. Prohibition of strike.
- No State civil servant shall resort to strike.
### 4. Penalty for strikes.
- Any State civil servant who commences, continues or otherwise acts in furtherance of a strike shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
### 5. Penalty for instigation, etc.
- Any person who instigates or incites State civil servants to take part in, or otherwise acts in furtherance of a strike, shall be punished with imprisonment for a term which may extend to one year [and with fine which may extend to one thousand rupees]
[Substituted by Act 6 of 1967 w.e.f. 20.4.1967]
.
### 6. Penalty for giving financial asistance.
- Any person who knowingly expends or applies any money in furtherance or support of a strike shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.
### 7. Attempts, etc., to commit offence.
- Any person who attempts to commit, or does any act preparatory to commission of any offence under this Act, shall be deemed to have committed such offence.
### 8. Offences by associations.
(1) Where an offence under this Act has been committed by an association, every person who at the time the offence was committed was in charge of, and was responsible to, the association for the conduct of the business of the association, as well as the association, 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 he has exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any such offence has been committed by an association and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any member of the executive or managing committee of the association or any manager, secretary or other officer of the association such member, 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 purpose of this section, "association" means any body of individuals whether incorporated or not.
### 9. Power to arrest without warrant.
- Any police officer may arrest without warrant any person who is reasonably suspected of having committed any offence punishable under this Act.
### 9A. [ Special Provision regarding bail.
[Section 9A & 9B inserted by Act 6 of 1967 w.e.f. 20.4.1967]
- No person accused or convicted of an offence under section 5 of this Act shall, if in custody, be released on bail or on his own bond unless the prosecution has been given an opportunity to oppose the application for such release and where the prosecution opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.
### 9B. Precedence for trials.
- The trial of any offence under this Act in any court shall have precedence over the trial of any other offence pending in such court.]
### 10. Repeal of [Karnataka]
[Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.]
Ordinance No.1 of 1966.
- The [Karnataka State]
[Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.]
Civil Services (Prevention of Strikes) Ordinance, 1966, is hereby repealed.
|
65b9b783ab84c7eca86e9b72 | acts |
State of Rajasthan - Act
--------------------------
The Rules For the Administration, Admission and Rehabilitation of Persons in Homes and Shelters, 1970
-------------------------------------------------------------------------------------------------------
RAJASTHAN
India
The Rules For the Administration, Admission and Rehabilitation of Persons in Homes and Shelters, 1970
=======================================================================================================
Rule THE-RULES-FOR-THE-ADMINISTRATION-ADMISSION-AND-REHABILITATION-OF-PERSONS-IN-HOMES-AND-SHELTERS-1970 of 1970
------------------------------------------------------------------------------------------------------------------
* Published on 13 August 1970
* Commenced on 13 August 1970
The Rules For the Administration, Admission and Rehabilitation of Persons in Homes and Shelters, 1970
Published vide Notification No. GSR 244/F 8(2) Rules/SW/ 70/419701, dated 13-8-1970, Published in Rajasthan General Gazette part 4-C, dated 18-2-1971
The Governor of Rajasthan is hereby pleased to make the following Rules for the Administration, Admission and Rehabilitation of persons in Homes and Shelters.
Chapter - I
### 1. Short title-Rules for Homes & Shelters.
- These rules shall be called -
(a) "Rules for Homes and Shelters"
(b) These rules shall apply to all Homes and Shelters established by the Social Welfare Department, under the Moral and Social Hygiene and After care Programmes.
(c) These shall come into force with effect from the date of their publication in the Rajasthan Rajpatra.
### 2. Definitions.
- In these rules, unless the context otherwise requires. -
(a) "Act" means the Suppression of Immoral Traffic in Women and Girls Act, 1956;
(b) "Association" means Rajasthan State Branch of the Association for Moral and Social Hygiene in India;
(c) "Chief Inspector" means the Chief Inspector appointed by the Government for Protective Homes, Aftercare Homes, Children Homes, Approved and Certified Schools etc;
(d) "Director" means the Director of Social Welfare Department, Rajasthan;
(e) "Committee" means a Committee constituted under rule 28 for each Home/Shelter in the State of Rajasthan;
(f) "District Probation officer" means the District Probation officer appointed under rule 2(6) of the Rajasthan Probation of offenders Rules, 1962;
(g) "Government" means the Government of Rajasthan;
(h) "Home" means and includes -
(i) Home for rescued Women,
(ii) Aftercare Home for Men and Women,
(iii) Protective Home as established or declared by the State Government under section 21 of the Act.
(i) "Shelter" means and includes any shelter or reception centre opened by the Government for the purposes of admitting men and women eligible for admission in the Home or Shelter, as per these rules or according to the provisions of the Act;
(j) "Superintendent" means the principal officer incharge of a Home of Shelter and includes Assistant Superintendent or persons specially appointed to discharge the functions of a Superintendent.
### 3. Location.
- The Government shall establish, maintain or recognised Homes and Shelters at suitable places in the State.
### 4. Area of operation.
- The area of operation for each Home or Shelter shall be as defined by the Director.
### 5. Accommodation.
(1) Each Home shall ordinarily have an accommodation of 100 inmates and each Shelter for 25 inmates, but the Director shall have powers to revise this strength from time to time.
(2) It should be ensured that rescued women and hardened exprisoners are not mixed up with other groups. If practical considerations, convenience or exigency require several groups to be accommodated in the same Home, this should be taken care of by making separate arrangements for each groups and by an appropriate intake policy following upon an adequate system of investigation and classification.
### 6. Rescue Homes.
- The Government may establish or maintain a State Rescue Home for the women facing moral danger, or those rescued from immoral traffic. Female ex - convicts will not ordinarily be admitted in this Home but shall be allowed to be admitted as a special care only with the permission of the Chief Inspector. This Home shall be a long stay home at the State level for the custody, protection and training of the females for their rehabilitation. Rescued women shall not be allowed to mix with other groups.
### 7. After care Home.
(a) The Government may establish or maintain Aftercare Homes for men and women separately, for persons discharged from both care and custodial institutions, such as Jails, Approved Schools, Certified Schools, Reformatories, Borstal Schools, Children Homes, Orphanages, Shelters, Probation Homes etc. Such a Home will be a long - stay Home for the residence and training of persons for their emotional, social and economic rehabilitation.
(b) Protective Home. - The Government may establish or maintain a Protective or declare any institution as a Protective Home under section 21 of the Act for admission, stay and protection of female person send under the provisions of the Act.
Chapter - II Institutional programme
### 8. Eligibility for admission.
(1) The institutions of Homes and Shelters will admit men or women, as the case may be, according to their eligibility defined in rules 2(i), 6 and 7 above.
(2) Children below the age of 7 years may be allowed to stay in a Home and Shelter along with their parents provided no other arrangement is possible. Children above the age of 7 years may be sent to orphanages or elsewhere.
(3) Any other person requiring shelter, care or aftercare may be admitted with the permission of the Chief Inspector.
### 9. Re-admission.
- Re-admission of a person once discharged from a Shelter or Home shall be allowed only with the permission of the Chief Inspector or under a Court order. Permission shall have to be sought within a week after such re-admission.
### 10. Sources of admission.
- Admission to the Home or Shelter will be made subject to availability of accommodation and facilities:-
(a) On a court order under the Act or otherwise.
(b) On the recommendations of a reputed Social Worker or recognised Voluntary Agency working in the field of Moral and Social Hygiene.
(c) On the recommendations or consent of a parent/husband/legal guardian.
(d) on the request of a person in need of protection.
(e) On being sent by police, but no such inmate once admitted shall be handed over to any one without the order of a Court of the Magistrate, 1st Class or the Chief Inspector.
(f) On being recommended by the Committee.
### 11. Restriction on admission.
(a) Mental cases and persons suffering from leprosy and other infectious or communicable disease shall not be admitted into these Homes or Shelters.
(b) No person shall be allowed admission except under rule 10(a) and (e) unless adequate investigation at the Shelters and the Homes have been made by a duly trained worker.
(c) In female Homes or Shelters admission shall be restricted, as far as possible, to the age groups of 14 to 45 years.
(d) In a male After - care Home persons above 45 years will not be admitted.
### 12. Procedure for admission.
(a) A person shall be admitted in a Home or Shelter on receiving an application in the prescribed form through any of persons mentioned in rule 10 above and his/her particulars will be recorded in the Register of Admissions and Discharge.
(b) The Superintendent or the Assistant Superintendent as the case may be, of any Home or Shelter shall be empowered to grant admission to a person received through court or police, and provisional admission in other cases. As soon as a person received through court or police is admitted, and in other cases provisionally admitted, a report of this fact will be prepared in four copies in Form 1 .A. One copy of the report shall be forwarded to each of the Chairman of the Committee, the Chief Inspector and Director, Social Welfare within 24 years. Approval for final admission to persons other than received through court or police shall be obtained, after necessary investigations, latest within a week, from the Chairman of the Committee or from the Chief Inspector, if the Chairman of the Committee is not available or special permission is necessary under rule 8(3). The report for final admission shall be made in Form I-B.
(c) In case admission is disallowed by the Chairman of the Committee, the Superintendent or the Assistant Superintendent may refer the case to the Chief Inspector. The decision of the Chief Inspector in such case shall be final.
(d) A new comer shall be interviewed by the Superintendent or the Assistant Superintendent of the Home or Shelter to assess his/her suitability for admission. On admission she/he shall be kept in quarantine for a fortnight and medically examined. If found fit physically and free of any communicable disease, he/she shall be accommodated in the respective block meant for him/her.
(e) At the time of admission, particulars of jewellary, cash and other belongings will be entered in the prescribed register and taken custody of by the Superintendent under the witness of two literate employees of the institution. The Property Register of inmates shall be checked and properly verified by the Chief Inspector once in every two months.
### 13. Period of stay.
(a) No person shall be allowed to stay for more than three months in a Shelter without the permission of the Chief Inspector. If a longer stay is necessary such person may be sent to a suitable Home under the directions of the Chief Inspector.
(b) Ordinarily an inmate-will not be allowed to stay for more than 18 months in an After care Home. When it is found that an inmate should be allowed to stay in the institution beyond 16 months, the Superintendent shall refer the case to the Chief Inspector with necessary details and recommendations. The decision of the Chief Inspector in such case shall be final.
(c) A female inmate may be allowed to stay in the Home for a period not exceeding 18 months or till her training in a particular trade or profession is completed or as directed by any court orders. If it is found that an inmate should be allowed to stay in the institution beyond 16 months, the Superintendent shall refer the case to the Chief Inspector with necessary details and recommendations. The decision of the Chief Inspector in such case shall be final.
(d) If an inmate of the Home or Shelter has secured a job or employment he/she may be allowed to continue to live in the Home or Shelter for a period not longer than two months, with the permission of the Chief Inspector.
### 14. Discharge of inmates.
(a) A female inmate admitted through a court order will be discharged under orders of the court or with the permission of the Chief Inspector. A female inmate admitted through police shall not be discharged or handed over to any one without the order of a court of Magistrate I Class or the Chief Inspector. Permission of the Chief Inspector shall be obtained to discharge other female inmates for their proper rehabilitation. Any person who leaves the Home or Shelter without permission and does not come back within a week, will be discharged. Ordinarily an inmate should be discharged when the programme of counselling, assistance and training of inmates to enable them to live as a self reliant, respectful, honest and useful citizen is completed. An inmate may also be discharged as a disciplinary measure with the prior sanction of the Chief Inspector.
(b) When an inmate is discharged from the Home or Shelter under these rules he/she will be allowed to take back the jewellary, cash and other belongings which were deposited at the time of his/her admission or as a result of his/her earnings during stay in the Home or Shelter. In case of transfer of an inmate from one institution to another the above property will also be transferred.
(c) If the inmate has insufficient or indecent clothes, he/shall be allowed to leave the Home or Shelter on discharge or transfer with one set of clothes on his/her body.
### 15. Transfer of inmates.
- Permission in writing shall be obtained from the Chief Inspector before any transfer of inmates is made from one institution to another.
### 16. Death of inmates.
- In case of death of any of the inmates, the Superintendent or the Assistant Superintendent of the Home or Shelter shall immediately report the circumstances of the case to the Director, Chief Inspector, District Superintendent of Police and to the nearest Magistrate; copy of the report shall also be sent to the parents or guardians or relatives as the case may be of the inmate.
### 17. Daily routine.
- A programme of daily routine activities in a Home or Shelter shall be drawn up by the Superintendent or the
Assistant Superintendent in consultation with the Chief Inspector. In doing so, following points are to be kept in view
(1) The difference in the needs of mental and social adjustment of various inmates.
(2) The need for some community recreation and social education during the leisure hours.
(3) The need for educational and vocational training for various inmates including literacy arrangements.
(4) All inmates should do their own room - cleaning and assist in cooking in batches and help in keeping the premises clean. They should also wash their own clothes. Self - help in all these matters should be promoted.
(5) The need for placement of inmates on jobs and occupations leading to their rehabilitation..
### 18. Educational Programme.
- There shall be arrangements in a Home or outside in educational institutions for imparting suitable education to inmates at Government cost, if necessary for their proper rehabilitation.
### 19. Training and Production Programme.
(a) There shall be as far as possible Training and Production Units attached to each Home for affording facilities for training in different crafts and trades. These should suit the local conditions and local requirements and be such as may be helpful for the ultimate rehabilitation of the inmates.
(b) While working in the Training and Production units, inmates will be entitled for incentive wages at rates prescribed by the Government for various crafts and trades under a particular scheme. Payment of these wages will be arranged accordingly to directions of the Government in this behalf.
(c) Facilities may be provided to inmates for training in skills, professions and trades outside the Home on Government cost, if necessary for their proper rehabilitation.
(d) In each shelter there shall be arrangements for keeping the idle inmates gainfully busy in crafts and skills of ordinary nature.
### 20. Rehabilitation.
(1) The final aim of any programme of care or aftercare is complete rehabilitation through measures calculated to promote self - reliance, self - respect, discipline and emotional and social adjustment. Such a rehabilitation of each inmate in a Home or Shelter shall be achieved through programmes of counselling, assistance, education and training etc. The procedure involved shall be the medical examination, classified assessment of aptitude, skills and attitudes, contact with parents and relatives investigation into individuals background preparation of rehabilitation plan for each inmate and discussions on these plans in a monthly case conference. Case work practice shall be adopted by the staff in dealing with inmates for their proper rehabilitation.
(2) Rehabilitation may be achieved in any of the following ways:
(a) Restoring the inmates to his family.
(b) Counselling the inmate and his or her relatives to facilitate their re - adjustment.
(c) Imparting suitable training in a craft, trade or profession inside or outside the institution and thereby enabling the person to earn his or her livelihood.
(d) Enabling the inmate to secure a job or employment but no female inmate of 40 years or below be sponsored for the job of a domestic servant.
(e) Arranging marriage of a female who is unmarried, widow or divorced with a suitable person.
(f) Minor children unclaimed by their parents may be given in adoption after observing legal formalities, and safe - guarding their future welfare.
(g) Providing financial assistance to inmates for establishing themselves in trades or occupations.
(3) The rehabilitation plan for each inmate shall be submitted to the Chief Inspector for approval and shall be implemented after the approval has been accorded.
### 21. Procedure of arranging the marriage of a female inmate.
(1) On receipt of an informal proposal from an intending suitor the Superintendent shall supply him with two copies of form of the suitors proposal for marriage, on payment of the price, if any, fixed in by the Director. These forms will be returned to the Superintendent duly filled in by the suitor with necessary enclosures.
(2) The Superintendent shall forward one copy of the suitor's proposal to the concerned District Probation officer, if she is satisfied that -
(a) The suitor is an earning member capable of maintaining a family.
(b) The suitor is hale and healthy without any communicable or infectious diseases.
(c) The suitor is an unmarried person or a widower with or without children. In the case of a person having a living wife, he must get a legal divorce of such a wife and the divorce certificate from a competent court shall be produced for verification.
(3) The District Probation officer shall conduct the Home enquiries of the suitor and forward the Home enquiry report to the Superintendent as early as possible and not later than one month from the date of receipt of the proposal by him. The District Probation officer shall also send a copy of the Home Enquiry Report to the Chief Inspector along with the copy of suitor's proposal received by him from the Superintendent.
(4) On receipt of the Home Enquiry Report from the District Probation officer, the Superintendent will propose suitable girls with their case evaluation reports to the Marriage Sub - Committee, if -
(a) The girl is willing to marry the suitor;
(b) The consent of the parents or guardians, if necessary, has been obtained;
(c) The medical officer has certified that the inmate selected is fit for marriage;
(d) The girl belongs to the same religious persuation.
(5) Recommendations of the Marriage Sub-Committee shall be forwarded by the Superintendent to the Chief Inspector with her own comments, alongwith the case file and other necessary record of the case.
(6) The Chief Inspector shall examine the case and intimate his approval or disapproval of the marriage proposal to Superintendent concerned. In case the Chief Inspector disagrees with the recommendations of the Marriage Sub-Committee, he will obtain orders of the Director in the matter.
(7) If the marriage proposal is approved, the Superintendent shall direct the suitor to deposit Rs. 200/ - which shall be the property of the inmate and shall be refunded to her after a year.
(8) The marriage, even if performed formally according to custom, shall be registered under the Registration of Marriages Act within three months of the marriage.
(9) Immediately after the marriage, the Superintendent will issue a marriage certificate and forward a copy of it to the Chief Inspector for information in the prescribed form. At the same time she will obtain the undertaking from the husband of discharging the girl to his care in the prescribed form of undertaking for lawful guardians.
(10) In deserving cases, before the marriage takes place, the Chief Inspector shall sanction a marriage grant of Rs. [3500/-]
[Substituted by Notification dated 5-11-1996.]
to the inmate for equipping the inmate with utensils and other domestic or personal necessities.
(11) The Chief Inspector shall sanction an expenditure Rs. [500/-]
[Substituted by Notification dated 5-11-1996.]
for celebrating each marriage. In cases where the bridegroom is content to have the marriage celebrated in a simple manner, a nominal expenditure should be incurred for the marriage.
(12) The Chief Inspector may circulate the proposal with Home Enquiry Report received from the District Probation officer among Superintendents of the institutions for proposing a suitable girl.
### 22. Follow - up service after discharge.
(1) The aim of care and aftercare programmes does not end with the rehabilitation of a person. The authorities incharge of a Home or Shelter shall maintain contact as far as practicable, with persons discharged from the Home or Shelter with a view to minimise and eliminate chances of their relapsing into old habits and coming under unhealthy influences. The Committee and the supervising staff shall make all efforts in this direction. The supervising officer shall, for this purpose, work in close co-operation with the District Probation officers and employer or parents of inmates and Social Workers concerned. An assessment note about the inmate, containing his criminal and social history, information regarding his behaviour and performances in the institution and re - habilitation plan for him/her etc., may be drawn up and forwarded to the concerned District Probation officer. The District Probation officer shall take care of the follow-up and if necessary, inform the Superintendent or Assistant Superintendent of the Home or Shelter concerned.
(2) A register shall be maintained in each Home and Shelter and by the District Probation officer, recording the name of the inmate, his or her address, age, qualifications, nature or problem in which the inmate was involved, treatment given in the Home or Shelter, nature of final rehabilitation and the remarks about the follow-up action with progress.
### 23. Discipline among inmates.
- The following acts shall be forbidden in a Home or a Shelter:-
(a) Quarreling with any other inmates;
(b) Any assault or use of criminal force against any one;
(c) Use of insulting, obscene or threatening language;
(d) Immoral or indecent or disorderly behaviour;
(e) Wilfully damaging the Home property;
(f) Willful mismanagement of work;
(g) Tempering with or defacing history tickets, records, documents or tools;
(h) Receiving, possessing or transferring any prohibited articles;
(i) Wilfully bringing false accusation against any member of the staff or any inmate;
(j) Conspiring to escape or assisting any one in escape;
(k) Refusing to take food or wilfully destroying food;
(l) Committing nuisance in any part of the institution;
(m) Disobeying orders the Superintendent or Assistant Superintendent;
(n) Communicating with any person outside the Home or Shelter except with the permission of the officer-in-charge of the institution.
### 24. Punishment for indiscipline.
(1) The Superintendent may award any of the following punishments for the act or acts specified in rule 23 -
(a) temporary cessation of visits of parents or guardians,
(b) deprivation of play hours,
(c) change to work of harder nature for a period not exceeding three months.
(2) A punishment book shall be maintained in each Home or Shelter by the Superintendent or the Assistant Superintendent who shall record full particulars of the punishment awarded by him/her together with the nature of offences, the names of the offenders and the number of previous punishments awarded to them.
(3) An extract from the punishment book of entries of every month shall be sent by the Superintendent or the Assistant Superintendent to the Chief Inspector before the 10th of the following month.
(4) When any offence under the Indian Penal Code is committed by an inmate of the Home or Shelter, the Superintendent or the Assistant Superintendent shall -
(a) if the offence is non-cognizable, file a complaint with the prior permission of the Chief Inspector, and
(b) if the offence is cognizable refer the case to the officer - in - charge of the Police Station within whose jurisdiction the Home of Shelter is situate, and send a report to the Chief Inspector.
(5) No punishment other than those mentioned in rule 24, sub-rule (1) shall be awarded to or inflicted upon any inmate, and any member of the staff responsible for inflicting any unauthorised or unrecorded punishment of any inmate shall be liable for severe disciplinary action.
Chapter - III Equipment, Diet and other Miscellaneous facilities
### 25. Cloths and other equipments.
(1) On admission into the Home or Shelter, each inmate shall be supplied with clothes, beddings, utensils, soap, hair oil and comb etc. at the scale prescribed by the Government from time to time.(2) The Director shall determine the standard pattern and the life of articles to be supplied to inmates.
(3) Each inmate's clothing and equipment shall be renewed from time to time as the necessity arises.
### 26. Diet.
- The inmates shall be dieted according to the scale prescribed by the Government from time to time.
### 27. Journey expenses of the inmates of the homes and shelters.
(1) Journey expenses will be allowed at the following scale :-
(a) The lowest charge of the cheapest conveyance available on the route will be payable to the inmates;
(b) A subsistence allowance of Rs. 1.50 per day subject to maximum of 3 days under ordinary circumstances, will be paid to each of the inmates performing the journey exceeding five miles from one institution to other institution or to the place of interview or appointment or rehabilitation of any other kind and vice versa. If more than four hours are required to reach the place of destination.
(c) No inmate should ordinarily be allowed more than three interviews at Government cost for the purpose of attending interviews, rehabilitation or job placement. Any relaxation to this rule can only be made in deserving cases under specific approval of the Chief Inspector.
(d) Every female inmate of the institution shall be accompanied by a female employee of the Home. Outsider selected for admission into the x Home for women or Shelter may be accompanied by her female attendant, if any, and in such cases the attendant may be paid the actual charge of the cheapest conveyance available for both the ways, if incurred, and subsistence allowance of Rs. 1.50 each per day on production of a certificate from the local revenue authority or the Sarpanch to the effect that the woman seeking admission into the Home is actually poor and has no means to meet journey expenses from her place to the Home or Shelter and one escort is necessary in her case. A female employee of the Home or Shelter may also be sent to bring outsiders selected for admission to the Home or Shelter.
### 28. Interview.
- The inmates of the Home or Shelter shall be allowed interview with their relatives in the presence of the Superintendent or the Assistant Superintendent within the premises of the institution. Ordinarily visiting hours shall be fixed on Sundays.
### 29. Letter.
(1) Each inmate shall be allowed to write two letters in a month to his/her friend or relatives.
(2) Writing materials and service post - card shall be issued to the inmates. If reply cards or envelopes are received from the relatives, the expenditure may be reduced correspondingly.
(3) The Superintendent, may pursue any letter written by or to an inmate and may, for any reason that he/she considers sufficient, refuse to deliver or issue the letter and may destroy the same, after recording his reasons in the book maintained in form prescribed for the purpose.
### 30. Private cash.
- The private cash of inmates shall be kept in a pass book opened in his/her name in the Post office Savings Bank Account and shall be preserves by the Superintendent or the Assistant Superintendent of the Home or Shelter until the date of his/her discharge from the institution. In this account shall also be deposited all moneys which the inmate may get for work done by him inside or outside the institution or received from parents, relatives or others. The inmate shall be permitted to withdraw from his/her savings account not more than rupees two in any one week except where the Chief Inspector is satisfied that the extra money is required for reasonable cause.
[The Superintendent or the Assistant Superintendent of the Home or Shelter as the case may be, shall maintain the register of private cash of inmates showing the account of deposits, withdrawals and balances in the Post office Saving Bank Accounts and cash in hand, if any. This register shall be checked by the Chief Inspector once in every two months.]
[Added and Substituted by Notification dated 8-1-1971, Published in Rajasthan General Gazette Part IV-C(I) , dated 18-2-1971.]
### 31. Medical care.
(1) Every Home or Shelter provide adequate medical facilities to the inmates. Those requiring medical treatment shall be attended to by a Medical officer who shall be a registered medical practitioner, or sent to any Government Hospital.
(2) The Medical officer shall visit the Home or Shelter as the case may be, regularly and examine the health of Every inmate at least once in a month and the result thereof shall be noted in the history ticket of the inmate.
Chapter IV
Committee
-------------------------
### 32. Committee.
- There shall be a Committee for each Home and Shelter. The Committee for a Home shall consist of seven members and that for a Shelter of five members inclusive of the Chairman, ordinarily not more than one-third of the total members shall be official. The Committee shall also function as Board of Visitors under Rajasthan Suppression of Immoral Traffic in Women and Girls Rules, 1958. The Chairman will be the President of the Board of Visitors.
### 33. Chairman.
- Each Committee shall have a Chairman and a Secretary. The Chairman shall ordinarily be a non-official. The Chairman of the Committee of State Rescue Home or an After care Home for women shall [invariably be a non-official women and social worker]
[Substituted by Notification dated 8-1-1971, Published in Rajashtan General Gazette Part IV-C(I) , dated 18-2-1971.]
.
### 34. Ex-officio Secretary.
- The Superintendent or the Assistant Superintendent shall be ex-officio Secretary of the respective Committee. He/She shall be responsible for convening the meetings of the Committee in consultation with the Chairman for putting up agenda for meetings and for recording and preserving the minutes of the meetings and for other such incidental matters. The minutes recorded by the Secretary in a Minute Book shall be placed before the Chairman of the meeting for his/her signature in confirmation of the minutes. A copy of the minutes will be forwarded to the Chief Inspector within a fortnight from the date of meeting.
### 35. Ex-officio member.
- The Chief Inspector and the District Probation officer shall be ex-officio members of the Committee.
### 36. Nominate of members.
- While nominating the members for the committee, the state Government may, as far as possible, select from amongst the following :-
For official members of the Committee:-
### 1. District Magistrate (for Homes) ###
2. Superintendent of Police.
### 3. District Medical officer of Health. ###
4. Superintendent of local Jail.
### 5. officer of the Educational Department. ###
6. Employment officer.
For the non - official members of the Committee :
### 1. Representative of the local welfare organisation. ###
2. Representative of the local Municipality.
### 3. Representative of the local legal profession. ###
4. Representative of the local business community.
### 5. [ XXX] [Omitted by Notification dated 8-1-1971, Published in Rajasthan General Gazette Part IV-C(I) , dated 18-2-1971]
### 6. [ XXX] [Omitted by Notification dated 8-1-1971, Published in Rajasthan General Gazette Part IV-C(I) , dated 18-2-1971.]
[5]
[Re-numbered by Notification dated 8-1-1971, Published in Rajasthan General Gazette Part IV-C(I) , dated 18-2-1971.]
. Educationist.
[6]
[Re-numbered by Notification dated 8-1-1971, Published in Rajasthan General Gazette Part IV-C(I) , dated 18-2-1971.]
. Social Worker.
### 37. Term of office.
- The members of the Committee shall hold office ordinarily for two years from the date of their appointment. Any member may, however, be re-appointed to hold membership of the Committee to the extent of five years at the maximum at a stretch. Government may remove a member for reasons as may appear to them sufficient.
### 38. Resignation.
- Any non-official member who wishes to resign sell send his resignation to the Chairman of the Committee, who shall refer it to the Government through the Director.
### 39. Removal.
- The Committee shall be empowered to recommend the removal of any non-official member for failure to attend three consecutive meetings or for other sufficient reason. Such recommendations shall be made to the Government through the Director.
### 40. Meetings.
- The Committee shall ordinarily meet once in two months. Additional meetings shall be called when deemed necessary by the Chairman or by the Secretary in consultation with the Chairman or when one-third of the number of members so desire by a properly signed requisition.
### 41. Quorum.
- The quorum for a meeting of the Committee shall be one - third of the number of members. The Chairman shall preside at every meeting. If the Chairman is absent from any meeting the members present shall select one of the members to preside over the meeting. At least seven clear days notice will be given by the Secretary for the meeting of the Committee. However, urgent meetings can be held with the permission of the Chairman at a shorter notice.
### 42. Sub-committee.
(a) The Committee shall be empowered to appoint Sub - Committee of two or three members to look after specific items of work and to delegate its powers to them. Following Sub-Committees may be formed by each Committee:-
(1) Administration Sub-Committee.
(2) Education and Training Sub-Committee.
(3) Marriage Sub-Committee.
(b) Case Committee. - (i) The Committee shall nominate one of its members on the Case Committee of the institution. Other members of the Case Committee will be as follows:-
(1) District Probation officer.
(2) Superintendent or Assistant Superintendent of the institution.
(3) Case Worker/Investigator.
(4) Superintendent of the Deputy Superintendent of Jails, if there is a Jail at the place of the institution.
(5) Psychologist.
(i) The Chief Inspector will participate in the meeting of each Case Committee at least once in a year.
(ii) The Case Committees shall discuss the case histories of inmates in a monthly conference at the Home/Shelter.
(iii) The Superintendent or the Assistant Superintendent shall prepare the proceedings of the monthly conferences and send a copy of the proceedings to the Chief Inspector without delay.
### 43. Delegation of powers.
- The Committee shall be competent to delegate to the Chairman such of the powers vested on them as they deem fit and to the extent they consider necessary.
### 44. Functions of the committee.
(1) The Committee shall generally look after the affairs of the Shelter and for this purpose, it shall be open to [Chairman]
[Substituted by Notification dated 8-1-1971, Published in Rajasthan General Gazette Part IV-C(I) , dated 18-2-1971.]
to visit the Home or Shelter and interview the inmates at any time with a prior intimation to the Superintendent of the institution concerned. The Chairman shall be competent to visit a Home or Shelter at any time.
(2) The Committee of the Home or Shelter should be consulted in respect of all important administrative matters except those connected with the appointments of staff and disciplinary control over it. Barring the actual operation of Government funds and the maintenance of accounts, the Committee should be intimately associated with the management of Home or Shelter and any advice tendered by them should ordinarily be accepted and acted upon except when it is inconsistent with the Rules or financial procedure or any order issued by the Government or the Director. The Committee will thus be fully in picture as regards functioning of the Homes and Shelters even though the budget may be formally operated upon by Government officers.
### 45. Implementation of Resolutions.
(1) The Superintendent or the Assistant Superintendent shall give effect to the resolutions of the Committee or the Sub - Committee. If, in the opinion of the Superintendent or the Assistant Superintendent any resolution of the Committee or Sub - Committee is inconsistent with the rules or instructions in force or inexpedient or involves extra expenditure to Government, he/she shall, before giving effect to it submit such resolutions for orders of the Chief Inspector, and shall intimate to the Chairman the fact of having done so.
(2) No member shall issue any order to any subordinate officer of the Home or Shelter. They are competent to record their comments in the Visitor's Book for departmental action.
### 46. Budget Estimates.
(a) The Revised Budget Estimates for each financial year and budget estimates for the next financial year shall be prepared by the Secretary and submitted to the Committee for consideration and recommendation to the Director through the Chief Inspector.
(b) The Secretary shall place before the Committee in its ordinary meeting a comprehensive progress report of the institution bringing out the following matters:-
(i) Figures of the numbers of inmates in the institution on the date of the last meeting, the number of fresh admissions, the number of absconders and discharges and the present strength.
(ii) The number of inmates rehabilitated by securing gainful employment, restoration to normal home life through marriage or otherwise.
(iii) Cases for rehabilitation under correspondence with employing agencies.
(iv) The number of inmates selected for training in the training and production unit on the date of the last meeting and the number freshly admitted.
(v) Progress of the training and production unit with particular regard to the degree of skill and efficiency achieved by the trainees.
(vi) Arrangements for training made for inmates found unsuitable for admission to the training and production unit.
(vii) Arrangements for training outside the institution in professions and trades.
(viii) Arrangements for imparting education to inmates.
(ix) Health report of inmates.
(x) Case conference held and recommendations made thereat.
(xi) Non-recurring equipments, if any, purchased for the institution since the last meeting and further action, if any, proposed to be taken.
(xii) Any other administrative matters that may be recommended to be brought before the Committee for decision by any Sub-Committee.
(xiii) Copy of the Inspection Notes of the Chief Inspector, and Director will be placed before the Committee in the meeting.
(xiv) The State of the accounts of each inmate of the Home/Shelter having an account.
Chapter - V Institutional Personnel & Organisation
### 47. Personnel Organisation.
(1) Each Home will have a Superintendent a Case Worker or Investigator, a Nurse and such other staff as may be decided by the State Government from time to time.(2) Each Shelter will have an Assistant Superintendent and a Case Worker or Investigator besides such other staff as may be decided by the Government from time to time.
(3) Services of a Medical officer shall be made available to each Home and Shelter.
### 48. Qualifications.
(1) The Superintendent, Assistant Superintendent of Homes and Shelters shall be :-
(a) A post - graduate in Social Work with Psychology as one of the subjects in Degree Course.
Or
A post-graduate in Psychology with Sociology or Social Work as one of the subjects in Degree Course.
(b) Fulfill over conditions prescribed by the State Government for similar status and responsibility.
(2) A Case Worker/Investigator shall be a graduate in Arts having Psychology and Sociology or Social Work subjects in Degree Examination.
### 49. Service conditions.
- The procedure relating to the appointment of the personnel, their salaries, allowances and other conditions of service shall be the same as are applicable to Government servants of the State of a similar status and regulated by general rules on the subject in the Social Welfare Department.
### 50. Leave.
(1) Casual leave may be granted -
(a) to Superintendent of Homes by the Chief Inspector.
(b) to Assistant Superintendent Shelters by the District Probation officer but the Chief Inspector will be informed before the leave is availed.
(2) All other leave shall be granted to the Superintendent or Assistant Superintendents by the Director.
### 51. Duties and responsibilities.
(1) The Superintendent of the Home shall hold a Gazetted status and shall function as the Head of office as the Drawing and Disbursing officer of the Home and will be governed by the general rules regarding powers and responsibilities of such Government officers and will be fully responsible to the Chief Inspector and the Director in financial and administrative matters. In addition to other duties assigned by the Government from time to time, following duties and responsibilities appertaining to the Superintendent :-
(a) The Superintendent shall be responsible for the admission, care, custody, protection, treatment, training and general welfare of the inmates of the institution. He/she shall reside on the premises of the institution in the quarter provided by the Government free of rent.
(b) The Superintendent shall be responsible for management and general supervision of all work of the Home including the supervision of the work of the staff, maintenance of accounts and financial transactions, accounts of clothing, food stock, stores, private property of inmates, if any, etc.
(c) The Superintendent shall be responsible for good discipline of the institution and for efficient working of the training and production units. He/she may issue administrative orders to meet emergency reporting the circumstances of the case of the Chief Inspector and to the Committee of the institution as soon as possible.
(d) The Superintendent shall take all necessary measures for maintaining the good health of the inmates and maintain the institution in well sanitated condition.
(e) The Superintendent shall be responsible for maintaining the accounts, custody of jewellery, cash and other belongings of the inmates and submission of financial returns prescribed under the existing rules.
(f) The Superintendent shall be incharge of office correspondence, interviews with visitors and showing them round the Home.
(g) The Superintendent shall prepare case history, diagnosis and the treatment plan for inmates. He/she shall arrange for social and vocational rehabilitation of inmates, job - placement and follow-up work relating to persons discharged from the home.
(h) The Superintendent shall function as the ex-officio Secretary of the Committee.
(i) The Superintendent shall make surprise inspection of provision stores at least once a month, shall visit the institution at uncertain hours and check that every thing is in order.
(j) The Superintendent shall be responsible for submitting statements and returns under the rules in addition to such statements and returns as may be prescribed by the Government, the Director of the Chief Inspector from time to time.
(k) The Superintendent shall be responsible for proper dieting and clothing of inmates in accordance with the prescribed scale and consistence with the sanctioned grant.
(l) The Superintendent shall be generally responsible to the Committee for the proper administration of the Home.
(m) The Superintendent shall perform such other duties as may be assigned from time to time by the Director for the purpose of efficient working of the Home. He/she shall carry out executive instructions issued from time to time by the Chief Inspector for the proper management of the Home.
(n) The Superintendent shall maintain the following registers, records and documents :-
(i) Attendance Register of staff.
(ii) Movement Register of the staff.
(iii) General Admission and Discharge Register of inmates.
(iv) Attendance Register of inmates.
(v) Property Register of inmates.
(vi) General Order Book.
(vii) Punishment Book.
(viii) Visitors Book.
(ix) Minutes Book for the meeting of the Committee.
(x) Registers and records relating to the correspondence with Shelters and different organisations for the purposes of social and vocational rehabilitation of inmates.
(xi) Records of pre-release contact in respect of those released from correctional institutions.
(xii) Follow-up Register.
(xiii) Records of individual inmates. - Individuals Case Records containing :-
(1) History Sheets of inmates;
(2) Health records;
(3) Educational and Vocational Performance Record;
(4) Records relating to the preparation of rehabilitation plan and steps taken in its implementation;
(5) Records of general performance in Home including interview notes;
(6) Records of follow-up and family contracts.
(xiv) Accounts and Service Registers. - All records prescribed under Finance Accounts and Service Rules and including:-
(1) Cash Book.
(2) Stock Ledger.
(3) Purchase Register.
(4) Receipts and Issue Register of Stock and Store.
(5) Acquittance Roll.
(6) Register of Dead Stock.
(7) Service Book, Character Rolls and Service Records.
(8) Records relating to the earnings of the inmates.
(9) Receipts and accounts for issue of post - card to inmates.
(xv) office Journal. - The Superintendent shall in his/her own hand - writing, maintain an office Journal in which shall be recorded daily, every occurrence of importance connected with the management of the Home, which is not otherwise disposed of in the registers of correspondence and which it is desirable to note for future guidance.
(o) Visitor's Book. - There shall be a Visitor's Book kept in the office of the Home or Shelter. Immediately on completion of the visit the visitor or the member of the Committee shall record his/her findings, remarks and suggestion in the Visitor's Book in his/her own handwriting. Such records shall be limited to a statement of facts found during the visit. The remarks and suggestion shall be based on the facts observed.
(2) Assistant Superintendent. - [(a) The Assistant Superintendent of a Home shall discharge all the functions of a Superintendent in his/her absence on other occasions he/she shall assist the Superintendent in all items of work assigned to him under the rules or under the instructions of the Director or the Chief Inspector. The Assistant Superintendent shall particularly be responsible for the care of inmates and accounts of clothing food stock stores and sanitation of the institution. He/she shall reside on the premises of the institution in the quarter provided by the Government free of rent]
[Substituted by Notification dated 8-1-1971, Published in Rajasthan General Gazette Part IV-C(I) , dated 18-2-1971.]
.
(b) The Assistant Superintendent of Shelter shall function as the Superintendent of the Shelter and shall function in the same way as the Superintendent of the Home in so far as the Shelter is concerned, with similar duties and responsibilities excepting those relating to the Head of office and Drawing and Disbursing officer. He/she shall reside on the premises of the institution in the quarter provided by the Government free of rent. He/she shall maintain the same registers and records and submit such returns and reports as prescribed and relevant for the Shelter. He/she shall be generally responsible to the Committee. He/she shall perform such other duties as may be assigned to him/her from time to time by District Probation officer, the Chief Inspector and the Director for the purposes of efficient working of the Shelter.
(3) Case Worker/Investigator. - (a) He/she shall maintain case files of the inmates guidance of the Superintendent/Asstt. Superintendent.
(b) He/she shall investigate into the case history of the inmates from time to time and report the same to the Superintendent or the Assistant Superintendent under his/her guidance.
(c) He/she shall assist the Superintendent and the Assistant Superintendent in contacting agencies and courts etc. in connection with legal matters and rehabilitation of inmates.
(d) He/she shall perform such other duties as may be specified by the Chief Inspector from time to time.
Chapter - VI General Supervision
### 52. Director.
- The Director, Social Welfare shall exercise the powers of the Head of the Department over all the Homes and Shelters in the State. The Director shall inspect the Homes and Shelters at least once a year.
### 53. Chief Inspector.
- The Government shall appoint a Chief Inspector for all the Homes and Shelters in the State. Among other duties assigned to him by the Government from time to time, the following duties shall appertain to the Chief Inspector:-
(i) He shall superintend and control the working of these rules:
(ii) He shall have general control over the staff in all the Homes and Shelters;
(iii) He shall inspect all the Homes and Shelters whether established or recognised by the State Government at least twice in year and submit his inspection reports to the Director and the State Government;
(iv) He shall submit to the Director consolidated monthly, quarterly and annual reports and returns, expenditure statements and such other returns as may be prescribed by the Government from time to time.
### 54. Administration Report.
- The Superintendent and the Assistant Superintendent incharge of every Home or Shelter shall submit to the Chief Inspector, a report on the administration of the institution for the previous year, not later than the 15th February of each year. The Chief Inspector shall send annually to the Government through the Director, a report on the working of these rules together with his remarks, if any, in the first week of April each year.
### 55. Prescribing additional forms.
- Besides Forms I to VIII prescribed under these rules, the State Government, the Director, Social Welfare and the Chief Inspector may prescribe forms to be used in the implementation of these rules from time to time.
### 56. Repeal and supersession.
- These rules will supersede the Rules for Admission and Rehabilitation of Persons into Homes and Shelters, 1964, notified by the Social Welfare Department vide No. F. 13(3) S.W./61, dated 28-3-1964.
Form I
[Rule 12 (a) ]
Application for admission in Homes/Shelters
To,
The Superintendent/Assistant Superintendent,
...... Home/District Shelter........
Sir/Madam,
I hereby apply for admission in the Home/District Shelter .......... through (if applied through some body) and request that same may kindly be granted. I further submit following information about me which I declare to be true to the best of my knowledge :-
### 1. Full name (in capital letters) ###
2. Name and address of father/husband/guardian.
### 3. Full address of the applicant - (a) Local
(b) Permanent
### 4. Caste Sub-caste Age...................... Sex Religion.............. ###
5. Details of offence, if convicted.
### 6. Source of admission - (a) Name of the Court and its order and date.
(b) Police Station and its letter No. and date.
(c) Voluntary.
(d) Name and address of Social Worker/representative of the voluntary agency.
(e) Name and address of the relative who sponsored the admission.
Any other information.
Signature of Applicant.
Signature of Social Worker/representative
of the voluntary agency/relative or
member of the Committee.
Orders of the Superintendent/Assistant Superintendent.
No.
Dated
Shri/Shrimati/Kumari..............
may be temporarily admitted /may be refused admission\*
Signature and seal.
\* Reasons of refusal may be recorded.
The Chairman of the Committee.
The above applicant was admitted temporarily on .............. The investigation report has been obtained which is enclosed herewith. The admission of the applicant may kindly be confirmed.
Superintendent/Assistant Superintendent
Order of the Chairman of the Committee.
The admission of the applicant to the Home/Shelter is confirmed/not confirmed.
Chairman.
Form II
[Rule 12 (a) ]
Register of Admission and Release of inmates
| | | | |
| --- | --- | --- | --- |
|
S. No.
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Name and address of the in mate together with
name of father/ husband etc.
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Date of application
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Date of Sanction
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Date of temporary admission & time
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Date of permanent admission & date
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1
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2
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3
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4
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5
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|
|
|
|
|
|
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| --- | --- | --- | --- | --- |
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Caste, religion and sex
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Age (Proof) |
Source of admission
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Cause for admission
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Details of previous occupations
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6
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7
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8
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9
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10
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| --- | --- |
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Details of physical fitness
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Trained or skilled
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Height
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Weight
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Marks of identifications & descriptions
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Health (Certificate) Date and designation of the
M/C
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11
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12
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13
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14
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15
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| --- | --- |
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Job assigned
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Particulars and Value of property of inmates
received
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items with details
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Signature or thumb impression of inmate
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Attesting signature of Supdt./Asstt. Supdt.
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16
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17
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18
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19
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| |
| --- |
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Details of release of inmates
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Particulars of order & date, if any
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Date of release
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Age at the time of release
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Reasons for release
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Details of Rehabilitation done so far (details
of character and attainments be given)
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20
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21
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22
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23
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24
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| --- |
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Details of release of inmates
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Health at the time release (Medical Certificate)
particulars, if any
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Weight at the time of release
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If transferred to other home or shelter, name of
the institution
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Signature of attesting Supdt./As stt. Supdt.
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Remarks
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25
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26
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27
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28
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29
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Form III
[Rule 12 (e) ]
Register of movable and immovable property of inmate
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| --- | --- | --- | --- |
|
S. No.1
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S. No. of Admission Register2
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Date of receipt of Reg.3
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Name and full address of inmate4
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| --- | --- |
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\*Details of movable and immovable property
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If cash, the amount in figures/words
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Kind of property (clothes, ornaments or other
valuables)
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Name of articles
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Made of
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Measurement/weight & No.
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5
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6
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7
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8
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9
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| --- | --- | --- | --- | --- |
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Signature or thumb impression of inmate10
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Signature of Supdt. or Asstt. Supdt. in
attestation11
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From where received12
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Any other details13
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Date of release14
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| --- |
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Details of movable and immovable property returned
after release
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Kind of property (clothes, ornaments or other
valuables)
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Name of articles
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Made of
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Measurement/weight and No.
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If cash, the amount in figures & words
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Other details
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15
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16
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17
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18
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19
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20
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| --- | --- | --- | --- | --- |
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Signature of the inmate in token of received with
date21
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Signature of father/husband/guardian/other
relative etc.22
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Details of property withheld together with its
reasons and Order No. and date23
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Attestations by Supdt./ Asstt. Supdt.24
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Remarks25
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Form IV
[Rule 22 (2) ]
Register of follow - up of inmates
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| --- | --- | --- | --- | --- |
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No.
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Date of release
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Name of inmate with father's/guardian's name &
full address
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No. and date of admission register
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Full address of residence after release of the
inmate
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1
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2
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3
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4
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5
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|
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| | | | |
| --- | --- | --- | --- |
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Age of inmate
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Qualifications of the inmate
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Problems of inmate from which she was suffering
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Details of the treatment programme given in the
institution
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6
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7
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8
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9
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| | | | |
| --- | --- | --- | --- |
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Details of place rehabilitation
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Particulars of No. & date of despatch of
letter to D.P.S.W.C. follow-up
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Details of information received from D.P.S.W.P.
or otherwise
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Assessment of progress made
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10
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11
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12
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13
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Form V
[Rule 21 (1) ]
Proposal of marriage
To
| | | | |
| --- | --- | --- | --- |
|
The Superintendent,…............................
|
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PhotoPassport Size
|
|
### 1. Name in (Capital letters) and address of the applicant. ###
2. Age (with certificate).
### 3. Whether married/unmarried/widower. (a) If Widower:-
### 1. Date of death of previous wife. ###
2. Cause of death.
### 3. Number and details with age of children, if alive. (b) If married, whether legal divorce obtained (enclose certificate).
### 4. Name and full address of father. ###
5. Name and address of brothers, sisters and other near relatives.
### 6. Caste or religion. ###
7. Academic qualifications (with certificate).
### 8. Occupation. ###
9. Monthly/Yearly income.
### 10. Details of movable and immovable property, if any. ###
11. Details of insurance, if insured.
### 12. Details of dependents of the applicant. ###
13. Name and address of two responsible persons who know the applicant and whose certificates are attached.
### 14. Mention the requirements, if any, to be kept in view while making selection of the girl. ###
15. Medical certificate of health showing age and fitness for marriage.
### 16. List of enclosures of certificates:- ###
1.
### 2. ###
3.
### 4. ###
5.
### 6. ###
7.
### 8. I certify that the above statement recorded by me is true to the best of my knowledge. I request that application for marriage with a suitable inmate may please be sanctioned very early.
I promise that as soon as may proposal for marriage is sanctioned, I will deposit Rs. 200/ - (Rupees two hundred only) with the Superintendent of Home as and when ordered, as security which will be the property of my wife after marriage and she alone will be the rightful claimant of that amount.
Date :
Signature of Applicant
with full address.
Form VI
[Rule 24 (2) ]
Register of punishment to inmates
| | | | |
| --- | --- | --- | --- |
|
No.
1
|
Date of award of
punishment
2
|
Name of inmate with
father/husband's name
3
|
No. and Date of
Admission Register
4
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Details of in
disciplined action of the inmate according to rule 23
5
|
Details of punishment
given under rule 24(1) 6
|
Reference of punishment given in the past as
recorded in column 9 of this register7
|
Signature of
Supdt./Asstt. supdt.
8
|
|
|
|
|
|
| |
| --- |
|
Statement of information sent to the Chief
Inspector regarding punishment to inmate
|
|
No. & Date of despatch of letter
|
Details of orders of the Chief Inspector
|
Action taken in complicence of the order
|
signature of the Supdt./Asstt. Supdt.
|
|
9
|
10
|
11
|
12
|
|
|
|
|
|
Form VII
[Rule 29 (3) ]
Received of material for letters issued to inmates
| | | | | |
| --- | --- | --- | --- | --- |
|
S. No.
|
Name of the in mate
|
Postal stationery issued to inmate
|
Name and address to whom letter is sent
|
Book for writing material for letters
|
|
Relationship with the addressee
|
Date of despatch of letter
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
If despatch, refused, details of
contents considered undesirable or reasons for refusal may be
recorded
|
Date of the reply received by the
inmate and if delivery refused reasons may be recorded
|
Signature of the Supdt, Asstt.
Supdt. of Home/Shelter
|
Remarks
|
|
7
|
8
|
9
|
10
|
|
|
|
|
|
Form VIII
[Rule 31 (2) ]
Health Register of inmates
| | | | | |
| --- | --- | --- | --- | --- |
|
Month & Date
|
Name of inmate
|
Result of medical examination by Doctor
|
Weight of inmate
|
Remarks of Supdt. Asstt. supdt.
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
|
65ba0cd0ab84c7eca86ea926 | acts |
State of Andhra Pradesh - Act
-------------------------------
A.P. Un-aided Non-Minority Professional Institutions (Regulation of Admissions into Post Graduate Medical and Dental Professional Courses) Rules, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
ANDHRA PRADESH
India
A.P. Un-aided Non-Minority Professional Institutions (Regulation of Admissions into Post Graduate Medical and Dental Professional Courses) Rules, 2017
========================================================================================================================================================
Rule A-P-UN-AIDED-NON-MINORITY-PROFESSIONAL-INSTITUTIONS-REGULATION-OF-ADMISSIONS-INTO-POST-GRADUATE-MEDICAL-AND-DENTAL-PROFESSIONAL-COURSES-RULES-2017 of 2017
-----------------------------------------------------------------------------------------------------------------------------------------------------------------
* Published on 3 May 2017
* Commenced on 3 May 2017
A.P. Un-aided Non-Minority Professional Institutions (Regulation of Admissions into Post Graduate Medical and Dental Professional Courses) Rules, 2017
Published vide Notification No. G.O. Ms. No.70, Health, Medical & Family Welfare (C1) Department, dated 3.5.2017 and Published in the A.P. Gazette (Extraordinary, dated 8.5.2017
G.O. Ms. No.70, Health, Medical & Family Welfare (C1) Department, dated 3.5.2017 and Published in the A.P. Gazette (Extraordinary, dated 8.5.2017. - In exercise of the powers conferred by Sections 3 and 15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (A.P. Act No. 5 of 1983), and in supersession of the orders issued in G.Os. 1 and 2 read above, the Governor of Andhra Pradesh hereby makes the following Rules for admission into the Post Graduate Professional Courses in Medical and Dental Courses in Unaided Non-Minority Professional Institutions in the State:
### 1. Short title, applicability and commencement.
- (i) These Rules may be called the Andhra Pradesh Un-aided Non-Minority Professional Institutions (Regulation of Admissions into Post Graduate Medical and Dental Professional Courses) Rules, 2017
(ii) They shall apply to all Un-aided Non-Minority Professional Institutions imparting Post Graduate Professional Education in Medical and Dental Courses for which admissions shall Ire made to the "Competent authority seats" and "Management seats" in such manner as prescribed herein.
(iii) These Rules shall come into force from the academic year 2017-18.
### 2. Definitions.
- 1. In these rules, unless the context otherwise requires;
(i) "Act" means the' Andhra Pradesh Educational Institutions (Regulation of Admission, 'and Prohibition of Capitation Fee) Act, 1983f(A.P Act No.5 of 1083)
(ii) "Competent Authority" means the Vice-Chancellor, Dr. NTR University of Health Sciences, Andhra Pradesh, Vijayawada.
(iii) "Committee for Admissions" means the Committee nominated by the Competent Authority to select and make allotment of candidates to Competent Authority Seats in Professional Institutions offering P.G. Medical and Dental Courses in the State for Admissions in accordance with the rules laid down.
(iv) "Common Entrance Test" means, National Eligibility-cum-Entrance Test (NEET-PG/NEET-MDS) which will be the basis for admission of the candidates into the Post Graduate Courses concerned in various Un-aided Non-Minority Professional Institutions in the State.
(v) "Competent Authority Seats" means the seats earmarked from out of the sanctioned intake of seats in each course and in each college to be filled by the Committee for Admissions.
(vi) "Management Seats" means the seats earmarked from out of the sanctioned intake of seats in each course to be filled in such manner as may be prescribed by the Government or by the Committee of Admissions constituted.
(vii) "Inspecting Authority" means the Authority appointed by the Competent Authority for inspecting and scrutinizing the Admissions of the candidates made in the Unaided Non-Minority Professional Institutions.
(viii) "Institutions" means, unless otherwise specifically mentioned, all the Unaided Non-Minority Professional Institutions imparting Professional Education in Medical and Dental courses.
(ix) "Qualified Candidate" in respect of seats to be filled by the 'Competent Authority' means the candidate who has appeared for the NEET-PG/NEET-MDS for Post Graduate Course admission and has been assigned ranking in the Common Merit list.
(x) "Qualifying Examination" means the examination of the minimum qualification prescribed which entitles one to seek admission into the relevant Professional Post Graduate Course.
Words and expressions used but not defined in these rules shall have the same meaning as assigned to them in the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (Act No.5 of 1983) unless otherwise defined by the Government in Health, Medical and Family Welfare Department or by the competent authority.
Seat Sharing and Admissions:-
(i) The Association of Private Medical & Dental Colleges Management of A.P. members, imparting studies in Post Graduate education in Medical and Dental Sciences Courses in their respective Institutions, would make available 50% of intake of their seats course wise out of the total intake available, in each of their member -Medical and Dental Colleges, to the Government's PG Admission Cell for counselling and allocation of seats; based on merit; as per ranking to be determined/as signed by the competent authority based on National Eligibility-cum-Entrance Test (NEET-PG/NEET-MDS), as the case may be, and as per Rules framed for the purpose in accordance with the terms of this agreement.
(ii) The seat matrix regarding the Convener and Management quota seats in each speciality in each Medical/Dental College shall be prepared by the University every year before counselling and any additional seats permitted by the MCI/ DCI and the University will be included in the counselling process.
(iii) If there is only one seat available in the speciality, the seat will go to Management quota for the year 2017-18 and Convener quota in the year 2018-19. The allotment will be alternated in the subsequent years.
(iv) Similarly, if there are 3 seats, one seat for Convener quota and one scat for Management quota will be allotted and the 3rd seat will go to Management quota in the year 2017-18 and Convener quota in the year 2018-19.The allotment of third seat will be alternated in the subsequent years.
(v) If in a speciality one seat in degree and one seat in Diploma are available, the degree seat will be for Management and Diploma seat will be for Convener quota and it will be vice-versa in the next year between the Management and Convener quota following the this year's sequence.
(vi) The unfilled seats after final phase of counselling for competent authority seats shall be surrendered to Management of respective colleges. If a candidate allotted a seat after final counselling of the Convener quota fails to join the course in a private college, that seat can be filled by the Management of respective institutions with eligible candidates.
(vii) [The 50% of the sanctioned intake of the seats (Management quota) to member institutions of APMDCMA shall be filled by the "Committee for Admissions", with APMDCMA nominee as one of its member, under the categories listed hereunder with the eligible candidates on the basis of inter se merit among the applicants qualified in NEET-PG/NEET-MDS.]
[Substituted by Notification No. G.O.Ms. 75, dated 10.5.2017 (w.e.f. 8.5.2017).]
(viii) On non-availability of candidates in any of the categories in vii(a), (b) or (c), they can be filled from any other eligible candidates as prescribed by the Medical Council of India/Dental Council of India and the fee shall be on par with these category of students admitted under vii(c).
(ix) In view of the making over of 50% of its total available seats in PG Courses, the Government of Andhra Pradesh, hereby exempts the members of the APMDCMA from the obligation, if any, of providing for reservations for either SCs, STs or other Backward Classes separately, since the Government of Andhra Pradesh itself is providing for requisite 'reservations' in seats now available to the Government out of aforesaid 50% of seats, in PG Courses in the institutions/Colleges of private Managements. The APMDCMA need not make separate reservation under 15(5) or Article 371 (J) of the Constitution of India.
Procedure for Grant of Admissions into PG [Medical, Dental] Courses under the Management Quota Seats:
### 1. [A.P. Private Medical & Dental Colleges Managements Association shall nominate one member representative to the "Committee for Admissions" constituted by the competent authority. The entire process shall he strictly in accordance with the procedure envisaged by Government of India vide Tetter No.F.No.V.11011 /1 /2015MEP (Pt) , dated 10.3.2011 & No.F.No. V. 11025/04/ 2016MEP, dated 6.4.2017.] [Substituted by Notification No. G.O.Ms. 75, dated 10.5.2017 (w.e.f. 8.5.2017).]
### 2. [The Committee for Admissions shall authorise one amongst them to issue notification in two National Newspapers, calling for application from NEET-PG/NEET-MDS qualified candidates for admission to Management quota (Sub-category 1) and Management quota (Sub-category 2 & 3) in PG Medical/Dental Courses separately. The admission process and number of seats under Management quota shall be displayed in the Association and Dr. NTR University of Health Sciences Websites.] [Substituted by Notification No. G.O.Ms. 75, dated 10.5.2017 (w.e.f. 8.5.2017).]
### 3. He shall invite Online or Offline Applications in the form prescribed by it, from the NEET-PG or NEET-MDS eligible candidates for participating in Centralized Admission Process (CAP) for seeking admission to the Courses to Management quota (Sub-category 1) and (Sub-category 2 & 3) separately
### 4. He shall prepare a merit list from the eligible candidates who have applied to the Management Quota seats, online or offline, in the prescribed form for admission to Post Graduate Medical Courses and Post Graduate Dental Courses on the basis of the marks at percentile in the NEET-PG examination or NEET-MDS examination.
### 5. [The Committee for Admissions shall authorise one amongst them to notify the Venue, Date and Time of Counselling for each category of Management Quota Seats.]
[Substituted by Notification No. G.O.Ms. 75, dated 10.5.2017 (w.e.f. 8.5.2017).]
### 6. On the Day of Counselling the eligible candidates shall attend the Counselling in person with all the Original Certificates and the fee prescribed. The candidates will be called in the order of Merit for Counselling to Opt the Subject and College of his/her choice.
### 7. Counselling will be held separately for Management Quota - Subcategory 1 and Management Quota - Sub-category 2 & 3.
### 8. The selected candidate will be issued Provisional Selection Intimation with a direction to report to the concerned Principal within the date specified.
### 9. If a candidate opts a seat and fails to pay the fee at respective institution, the seat will be treated as vacant and will be filled in the 2nd Counselling.
### 10. If a selected candidate fails to report to the Principal within the stipulated time, the Selection and Admission of the candidate will be cancelled automatically and the seat will be filled in the 2nd Counselling.
### 11. The Certificates of the Candidates will be sent to the respective colleges after closure of admissions to Management Quota seats.
### 12. [The Committee for Admissions shall authorise one amongst them to notify the Venue, Date and Time of 2nd Counselling to fill-up the vacant seats if any, after 1st Counselling for Management Quota Seats.]
[Substituted by Notification No. G.O.Ms. 75, dated 10.5.2017 (w.e.f. 8.5.2017).]
### 13. [The Admissions through Counselling into Management Quota Seats will be closed at the end of 2nd Counselling and the candidates who were admitted will be considered as the bona fide candidates of the respective colleges. The Fee paid by the candidates and the Original Certificates will be sent to the respective colleges.]
[Substituted by Notification No. G.O.Ms. 75, dated 10.5.2017 (w.e.f. 8.5.2017).]
### 14. The College Fee shall be paid in the form of crossed demand draft in favour of "Secretary, APMDCMA" payable at Vijayawada/Rajahmundry.
### 15. The Candidates shall pay prescribed Non-Refundable Application Fee, Counselling Fee and University Fee.
### 16. The Candidates are bound by the Regulations to be made by the Association with regard to Admission, Cancellation and Withdrawal from the Course.
### 17. The APMDCMA shall constitute a Grievance Redressal Committee composed of a Dean/Principal of a Medical/Dental College, one eminent person in public service and one member nominated by the University. Any grievance as to the determination of their merit and entitlement for admissions, cancellation of seats, refund of fees, return of documents, etc., the students or the colleges concerned must approach the Grievance Redressal Committee headed by a Principal/ Dean/Director of a Medical/Dental College and the decision of Grievance Redressal Committee shall be binding on both Parties.
### 18. All institutions shall display their fee structure in the college notice board an College Website.
### 19. The college shall pay stipend to the PG students as per the MCI/DCI/A.P. State Regulations.
### 20. [All the candidates admitted into Management Quota Seats in unaided private medical college, on completion of their postgraduate course shall work for one year as 'Senior Resident' in the institution where they pursued postgraduate course.]
[Substituted by Notification No. G.O.Ms. 75, dated 10.5.2017 (w.e.f. 8.5.2017).]
[The Management shall pay a stipend of Rs. 30,000/- per student per month for Medical students and Rs. 25,000/- per student per month for Dental students.]
[Added by Notification No. G.O.Ms. 75, dated 10.5.2017 (w.e.f. 8.5.2017).]
|
65b958b9ab84c7eca86e8e8f | acts |
State of Bihar - Act
----------------------
Bihar Jails Nai and Safai Mazdoor Cadre Rules, 2011
-----------------------------------------------------
BIHAR
India
Bihar Jails Nai and Safai Mazdoor Cadre Rules, 2011
=====================================================
Rule BIHAR-JAILS-NAI-AND-SAFAI-MAZDOOR-CADRE-RULES-2011 of 2011
-----------------------------------------------------------------
* Published on 1 April 2011
* Commenced on 1 April 2011
Bihar Jails Nai and Safai Mazdoor Cadre Rules, 2011
Published vide Notification Bihar Government, Home Department, Notification No. 1494, dated 01.04.2011
Last Updated 31st January, 2020
Bihar Government, Home Department, Notification No. 1494, dated 01.04.2011. - In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor of Bihar makes following Rules to regulate the recruitment and services on the post of Nai and Safai mazdoors of Bihar Jails: -
### 1. Short title, extent and commencement.
(1) These Rules shall be called "Bihar Jails Nai and Safai Mazdoor Cadre Rules, 2011".
(2) These rules shall apply to the whole of the State of Bihar.
(3) These rules shall come into force with immediate effect.
### 2. Definitions.
- In these Rules, unless the context otherwise requires -
(i) "State Government" means the Government of Bihar;
(ii) "Appointing Authority" means concerned Jail Superintendent;
(iii) "Controlling Authority" means concerned Jail Superintendent;
(iv) "Department" means Home Department;
(v) "Inspectorate of Prisons" means office of the Inspector General of Prisons;
(vi) "Screening Committee" means Committee constituted under the Chairmanship of Jail Superintendent of the Circle Jail, and
(vii) "Out Source" means the agency or organisation through which personnel shall be hired and the wages for the work shall be given to that concerned agency or organisation.
### 3. Constitution of Cadre.
- This cadre shall comprise of such number of posts/strength as sanctioned and notified by the State Government from time to time.
### 4. Reservation.
- The reservation policy for appointment determined by the State Government from time to time shall be applicable.
### 5. Recruitment.
(1) Recruitment shall be made on the post of Nai for personal hygiene of prisoners in Jails and on the post of "Safai Mazdoor" for sanitary work within jails of the State.
(2) In the light of the order passed by Hon'ble High Court in LPA No. 284/97 dated 11.12.06, one opportunity for appointment shall be given to working Nai and Safai Mazdoor and, thereafter, rest of the posts and such posts vacated by Nai/ Safai Mazdoor appointed thus, services shall be outsourced as per prescribed procedure and on fixed salary/wages as prescribed by the Government from time to time.
### 6. Qualification.
- (i) Minimum Educational Qualification. - As prescribed by the State Government for Group 'D' (Class-I V), class eight pass or as decided by the State Govt, from time to time.
(ii) Age. - Minimum age shall be 18 years and maximum age shall be the same as decided by the State Government (General Administration Department).
(iii) Applicant shall have to be physically fit, for which a fitness test shall be held by a medical board constituted under chairmanship of Civil Surgeon before appointment.
(iv) The appointing authority shall have the power to relax the age limit for those Nai/Safai Mazdoors who were working till the prescribed cut off date issued by the State Government from time to time, in the light of the order passed in LPA No-284/97 dated 11.12.06 by Hon'ble Patna High Court.
### 7. Process of recruitment.
- (A) (1) In the light of the order passed in LPA No-284/97 dated 11.12.06 by Hon'ble Patna High Court, to provide an opportunity for appointment on regular pay scale to previously working Nai and Safai Mazdoors, advertisement shall be published in at least two local daily newspapers.
(2) A Screening Committee for screening applications received from Nai/Safai Mazdoor working upto the cut off date as decided by the State Government from time to time in the jails of the State, shall be consituted as follows: -
| | | |
| --- | --- | --- |
|
1.
|
Jail Superintendent of the Circle Jail
|
- Chairman
|
|
2.
|
All Jail Superintendents of the Circle
|
- Members
|
|
3.
|
An SC/ST Officer nominated by the District
Magistrate
|
- Member
|
(3) The presence of at least three from Jail Superintendents and total five, members in the meeting called by the Screening Committee shall be mandatory. This Committee, as per the guidelines issued by the Inspector General of Prisons from time to time, after screening the list of applicants, shall make recommendations for appointments to the Inspector General of Prisons.
The Superintendent of the concerned Jail shall, on the basis of recommendation received through the I.G. Prisons, issue appointment letters after medical test of the candidates.
(B) Process of recruitment through Out Sourcing. - Applications shall be received for the service through open advertisement by the I.G. Prisons from recognized agencies/organisations.
The concerned agencies/organisations shall have to guarantee the character and good behaviour of the personnel provided for the service.
### 8. Pay Scale and Service Condition.
- The employees appointed in regular pay scale will be allowed either pay scale Rs. 2550-3200/- (unrevised) and Pay Band-1 S, scale 4440-7440 and Grade Pay-1300 (revised), or any other pay and allowances as prescribed by the State Govt, from time to time.
Employees hired through outsourcing will be allowed to get prescribed fixed wages through the concerned agencies/organisations as per the contract.
### 9. Cadre.
- The cadre shall be of Group 'D' according to the classification made by the Govt, from time to time. The cadre shall be limited to concerned Jail only.
### 10. Discipline, Appeal and Punishment.
(1) The Provisions of the Bihar Government Service (Classification, Control and Appeal) Rules, 2005 shall apply in case of Nai and Safai Mazdoor appointed on regular pay scale.
The concerned Jail Superintendent shall get the services of an employee replaced by another one through the agencies/organisations if his/her services are not found satisfactory.
(2) Services of such workers shall neither, in any way and in any form, be counted as a Government service nor any claim for regular service shall be made by such workers in any way.
### 11. Repeal and interpretation.
(1) All resolutions/circulars/orders issued previously regarding the posts of Nai and Safai Mazdoor shall be deemed to have been repealed with effect from the date on which these Rules shall come into force.
(2) Power of interpretation of any kind of doubt regarding provisions of these Rules shall be vested in Inspectorate of Prisons with approval of the Government.
|
65ba8143ab84c7eca86ebc79 | acts |
Union of India - Act
----------------------
The Bureau of Energy Efficiency Appointment and Terms and Conditions of Service of Deputy Director General (NMEEE) Rules, 2012
--------------------------------------------------------------------------------------------------------------------------------
UNION OF INDIA
India
The Bureau of Energy Efficiency Appointment and Terms and Conditions of Service of Deputy Director General (NMEEE) Rules, 2012
================================================================================================================================
Rule THE-BUREAU-OF-ENERGY-EFFICIENCY-APPOINTMENT-AND-TERMS-AND-CONDITIONS-OF-SERVICE-OF-DEPUTY-DIRECTOR-GENERAL-NMEEE-RULES-2012 of 2012
------------------------------------------------------------------------------------------------------------------------------------------
* Published on 22 October 2012
* Commenced on 22 October 2012
The Bureau of Energy Efficiency Appointment and Terms and Conditions of Service of Deputy Director General (NMEEE) Rules, 2012
Published vide Notification New Delhi, the 22nd October, 2012
Ministry of Power
G.S.R. 780(E) . - In exercise of the powers conferred by clause (d) of sub-section (2) of section 56 read with sub-section (2) of section 10 of the Energy Conservation Act, 2001 (52 of 2001), the Central Government hereby makes the following rules for regulating the appointment and other terms and conditions of service to the posts of Deputy Director General, National Mission for Enhanced Energy Efficiency (NMEEE), Ministry of Power, to be implemented by the Mission Directorate, Bureau of Energy Efficiency, namely:-
### 1. Short title and commencement.
(1) These rules may be called the Bureau of Energy Efficiency Appointment and Terms and Conditions of Service of Deputy Director General (NMEEE) Rules, 2012.
(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 Energy Conservation Act, 2001 (52 of 2001) as amended by the Energy Conservation (Amendment) Act, 2010;
(b) "Appointing Authority" means the Bureau;
(c) "Mission Directorate" means the Bureau of Energy Efficiency set up under section 3 of the Act;
(d) "Mission Director" means Director-General of the Bureau
(e) "section" means a section of the Act;
(f) "Schedule" means the Schedule annexed to these rules; and
(g) words and expressions used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act.
### 3. Number of posts, classification, and scale of pay.
- The number of posts, its classification and the scale of pay attached thereto shall be as specified in columns (2) to (4) of the Schedule annexed to these rules.
### 4. Method of recruitment, age limit, qualifications.
- The method of recruitment, age limit, qualifications and other matters relating to the said post shall be as specified in columns (5) to (13) of the said Schedule.
### 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 said post:
Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and 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, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of 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.
Schedule
----------
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Name of the post
|
Number of post
|
Classification
|
Pay Band and Grade pay/Pay scale
|
Whether Selection or non-selection post
|
Age limit for direct recruits
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
Deputy Director General (Technical) |
1
|
General Central Service Grade "A" Non-Ministerial
-Technical
|
PB4- Rs.37400-67000 + Grade Pay Rs.10,000.
|
Not applicable
|
\*Not exceeding 50 years.(Relax able for Government
servants up to five years in accordance with the instructions or
orders issued by the Central Government.)
|
|
\*Note: The crucial date for determining the age limit shall be
the closing date for receipt of applications from candidates in
India (and not the closing date prescribed for, those in Assam,
Meghalaya, Arunachal Pradesh, Mizoram, Manipur, Nagaland
,Tripura, Sikkim, Ladakh Division of Jammu and Kashmir State,
Lahaul and Spiti District and Pangi Sub Division of Chamba
District of Himachal Pradesh, Andaman and Nicobar Islands or the
Union Territory Lakshadweep).
|
| |
| --- |
|
Educational and other qualifications required
for direct recruits
|
|
(7) |
|
Essential-
|
|
(i) Master's Degree in Physics or Chemistry or Economics or
Applied Economics or Business or Finance or Industrial Economics
or Energy Planning and Economics from a recognized University;
or
|
|
Bachelor' Degree in Engineering from a recognized University;
|
|
(ii) Minimum of sixteen (16) years of experience in research
or development or design or industrial or academic activities in
Government Departments, Public Sector Undertakings,
Universities, or Research Institutions, Autonomous or Statutory
Organizations.
|
|
Desirable -
|
|
(i) Doctorate Degree in Physics or Chemistry or Economics or
Applied Economics or Business or Finance or Industrial Economics
or Energy Planning and Economics or Engineering from a
recognized University.
|
|
(ii) Post Doctorate research work or experience in the field
of energy management, energy efficiency or energy conservation.
|
|
(iii) Person having over all perspective of National Energy
Issues and Policies of the Government in the field of energy and
for promotion of Energy Efficiency and its Conservation in the
country;
|
|
(iv) Of the 16 years of experience referred to in (ii) above
under the Essential qualifications, two (2) years be at a senior
level in energy planning or energy management to enhance cost
effective improvements in energy efficiency, energy conservation
including administration of energy saving schemes and energy
efficient systems in energy intensive large industries under the
Energy Conservation Act, 2001 (52 of 2001).
|
| | | |
| --- | --- | --- |
|
Whether age, educational Qualifications prescribed
for direct Recruits will apply in the case of promotees
|
Period of Probation, if any
|
Method of recruitment, whether by direct
recruitment or by promotion or by deputation or transfer and
percentage of the vacancies to be filled by various methods
|
|
(8) |
(9) |
(10) |
|
Not applicable
|
One year for direct recruits.
|
By deputation or short-term contract failing which by direct
recruitment
|
|
In case of recruitment by promotion or deputation or transfer,
grades from which promotion or deputation or transferor
short-term contract is to be made.
|
|
(11) |
|
Deputation or short-term contract:(a) Officers of
Central or State Governments or Union territories or Public
Sector Undertakings, or Universities, or Recognized Research
Institutions, or Autonomous or Statutory Organizations.(i) holding analogous posts on regular basis in the parent cadre or
Department or organizations referred to in (a) above; or(ii)
with three years service in the grade rendered after appointment
thereto on a regular basis in the scale of pay of PB
4-Rs.37400-67000 with grade pay of Rs. 8700 or equivalent, in the
parent cadre or Department or organizations referred to in (a) above.(b) possessing the educational qualifications and
experience prescribed for direct recruits under column (7) .
|
|
Note: Period of deputation including period of deputation in
another ex-cadre post held immediately preceding this appointment
in the same or some other organization or Department of the
Central Government shall ordinarily not exceed five years.The
maximum age limit for appointment by deputation shall not exceed
fifty six years as on the closing date of receipt of
applications.
|
| | |
| --- | --- |
|
If a Departmental Selection Committee exists, what is its
composition?
|
Circumstances in which Union Public Service Commission is to
be consulted in making recruitment
|
|
(12) |
(13) |
|
The Departmental Selection
Committee consists of-
1. Secretary, Ministry of
Power........................................Chairperson2.
Secretary, Ministry of New and Renewable Energy.......Member3.
Additional Secretary, Ministry of
Power........................Member4. Vice-Chancellor,
TERI (The Energy and Resources Institute) University, New
Delhi................................................................................Member5.
Director-General, Bureau of Energy
Efficiency..............Member.
|
Consultation with the Union public ServiceCommission is
not necessary.
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
Deputy Director General (Finance) |
1
|
General Central Service Grade "A" Non-Ministerial
-Technical
|
PB4- Rs.37400-67000 + Grade Pay Rs.10,000.
|
Not applicable
|
\*Not exceeding 50 years.(Relax able for Government
servants up to five years in accordance with the instructions or
orders issued by the Central Government.)
|
|
\*Note: The crucial date for determining the age limit shall be
the closing date for receipt of applications from candidates in
India (and not the closing date prescribed for, those in Assam,
Meghalaya, Arunachal Pradesh, Mizoram, Manipur, Nagaland
,Tripura, Sikkim, Ladakh Division of Jammu and Kashmir State,
Lahaul and Spiti District and Pangi Sub Division of Chamba
District of Himachal Pradesh, Andaman and Nicobar Islands or the
Union Territory Lakshadweep).
|
| |
| --- |
|
(7) |
|
Essential-
|
|
(i) Master's Degree in Economics or Applied Economics or
Business or Finance or Industrial Economics or Energy Planning
and Economics from a recognized University; or
|
|
Bachelor' Degree in Engineering from a recognized University;
|
|
(ii) Minimum of sixteen (16) years of experience in financial
matters or industrial financing activities in Government
Departments or Public Sector Undertakings, or Universities, or
Financial Institutions, or Autonomous or Statutory
Organizations.
|
|
Desirable -
|
|
(i) Doctorate Degree in Economics or Applied Economics or
Business or Industrial Economics or Energy Planning and
Economics or Engineering from a recognized University.
|
|
(ii) Experience in working in Institutions or Organizations
handling financial instruments.
|
|
(iii) Person having over all perspective of National Energy
Issues and Policies of the Government in the field of energy and
for promotion of Energy Efficiency and its Conservation in the
country;
|
|
(iv) Of the 16 years of experience referred to in (ii) above
under the Essential qualifications, two (2) years be at a senior
level in financing or energy efficiency or energy related
projects or development or promotion of financing mechanism for
innovative financing for energy efficiency projects.
|
| | | |
| --- | --- | --- |
|
(8) |
(9) |
(10) |
|
Not applicable
|
One year for direct recruits.
|
By deputation or short-term contract failing which by direct
recruitment.
|
| |
| --- |
|
(11) |
|
Deputation or short-term contract:(a) Officers of
Central or State Governments or Union territories or Public
Sector Undertakings, or Universities, or Recognized Research
Institutions, or Autonomous or Statutory Organizations.(i) holding analogous posts on regular basis in the parent cadre or
Department or organizations referred to in (a) above; or(ii)
with three years service in the grade rendered after appointment
thereto on a regular basis in the scale of pay of PB
4-Rs.37400-67000 with grade pay of Rs. 8700 or equivalent, in
the parent cadre or Department or organizations referred to in
(a) above.(b) possessing the educational qualifications
and experience prescribed for direct recruits under column (7) .
|
|
Note: Period of deputation including period of deputation in
another ex-cadre post held immediately preceding this
appointment in the same or some other organization or Department
of the Central Government shall ordinarily not exceed five
years.The maximum age limit for appointment by
deputation shall not exceed fifty six years as on the closing
date of receipt of applications.
|
| | |
| --- | --- |
|
(12) |
(13) |
|
The Departmental Selection
Committee consists of-
1. Secretary, Ministry of
Power........................................Chairperson2.
Secretary, Ministry of New and Renewable Energy.......Member3.
Additional Secretary, Ministry of
Power........................Member4. Vice-Chancellor,
TERI (The Energy and Resources Institute) University, New
Delhi................................................................................Member5.
Director-General, Bureau of Energy
Efficiency..............Member.
|
Consultation with the Union public Service Commission is not
necessary.
|
|
65b97da3ab84c7eca86e934c | acts |
State of Punjab - Act
-----------------------
Punjab Water Supply and Sewerage Board (Consultation for Allocation of Employees) Rules, 1984
-----------------------------------------------------------------------------------------------
PUNJAB
India
Punjab Water Supply and Sewerage Board (Consultation for Allocation of Employees) Rules, 1984
===============================================================================================
Rule PUNJAB-WATER-SUPPLY-AND-SEWERAGE-BOARD-CONSULTATION-FOR-ALLOCATION-OF-EMPLOYEES-RULES-1984 of 1984
---------------------------------------------------------------------------------------------------------
* Published on 22 November 1984
* Commenced on 22 November 1984
Punjab Water Supply and Sewerage Board (Consultation for Allocation of Employees) Rules, 1984
Published vide Punjab Government Notification No. G.S.R. 102/P.A. 28/76/Sections 71 and 29/84, dated 22nd November, 1984
No. G.S.R. 102/P.A. 28/76/Sections 71 and 29/84. - With reference to Government of Punjab Department of Local Government, Housing and Urban Development Notifications No. G.S.R. 88/P.A. 28/76/S. 71/83, dated the 7th October, 1983 and No. S.O. 74/P.A. 28/76/S. 71/83, dated the 14th December 1983, and in exercise of the powers conferred by Section 7 read with Section 29 of the Punjab Water Supply and Sewerage Board Act, 1976 (Punjab Act No. 28 of 1976), the President of India is pleased to make the following Rules, namely :-
### 1. Short title.
- These rules may be called the Punjab Water Supply and Sewerage Board (Consultation for Allocation of Employees) Rules, 1984.
### 2. Definitions.
- In these rules, unless the context otherwise requires, -
(a) "Act" means the Punjab Water Supply and Sewerage Board Act, 1976 (Punjab Act No. 28 of 1976);
(b) "Employee" means an employee of the Department of Public Health serving immediately before the 1st day of January, 1977, in connection with the affairs of the State of Punjab;
(c) "Form" means a Form appended to these rules; and
(d) "Section" means a Section of the Act.
### 3. Government to determine the number of employees to be transferred.
- The Government shall determine the number of employees to be transferred to the service of the Board keeping in view the schemes transferred to the Board on the date notified under Section 29.
### 4. Option.
- The Government shall obtain the options of the employees willing to be transferred to the service of the Board, in Form A.
### 5. Suitability to be considered by the Board.
(1) After obtaining the options of the employees under Rule 4, such options shall be forwarded to the Board for considering the suitability of such employees for their transfer to the service of the Board.
(2) As soon as the suitability of the employees is determined by the Board, it shall intimate to the Government the names of the employees to be transferred to its service.
(3) On receipt of information under sub-rule (2), the Government shall issue orders for the allocation of the employees to the service of the Board as required under Section 29.
Form A
(See rule 4)
From
(The name of the employee)
To
The Secretary to Government, Punjab,
Department of Local Government,
Housing and Urban Development,
(Through Proper Channel)
No.
Dated :
With reference to your memo No...........dated.........., I hereby give my willingness/unwillingness for permanent absorption in the Punjab Water Supply and Sewerage Board.
Signature of the employee.
(To be filled in only by the employees willing for permanent absorption, in triplicate)
### 1. Name ...................................................................................................... ###
2. Father's Name.........................................................................................
### 3. Date and place of birth............................................................................ ###
4. Present appointment.............................Since..........................................
### 5. Scale of Pay............................................................................................ ###
6.
Employment record arranged chronologically up to date (for service rendered in Public Works Department) (Public Health Branch).
| | | |
| --- | --- | --- |
|
Post held
|
From
|
To
|
|
(i) |
|
|
|
(ii) |
|
|
|
(iii) |
|
|
|
(iv) |
|
|
### 7. Service to which an employee belongs whether permanent or temporary.
### 8. Whether belongs to Scheduled Castes/Scheduled Tribes/Ex-servicemen, etc. category? If so, an attested copy of the document may be attached.
Signature of the Employee.
|
65ba605dab84c7eca86eb196 | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963
---------------------------------------------------------------------------------------------------------------
TAMILNADU
India
Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963
===============================================================================================================
Act 33 of 1963
----------------
* Published on 27 February 1964
* Commenced on 27 February 1964
Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963
(Tamil Nadu Act
33 of 1963
)
Statement of Objects and Reasons. - Under the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959) which was passed to implement the Pataskar Award, certain territories have been transferred from the State of Andhra Pradesh to the State of Madras with effect from the 1st April 1960. Those territories have been added to the Chingleput and the North Arcot districts of this State. In those territories, the Andhra Tenancy Act, 1956 (Andhra Act XVIII of 1956) is in force. This Act materially differs from the Madras Cultivating Tenants Protection Act, 1955 (Madras Act XXV of 1955) and the Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Madras Act XXIV of 1956), which are in force in the rest of the State excluding the Kanyakumari district. With a view to achieve uniformity in the tenancy laws in force in this State, it has been decided to repeal Andhra Act XV111 of 1956 in its application to the said territories and to extend the Madras Acts XXV of 1955 and XXIV of 1956 with suitable modifications to those territories.
2. The Bill seeks to achieve the above objects.
Published in Part IV-Section 3 of the Fort St. George Gazette, the dated 16th August 1963.
Received the assent of the Governor on the 27th February 1964 and published in Fort St. George Gazette, dated the 27th February 1964.
An Act further to amend the Tamil Nadu Cultivating Tenants Protection Act, 1955, and the Tamil Nadu Cultivating Tenant (Payment of Fair Rent) Act, 1956 and to extend those Acts to added territories in the State of Tamil Nadu.
Be it enacted by the Legislature of the [State of Tamil Nadu]
[Substituted for the word 'State of Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.]
in the Fourteenth Year of the Republic of India as follows:-
### 1. Short title and commencement.
(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.]
Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963.
(2) It shall come into force at once.
Notes. - This Act was published in the Fort St. George Gazette on the 27th February 1964 and as such, this Act came into force on that date.
### 2. Definition.
- In this Act, unless the context otherwise requires, "added territories" means the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act LVI of 1959).
### 3. The amendments made by this section have already been incorporated in the principal Act, namely, the Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu Act XXV of 1955).
### [4. [The amendments made by this section have already been incorporated in the principal Act, namely, the Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Tamil Nadu Act XXIV of 1956).]
### 5. Extension 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.]
Acts XXV of 1955 and XXIV of 1956 to the added territories, repeals and savings.
(1) 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.]
Cultivating Tenants Protection Act, 1955 ([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.]
Act XXV of 1955), and 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.]
Cultivating Tenants (Payment of Fair Rent) Act, 1956 ([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.]
Act XXIV of 1956), as in force immediately before the commencement of this Act and as amended by this Act (hereinafter in this section referred to as the said Acts) are hereby extended to, and shall be in force in, the added territories.
(2) Any law corresponding to either of the said Acts in force in the added territories immediately before the commencement of this Act including the Andhra Tenancy Act, 1956 (Andhra Act XVIII of 1956) (hereinafter in this section referred to as the corresponding law) shall stand repealed on such commencement.
(3) The repeal by sub-section (2) of the corresponding law shall not affect-
(a) the previous operation of the corresponding law or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the corresponding law; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the corresponding law; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, 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 been passed.
(4) Subject to the provisions of sub-section (3), anything done or any action taken including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation or form framed, certificate granted or registration effected under the corresponding law shall be deemed to have been done or ta ken under the said Act and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the said Acts.
(5) For the purpose of facilitating the application of the said Acts in the added territories, any Court or other authority may construe the said Acts with such alterations not affecting the substance as may be necessary or proper to adapt them to the matter before the Court or other authority.
(6) Any reference in the said Acts to a law which is not in force in the added territories shall, in relation to those territories, be construed as a reference to the law, if any, in force in those territories corresponding to the law referred to in the said Acts.
(7) Any reference in any law which continues to be in force in the added territories after the commencement of this Act to the corresponding law shall, in relation to those territories, be construed as a reference to the said Acts.
|
65bad46aab84c7eca86ec920 | acts |
State of Jharkhand - Act
--------------------------
Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Act, 2018
----------------------------------------------------------------------------------------------
JHARKHAND
India
Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Act, 2018
==============================================================================================
Act 23 of 2018
----------------
* Published on 6 December 2018
* Commenced on 6 December 2018
Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Act, 2018
(Jharkhand Act
No. 23 of 2018
)
[Dated 6.12.2018.]
### 1. Short title, extent and commencement.
(1) This Act may be called the Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Act, 2018.
(2) It extends to the whole of the State of Jharkhand.
(3) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint.
### 2. In this Act, unless the context otherwise requires,
(a) "Competent authority" means any person or authority authorized by the State Government by notification in the Official Gazette, to perform the functions of the competent authority under this Act;
(b) "Corporation" means any body corporate established under any Jharkhand Act and includes
(i) A company formed and registered under the Companies Act, 2013; and
(ii) A company formed and registered under any law relating to companies formerly in force in any part of India;
(c) "Collector" means the Deputy Commissioner or any Deputy Collector of the district especially empowered by the State Government to perform all or any function of Collector under this Act.
(d) "Prescribed" means prescribed by rules made under this Act.
### 3. (1) Whenever it appears to State Government that it is necessary in the public interest that for the transport of water, gas or drainage from one place to another place, pipelines may be laid by the State Government, or, the corporation and that for the purpose of laying such pipelines, it is necessary to acquire the right of user (ROU) in any land under which such pipelines may be laid, it may, by notification in the Official Gazette, declare its intention to acquire the right of user there in.
(2) Every notification under sub-section (1) shall give a brief description of the land.
(3) The competent authority shall cause the substance of the notification to be published at such places and in such manner as may be prescribed.
### 4. (1) Any person interested in the land may, within thirty days from the date of the publication of notification under sub-section (1) of section 3, object to the laying of the pipelines under the land.
(2) Every objection shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard either in persons or by a legal practitioner and may, after hearing all such objections and after making such further inquiry, if any, as that authority thinks necessary, by order either allow or disallow the objections.
(3) Any order made by the competent authority under sub-section (2) shall be final.
### 5. (1) Where no objection under sub-section (1) of section 4 has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objections under sub-section (2) of that section, that authority shall, as soon as may be, submit a report accordingly to the State Government and upon receipt of such report, the State Government shall declare, by notification in the Official Gazette, that the right of user in the land for laying the pipelines shall be acquired.
(2) On the publication of the declaration under sub-section (1), the right of user in the land shall vest absolutely in the State Government free from all encumbrances.
(3) Where in respect of any land, a notification has been issued under sub-section (1) of section 3, but no declaration under this section has been published within a period of one year from the date of that notification, that notification shall cease to have effect on the expiration of the said period.
(4) Notwithstanding anything contained in sub-section (2), the State Government may, on such terms and conditions as it may think fit, to impose, direct by order in writing that the right of user in the land for laying the pipelines shall, instead of vesting in the State Government, vest either on the date of publication of the declaration or, on such other date as may be specified in the order, in the Corporation, proposing to lay the pipelines and thereupon the right of such user in the land shall, subject to the terms and conditions so imposed, vest in that Corporation free from all encumbrances.
### 6. (1) (i)
Where the right of user in any land has vested in the State Government or, as the case may be, the Corporation under section 5, it shall be lawful for any person authorized by the State Government or, as the case may be, the Corporation and its servants and workmen
(a) to enter upon, survey and take levels of any land specified in the notification.
(b) to dig or bore into the sub-soil;
(c) to set out the intended line of work;
(d) to mark such levels, boundaries and line by placing marks and cutting trenches;
(e) where otherwise survey cannot be completed and levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crops, fence or jungle; and
(f) to do all other acts necessary to ascertain whether pipelines can be laid under the land;
Provided that while exercising any power under this section, such person or any servant or workman of such person shall cause minimum damage or injury as possible to such land.
Provided further that no pipelines shall be laid under -
(a) any land which, immediately before the date of the publication of notification under sub-section (1) of section 3, was used for residence purposes; or
(b) any land on which there stands any permanent structure which was in existence immediately before the said date, or
(c) any land which is appurtenant to a dwelling house; or
(d) any land at a depth which is less than one metre from the surface; and
(ii) Such land shall be used only for laying the pipelines and for maintaining examining, repairing, altering or removing any such pipelines or for doing any other thing necessary for any of the aforesaid purposes or for the utilization of such pipelines.
(2) If any dispute arises with regard to any matter referred to in sub-clause (b) or (c) of the second proviso to clause (i) of sub-section (1), the dispute shall be referred to the competent authority whose decision thereon shall be final.
### 7. For maintaining, examining, repairing, altering or removing any pipeline, or for doing any other thing necessary for the utilization of the pipelines or for the making of any inspection or measurement for any of the aforesaid purposes, any person authorized in this behalf by the State-Government or, as the case may be, the Corporation may, after giving reasonable notice to the occupier of the land under which the pipelines has been laid, enter therein with such workmen and assistants as may be necessary.
Provided that, where such person in satisfied that an emergency exists, no such notice shall be necessary.
Provided further that, while exercising any powers under this section, such person or any workmen or assistants of such person, shall cause as little damage or injury as possible to such land.
### 8. (1) The owner or occupier of the land with respect to which a declaration has been made under sub-section (1) of section 5, shall be entitled to use the land for the purpose for which such land was put to use immediately before the date of the notification under sub section (1) of section 3.
Provided that such owner or occupier shall not after the declaration under sub section (1) of section 5 -
(i) construct any building or any other structure;
(ii) construct or excavate any tank, well, reservoir or dam; or
(iii) Plant any tree, on that land.
(2) The owner or occupier of the land under which any pipeline has been laid shall not do any thing or permit any thing to be done which will or is likely to cause any damage in any manner whatsoever, to the pipeline.
(3) Where the owner or occupier of the land with respect to which a declaration has been made under sub-section (1) of section 5-
(a) constructs any building or any other structure, or
(b) constructs or excavates any well, tank, reservoir or dam, or
(c) Plants any tree, on that land, the Collector within the local limits of whose jurisdiction such land is situated may, on an application made to it by the competent authority and after holding such inquiry, as it may deem fit, cause the building, structure, reservoir, dam or tree to be removed or the well or tank to be filled up, and the costs of such removal or filling up shall be recoverable from such owner or occupier.
### 9. (1) Where in the exercise of the power conferred by section 6 or 7 by any person, any damage, loss or injury is sustained by any person interested in the land under which the pipeline is proposed to be, or is being, or has been laid, the State Government or, as the case may be, the Corporation shall be liable to pay compensation to such person for such damage, loss or injury, the amount of which shall be determined by the competent authority based on market value of the land.
(2) If the amount of compensation, determined by the competent authority under subsection (1) is not acceptable to either of the parties, the amount of compensation shall, on application by either of the parties to the Collector within the limits of whose jurisdiction the land or any part thereof is situated, be determined by that Collector.
(3) The competent authority or, as the case may be the Collector while determining the compensation under sub-section (1) or, as the case may be sub-section (2) shall, have due regard to the damage or loss sustained by any person interested in the land by reason of
(i) the removal of trees or standing crops, if any, on the land while exercising the powers under section 6 or as the case may be section 8;
(ii) the temporary severances of the land under which the pipeline has been laid from other lands belonging to or, in the occupation of such person, or
(iii) Any injury to any other property whether movable or immovable, or the earnings of such persons caused in any other manner.
Provided that in determining the compensation no account shall be taken of any structure or other improvement made in the land after the date of publication of the notification under sub-section (1) of section 3.
(4) Where the right of user of any land has vested in the State Government or, as the case may be, the Corporation it shall, in addition to the compensation, if any, payable under sub-section (1), be liable to pay to the owner and to any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such vesting, compensation calculated at ten percent, of the market value of that land on the date of the publication of the notification under sub-section (1) of section 3.
(5) The market value of the land on the said date shall be taken as in sub-section (1) of section 3 by the competent authority and if the value so determined by that authority is not acceptable either of the parties, it shall on application by either of the parties to the Collector, referred to sub-section (2) be determined by the Collector.
(6) The decision of the Collector under sub-section (2) or (5) shall be final.
### 10. (1) The amount of compensation determined under Section 9 shall be deposited by the State Government or, as the case may be the Corporation, with the competent authority within such time and in such manner as may be prescribed.
(2) If the amount of compensation is not deposited within the time prescribed under sub-section (1), the State Government or, as the case may be, the Corporation, shall be liable to pay interest thereon at the rate of nine percent, if the amount of compensation is deposited within one year after the period prescribed under subsection (1) and at the rate of fifteen percent, if the amount of compensation is deposited after the expiry of the said one year.
(3) As soon as may be after the compensation has been deposited under sub section (1), the competent authority shall, on behalf of the State Government or, as the case may be, the Corporation pay the compensation to the persons entitled thereof.
(4) Where several persons claim to be interested in the amount of compensation deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the compensation and the amount payable to each of them.
(5) If any dispute arises as the apportionment of the compensation or any part thereof or as to the persons to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the Collector within the limits of whose jurisdiction the land or any part thereof is situated and the decision of the Collector thereon shall be final.
### 11. The Collector and the competent authority shall have, for the purposes of this Act, all the powers of 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 and examining him on oath;
(b) requiring the discovery and production of any document,
(c) reception of evidence on affidavits.
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witness.
### 12. (1) No suit, prosecutions 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 or any rules or notification made or issued there under.
(2) No suit or other legal proceeding shall lie against the State Government, Corporation or, as the case may be, the competent authority for any damage, loss or injury caused or likely to be caused by anything which is in good faith done or intended to be done pursuance of this Act or any rules or notification made or issued there under.
### 13. No civil court shall have jurisdiction in respect of any matter which the Collector or, as the case may be the competent authority is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or proposed to be taken in pursuance of any power conferred by or under this Act.
### 14. (1) Whoever willfully obstructs any person in doing any of the acts authorized under section 6 or as the case may be, section 7 or willfully fills up destroys, damages or displaces any trench or mark made under section 6 or willfully does anything prohibited under the provision to sub-section (1) of section 8, shall be punishable with imprisonment which may extend to six months or fine or both.
(2) Whoever willfully removes, displaces, damages or destroys any pipeline laid under section 6, shall be punishable with rigorous imprisonment for a term which shall not be less than one year but which may extend to three years and shall also be liable to fine.
### 15. Not withstanding anything contained in the Code of Criminal Procedure, 1973 an offence falling under sub-section (2) of section 14 shall be deemed to be cognizable within the meaning of that Code,
### 16. (1) The State Government, by notification in the Official Gazette, will continue the framed rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such framed rules will provide for all or any of the following matters, namely :-
(a) the places at which and the manner in which the substance of the notification may be published under sub-section (3) of section 3;
(b) the time within which and the manner in which the amount of compensation shall be deposited under sub-section (1) of section 10,
(3) 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 modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
(4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.
### 17. The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force relating to the acquisition of land.
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65b99101ab84c7eca86e95e3 | acts |
State of Meghalaya - Act
--------------------------
The Meghalaya Adaptation of Laws Order (No. 3), 1971
------------------------------------------------------
MEGHALAYA
India
The Meghalaya Adaptation of Laws Order (No. 3), 1971
======================================================
Rule THE-MEGHALAYA-ADAPTATION-OF-LAWS-ORDER-NO-3-1971 of 1971
---------------------------------------------------------------
* Published on 26 March 1971
* Commenced on 26 March 1971
The Meghalaya Adaptation of Laws Order (No. 3), 1971
Published vide Notification No. LL. 1/71/20, dated the 26th March, 1971 in the Gazette of Meghalaya, Extraordinary, dated the 27th March, 1971
Last Updated 19th February, 2020
Whereas for the purpose of facilitating the application in relation to Meghalaya of any law made before the appointed day relating to a matter specified in the Second Schedule to the Assam Re-organisation (Meghalaya) Act, 1969 (Central Act 55 of 1969) which continues to be in force in the autonomous State after the said day, the Government of Meghalaya is empowered by sub-section (2) of Section 66 of the said Act to make such adaptations or modifications of the law whether by way of repeal or amendment as may be necessary or expedient;
Now, therefore, in exercise of the powers aforesaid, the Government of Meghalaya makes the following Order.
### 1. This Order may be called the Meghalaya Adaptation of Laws Order (No. 3), 1971.
### 2. Central Act 21 of 1860.
- As from the Second day of April, 1970 the Societies Registration Act, 1860 with the amendments to which it has been subjected before the appointed day shall extend to, and shall be in force in the whole of Meghalaya subject to the following adaptations and modifications, namely:
The word "State Government" and "Government of a State" wherever they occur shall mean the Government of Meghalaya.
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65b92127ab84c7eca86e85fc | acts |
State of Uttar Pradesh - Act
------------------------------
The U.P. Stamp Act, 2008
--------------------------
UTTAR PRADESH
India
The U.P. Stamp Act, 2008
==========================
Act 17 of 2010
----------------
* Published on 7 April 2010
* Commenced on 7 April 2010
The U.P. Stamp Act, 2008
(U.P. Act
No. 17 of 2010
)
Last Updated 10th October, 2019
Statement of Objects and Reasons. - The Indian Stamp Act, 1899 which is presently in vogue does not cope with the modern developments and advancement in information technology. As such, documents which are not covered under this said Act, go without paying proper stamp duty. With a view to keeping in pace with new technology and development, it has been decided to make a new enactment by the name of The Uttar Pradesh Stamp Act, 2008 to consolidate and amend the law relating to stamp duties in the State of Uttar Pradesh.
The Uttar Pradesh Stamp Bill, 2008 is introduced accordingly.
Statement of Objects and Reasons - (Act No. 10 of 2019). - The Uttar Pradesh Stamp Act, 2008 (Uttar Pradesh Act
17 of 2010
) has been enacted but could not be commenced for want of a notification by the administrative department under sub-section (3) of Section 1 of the said Act to appoint a date on which the said Act shall come into force. The administrative department could not issue the notification as aforesaid due to too many errors in Hindi and English version of the said Act.
It has, therefore, been decided to repeal the said Act by introducing a Bill in the State Legislature.
The Uttar Pradesh Stamp (Repeal) Bill, 2019 is introduced accordingly.
(As passed by the Uttar Pradesh Legislature)
Received the assent of the President on 27.03.2010 and published in the U.P. Gazette, Extraordinary, Part I, Section (Ka) , dated 07.04.2010.
An Act to consolidate and amend the law relating to stamp duties in the State of Uttar Pradesh
It is hereby enacted 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 Uttar Pradesh Stamp Act, 2008.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf and different dates may be fixed for different provisions.
### 2. Definitions. -
In this Act, unless there is anything repugnant in the subject or context, -
(i) "association" - means any association, exchange, organization or body of individuals, whether incorporated or not, established for the purpose of regulating and controlling or conducting business of the sale or purchase of, or making any other transaction relating to, any goods or marketable securities;
(ii) "banker" - means an association, a company or a person who accepts for the purpose of lending or investment deposits of money from the public, repayable on demand or otherwise and withdrawable by cheque, draft, pay-order or otherwise;
(iii) "bond" - includes -
(a) any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be;
(b) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and
(c) any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another.
Explanation. - Notwithstanding anything to the contrary contained in any other law for the time being in force, for the purposes of this clause, "attested" in relation to an instrument means attested by one or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument, in the presence and by the direction of the executant or has received from the executant a personal acknowledgement of his signature or mark or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be necessary that more than one of the such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary;
(iv) "Chargeable" - means, as applied to an instrument executed, or first executed after the commencement of this Act, chargeable under this Act, and, as applied to any other instruments, chargeable under the law in force in the State when such instrument was executed or, where several persons executed the instrument at different times, first executed.
(v) "Chief Controlling Revenue Authority" - means a member of the Board of Revenue, a Divisional Commissioner or an Additional Divisional Commissioner or an officer of the Stamp Department not below the rank of Deputy Commissioner of Stamps and any such officer as the State Government may, by notification in the Gazette, appoint in this behalf for the whole or any part of the State;
(vi) "Clearance List" -means a list of transactions relating to contracts required to be submitted to the Clearing House of an Association in accordance with the rules or bye-laws of the Association :
Provided that no instrument shall, for the purposes of this Act, be deemed to be a clearance list unless it contains the following declaration signed by the persons dealing in such transactions or on his behalf by a properly constituted attorney, namely-
"I/We hereby solemnly declare that the above list contains a complete and true statement of my/our transactions including crossed out transactions and transactions required to be submitted to the clearing house in accordance with the rules/bye laws of the Association. I/We further declare that no transaction, for which an exemption is claimed under clause (b) of Article 5 (Agreement or its records or memorandum of an agreement) or Article 44 (Note of Memorandum) of the Schedule of this Act, as the case may be, is omitted."
Explanation. - Transaction for the purpose of this clause shall include both sale and purchase.
(vii) "Collector" - means the Chief Officer in-charge of Revenue Administration of a District and includes any officer whom the State Government may, by notification in the Gazette appoint in this behalf; and on whom any or all the powers of the Collector exercisable under this Act are conferred either by such notification or by any other like notification.
(viii) "Conveyance" - includes -
(a) conveyance on sale, or
(b) every instrument, or
(c) every decree or final order of any Civil or Revenue Court,
(d) every order made by the High Court under Section 394 of the Companies Act, 1956 (Act No. 1 of 1956) in respect of the amalgamation or reconstruction of Companies, or
(e) every order made by the Reserve Bank of India under Section 44-A of the Banking Regulation Act, 1949 (Act No. 10 of 1949) in respect of the amalgamation or reconstruction of banking companies,
(f) transfer of share by co-operative housing societies in immovable property of an existing member of such society in favour of an incoming person by means of issuance of new share certificate or by endorsement on the share certificate of the existing member in favour of the incoming person.
by which property, whether movable or immovable, is transferred to, or vested in, any other person, inter vivos, and which is not otherwise specifically provided for by the Schedule.
Explanation. - Notwithstanding anything to the contrary contained in any other provisions of this Act or any other law for the time being in force, the following instruments shall, for the purpose of this clause, be deemed to be an instrument by which property is transferred inter vivos -
(i) An instrument whereby a co-owner, of a property having defined share therein, transfers such share or part thereof to another co-owner of the property; or
(ii) An instrument whereby a partner transfers his share in the property of the partnership business to another partner or to other partners whether separately or together with the transfer of other business or assets on retirement or dissolution, or whereby he contributes to the capital of partnership firm by transferring his right and title to, or interest in any property; or
(iii) An instrument whereby the property of an incorporated company or body corporate is transferred by transfer of its equity shares to another incorporated company or body corporate, or a person or a group of persons.
(ix) "Duly stamped" - as applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in the State.
(x) "Executed" and "execution" - used with reference to instruments, mean "signed" and "signature".
Explanation. - The terms "signed" and "signature" also include attribution of electronic record as provided under Section 11 of the Information Technology Act, 2000 (Act No. 21 of 2000).
(xi) "Government Security" - means a Government Security as defined in the Public Debt Act, 1944 (Act No. 18 of 1944);
(xii) "Immovable Property" includes land, buildings, hereditary allowances, right of way, lights, ferries, fisheries, or any other benefit arising out of land and things attached to the earth or permanently fastened to anything attached to the earth but does not include standing timber, growing crops oi grass, fruit upon or juice in trees, or beneficial interest of a beneficiary in a trust property.
(xiii) "Impressed stamp" - includes
(a) labels affixed and impressed by the proper officer, or
(b) stamps embossed and engraved on stamped paper.
(c) impression by franking machine, e-stamping or any other such machine as the State Government may be notification in the Gazette specify; or
(d) any mark, seal or endorsement by any agency or person duly authorized by the State Government by notification in the Gazette.
(xiv) "Instrument" - includes every document and record created or maintained in or by an electronic storage and retrieval device, media or electronic record, as defined in clause (f) of sub-section (1) of Section 2 of the Information Technology Act, 2000 (Act No. 21 of 2000), by which any right or liability is, or purports to be, created, transferred, limited, extended, vested, extinguished or recorded, but does not include a bill of exchange, cheque, promissory note, bill of lading, letter of credit, policy of insurance, transfer of share, debenture, proxy and receipt.
(xv) "Instrument of Gift" - includes an instrument whether by way of declaration or otherwise, for making or accepting an oral gift.
(xvi) "Instrument of partition" - means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and also includes, -
(a) a final order for effecting a partition passed by any Revenue Authority, or any Civil Court;
(b) an award by an arbitrator directing a partition; and
(c) when any partition is effected without executing any such instrument, any instrument or instruments, signed by the co-owners and recording, whether by way of declaration of such partition or otherwise the terms of such partition amongst the co-owners.
(xvii) "Lease" - means a lease of movable or immovable property, and includes -
(a) a patta;
(b) a kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate, occupy or pay or deliver rent for immovable property;
(c) any instrument by which tolls of any description are let;
(d) any writing on an application for a lease intended to signify that the application is granted;
(e) any instrument by which mining lease is granted in respect of minor minerals as defined in clause (e) of Section 3 of the Mines and Minerals (Regulation and Development) Act, 1957 (Act No. 67 of 1957),
(f) a decree or final order of any Civil or Revenue Court in respect of a lease.
(xviii) "Marketable security" - means a security of such a description as to be capable of being sold in any stock market in India.
(xix) "Market value" - Market value of property means the value as determined on the basis of the rates fixed by the Collector or the consideration as set forth in the instrument, whichever is higher.
For "Market value of shares" see Explanation (2) to Article 24(e).
(xx) "Mortgage-deed" - includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfers or creates to, or in favour of, another, a right over or in respect of specified property;
(xxi) "Paper" - includes vellum, parchment or any other material on which an instrument may be written.
(xxii) "Power-of-attorney" - includes any instrument (not chargeable with a fee under the law relating to Court-fees for the time being in force) empowering a specific person to act for and in the name of the person executing it.
(xxiii) "Public Officer" - means a Public Officer as defined in clause (17) of Section 2 of the Code of Civil Procedure, 1908 (Act No. 5 of 1908) and includes every officer working in connection with the affairs of any of the following organizations, namely -
(a) any statutory body or authority constituted under any Uttar Pradesh Act;
(b) a "Financing Bank" or "Central Bank" as defined in clause (k) of Section 2 of the Uttar Pradesh Co-operative Societies Act, 1965 (Act No. 11 of 1966);
(xxiv) "Settlement" - means any non-testamentary disposition in writing, of movable or immovable property made -
(a) in consideration of marriage;
(b) for the purpose of distributing property of the settler among his family, or those for whom he desires to provide, or for the purpose of providing for some person dependent on him; or
(c) for any religious or charitable purpose;
and includes an agreement in writing to make such a disposition, and, where any such disposition has not been made in writing, any instrument recording, whether by way of declaration of trust or otherwise, the terms of any such disposition.
(xxv) "Schedule" - means the Schedule appended to this Act.
(xxvi) "Soldier" - includes any person below the rank of non-commissioned officer, who is enrolled under the Army Act, 1950 (Act No. 46 of 1950).
(xxvii) "Stamp" - means any mark, seal or endorsement by any agency or person duly authorised by the State Government and includes an adhesive or impressed stamp, for the purpose of duty chargeable under this Act."
(xxviii) The expressions "Common Roll" and "State Roll" shall have the meanings assigned to them in the Advocates Act, 1961 (Act No. 25 of 1961).
(xxix) The words and expressions not defined in this Act but defined in the Indian Stamp Act, 1899 (Act No. 2 of 1899) shall have the meaning assigned to them in the said Act of 1899.
Chapter II
Stamp-Duties
----------------------------
A - Of the liability of Instruments to Duty
### 3. Instruments chargeable with duty. -
Subject to the provisions of this Act and the exemptions contained in the Schedule, the following instruments shall be chargeable with duty of the amount indicated in the Schedule as the proper duty therefor, respectively, that is to say -
(a) every instrument mentioned in the Schedule which, not having been previously executed by any persons, is executed in the State on or after the date of the commencement of this Act,
(b) every instrument (other than a bill of exchange or promissory note) mentioned in the Schedule, which, not having been previously executed by any person, is executed out of the State under Section 23:
Provided that except as otherwise expressly provided in this Act, and notwithstanding anything contained in clauses (a) and (b) of this section or in the Schedule, the following instruments shall, subject to the exemptions contained in the Schedule, be chargeable with duty of the amount indicated in the Schedule as the proper duty therefor, respectively, that is to say -
(a) every instrument mentioned in the Schedule, which, not having been previously executed by any person was executed in Uttar Pradesh:
(i) in the case of instruments mentioned in the Schedule, on or after the date on which the Uttar Pradesh Stamp (Amendment) Act, 1948, came into force; and
(ii) in the case of instruments mentioned in the Schedule, on or after the date on which the Uttar Pradesh Stamp (Amendment) Act, 1952, comes into force;
(b) every instrument mentioned in the Schedule, which, not having been previously executed by any person, was executed out of Uttar Pradesh, -
(i) in the case of instruments mentioned in the Schedule, on or after the date on which the Uttar Pradesh Stamp (Amendment) Act, 1948, came into force; and
(ii) in the case of instruments mentioned in the Schedule, on or after the date on which the Uttar Pradesh, Stamp (Amendment) Act, 1952, comes into force, and relates to any property situated, or to any matter or thing done or to be done in Uttar Pradesh and is received in Uttar Pradesh:
Provided also that no duty shall be chargeable in respect of :-
(1) any instrument executed by, or on behalf of, or in favour of the Government, in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument;
(2) any instrument for the sale, transfer or other disposition, either absolutely, or by way of mortgage, or otherwise, of any ship or vessel, or any part, interest, share or property of, or in any ship or vessel registered under the Merchant Shipping Act, 1958 (Act No.44 of 1958) or under Bombay Coasting Vessels Act, 1838 (Act 19 of 1838), or the Indian Registration of Ships Act, 1841 (Act No. 10 of 1841), as amended by subsequent Acts.
(3) any instrument executed by or on behalf of or in favour of, the developer, or unit or in connection with the carrying out of purposes of a Special Economic Zone.
Explanation 1. - For the purposes of this clause the expressions "developer", "special economic zone" and "unit" shall have meaning respectively assigned to them in clause (g) , (za) and (zc) of Section 2 of the Special Economic Zones Act, 2005 (Act No. 28 of 2005).
Explanation 2. - Where the amount of duty prescribed in the Schedule contains any fraction of a ten rupee, the proper duty shall be an amount rounded of to the next higher multiple of ten rupee, as hereinafter appearing in the said Schedule.
### 4. Several instruments used in any single transaction. -
(1) Where several instruments ,are employed for completing any single transaction, the principal instrument only shall be chargeable with the duty prescribed in the Schedule for the same and each of the other instruments shall be chargeable with a duty of one hundred rupees instead of the duty (if any) prescribed for it in that Schedule;
(2) The parties may determine for themselves, which of the instruments so employed shall, for the purposes of sub-section (1), be deemed to be the principal instrument:
Provided that the duty chargeable on the instrument so determined, shall be the highest duty which would be chargeable in respect of any of the said instruments employed.
### 5. Instrument relating to several distinct matters. -
Any instrument comprising or relating to several distinct matters shall be chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to one of such matters, would be chargeable under this Act.
### 6. Instruments coming within several descriptions in the Schedule. -
Subject to the provisions of Section 5, an instrument so framed as to come within two or more of the descriptions in the Schedule shall, where the duties chargeable thereunder are different, be chargeable only with the highest of such duties:
Provided that nothing in this Act contained shall render chargeable with duty exceeding fifty rupees, a counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid unless it falls within the provisions of Section 7.
### 7. Payment of the Uttar Pradesh stamp duty on copies, counterparts or duplicates, when that duty has not been paid on the principal or original instrument. -
(1) Notwithstanding anything contained in Section 4 or 6, or any other law, unless it is proved that the duty chargeable under this Act has been paid, -
(a) on the principal or original instrument, as the case may be, or
(b) in accordance with the provisions of this section;
the duty chargeable on any of the several instruments employed for completing a transaction, other than the principal instrument, or on a counterpart, duplicate or copy of any instrument shall, if the principal or original instrument would, when received in Uttar Pradesh, have been chargeable under this Act, with a higher rate of duty, be the duty with which the principal or original instrument would have been chargeable under Section 24.
(2) Where any instrument is registered in any part of India other than Uttar Pradesh and the instrument relates wholly or partly to any property situated in Uttar Pradesh, the copy of such instrument shall, when received in Uttar Pradesh, be liable to be charged with the difference of stamp duty as on the original under Section 24 to the extent of and in proportion to the consideration or value of the property situated in Uttar Pradesh, and the party liable to pay the stamp duty on the original instrument shall, upon receipt of notice from the registering officer pay the difference in duty within the time allowed.
(3) Notwithstanding anything contained in any other law, no instrument, counterpart, duplicate or copy chargeable with duty under this section shall be received in evidence as properly stamped unless the duty chargeable under this section has been paid thereon:
Provided that a Court before which any such instrument, counterpart, duplicate or copy is produced, may, in its discretion, permit the duty chargeable under this section to be paid thereon, and may then receive it in evidence.
### 8. Bonds, debentures or other securities issued on loans. -
(1) Notwithstanding anything contained in this Act, any local authority raising a loan under the provisions of the Local Authorities Loan Act, 1914 (Act No. 9 of 1914),or of any other law for the time being in force, by the issue of bonds, or securities other then debentures, shall, in respect of such loan, be chargeable with a duty of two per centum on the total amount of the bonds or securities issued by it, and such bonds or securities need not be stamped and shall not be chargeable with any further duty on renewal, consolidation, sub-division or otherwise.
(2) The provisions of sub-section (1), exempting certain bonds or securities from being stamped and from being chargeable with certain further duty, shall apply to the bonds or securities other than debentures of all outstanding loans of the kind mentioned therein, and all such bonds, or securities shall be valid, whether the same are stamped or not.
(3) In the case of wilful neglect to pay the duty required by this section, the local authority shall be liable to forfeit to the State Government a sum equal to ten per centum upon the amount of duty payable, and a like penalty for every month after the first month during which the neglect continues.
### 9. Securities dealt in depository not liable to stamp duty. -
Notwithstanding anything contained in any other provision of this Act or any other law for the time being in force, -
(a) an issuer, by the issue of securities to one or more depositories shall, in respect of such issue, be chargeable with duty on the total amount of security, issued by it and such securities need not be stamped;
(b) where an issuer issues certificate of security under sub-section (3) of Section 14 of the Depositories Act, 1996 (Act No. 22 of 1996) on such certificate duty shall be payable as is payable on the issue of duplicate certificate under this Act;
(c) transfer of -
(i) registered ownership of securities from a person to a depository or from a depository to a beneficial owner,
(ii) beneficial ownership of securities, dealt by a depository;
(iii) beneficial ownership of units, such units being units of a mutual fund including units of the Unit Trust of India established under sub-section (1) of Section 3 of the Unit Trust of India Act, 1963 (Act No.,52 of 1963) dealt with a depository,
shall not be liable to duty under this Act or any other law for the time being in force.
Explanation 1. - For the purposes of this section, the expression "beneficial ownership", "depository" and "issuer" shall have the same meanings respectively assigned to them in clauses (a) , (e) and (f) of subsection (1) of Section 2 of the Depositories Act, 1996 (Act No. 22 of 1996).
Explanation 2. - For the purposes of this section, the expression, "securities" shall have the meaning assigned to it in clause (h) of sub-section (2) of Section 2 of the Securities Contracts (Regulation) Act, 1956 (Act No. 42 of 1956).
### 10. Corporatisation and demutualization Schemes and related instruments not liable to duty. -
Notwithstanding anything contained in any other provision of this Act or any other law for the time being in force, -
(a) a scheme for corporatisation or demutualization, or both of a recognized stock exchange; or
(b) any instrument, including an instrument of or relating to, transfer of any property, business, asset, whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in connection with, the corporatisation or demutualization or both of a recognized stock exchange pursuant to a scheme,
as approved by the Securities and Exchange Board of India under sub-section (2) of Section 4-B of the Securities Contracts (Regulation) Act, 1956 (Act No. 42 of 1956) shall not be liable to duty under [this Act]
[Corrigenda vide Notification No. 593/79-VI-1-10(ka) -26-2008, dated 4.6.2010, published in the U.P. Gazette, Extraordinary, Part 1, Section (ka), dated 4.6.2010.]
or any other law for the time being in force.
Explanation. - For the purposes of this section -
(a) The expressions "Corporatisation" "demutualization" and "scheme" shall have the meanings respectively assigned to them in clauses (aa), (ab) and (ga) of Section 2 of the Securities Contracts (Regulation) Act, 1956 (Act No. 42 of 1956).
(b) "Securities and Exchange Board of India" means the Securities and Exchange Board of India established under Section 3 of the Securities and Exchange Board of India Act, 1992 (Act No. 15 of 1992).
### 11. Negotiable warehouse receipts not liable to stamp duty. -
Notwithstanding anything contained in this Act, negotiable warehouse receipts shall not be liable to stamp duty.
### 12. Power to reduce, remit or compound duties. -
Where the State Government is satisfied that it is necessary so to do in public interest, it may, by rule or order published in the Gazette;
(a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of the State the duties with which any instrument, or any particular class of instruments or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class, persons, or by, or in favour of any members of such class, are chargeable; and
(b) provide for the composition or consolidation of duties in the case of issues by any incorporated company or other body corporate or of transfers (where there is a single transferee, whether incorporated or not) of bonds or other marketable securities other than debentures:
Provided that the State Government shall have the power to impose conditions while remitting or reducing stamp duty:
Provided further that in the case of breach of the conditions imposed in the rule or order to reduce or remit stamp duty, the Collector shall have the power to recover the stamp duty so remitted or reduced along with an interest of one per cent for every month or part thereof from the date of execution of the instrument on which stamp duty has been so remitted or reduced after giving a proper opportunity of hearing to the party concerned.
B - Of stamps and the mode of using them
### 13. Duties how to be paid. -
(1) Except as otherwise expressly provided in [this Act]
[Corrigenda vide Notification No. 593/79-VI-1-10(ka) -26-2008, dated 4.6.2010, published in the U.P. Gazette, Extraordinary, Part 1, Section (ka), dated 4.6.2010.]
, all duties with which any instruments are chargeable shall be paid, and such payment shall be indicated on such instruments by means of stamps, -
(a) according to the provisions herein contained; or
(b) where in any case no such provision is applicable thereto in accordance with the rules made by the State Government.
(2) The rules made under sub-section (1) may, among other matters, provide for regulating -
(a) the description of stamps which may be used in the case of each kind of instrument,
(b) the numbers of stamps which may be used in the case of instruments stamped with impressed stamps.
(3) Subject to the rules made under sub-section (1), the State Government in this behalf, may authorize any person, body or organization including Post Offices or Banks or any other financial institution to use machines for franking impression of stamps, e-stamping, mark, seal or endorsement, indicating the payment of stamp duty on the instruments.
### 14. Payment of stamp duty by cash, by demand draft or by pay order in certain cases. -
(1) Notwithstanding anything contained in Section 13, the stamp duty payable on an instrument may also be paid in cash or by demand draft or by pay order, by challan in the banking treasury or the treasury, countersigned by an officer empowered by the State Government by notification in this behalf. The officer so empowered on production of such challan and after due verification that the duty has been paid, certify in such manner as may be prescribed by endorsement on the instrument of the amount of duty so paid.
(2) An endorsement made on any instrument under sub-section (1) shall have the same effect as if the duty of an amount equal to the amount stated in the endorsement has been paid in respect thereof and such payment has been indicated on such instrument by means of stamps in accordance with the requirements of Section 13.
Explanation. - For the purposes of this sub-section, the expressions, "demand draft" or by "pay order" means the demand draft or pay order issued by the State Bank of India constituted under the State Bank of India Act, 1955 (Act No. 23 of 1955) or a corresponding new bank constituted under Section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Act No. 5 of 1970) or under Section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (Act No. 40 of 1980), or any other bank being a scheduled bank as defined in clause (e) of Section 2 of the Reserve Bank of India Act, 1934 (Act No. 2 of 1934).
### 15. Stock Exchange and Association to deduct stamp duty from Trading member's account. -
Notwithstanding anything contained in this Act, in the case of transactions through Stock Exchange or an Association as defined in clause (a) of Section 2 of the Forward Contracts (Regulation) Act, 1952 (Act No. 74 of 1952), the Stock Exchange or as the case may be, the Association, shall collect the due stamp duty by deducting the same from the Trading Members' account at the time of settlement of such transactions. The stamp duty so collected shall be transferred to the proper Head of Account in any Government Treasury /Sub-Treasury or Government Business Branch of the State Bank of India or any other bank authorized by the State Government for this purpose, and in the manner specified by Commissioner of Stamps.
Explanation. - For the purposes of this section "stock exchange" means the stock exchange as defined in clause (j) of sub-section (2) of the Securities Contract (Regulation) Act, 1956 (Act No. 42 of 1956).
### 16. Use of adhesive stamps. -
The following instruments may be stamped with adhesive stamps, namely -
(a) certificate of enrolment under Section 22 of the Advocates Act, 1961 (Act No. 25 of 1961), issued by the State Bar Council of Uttar Pradesh;
(b) notarial acts; and
(c) transfers, by endorsement of shares in any incorporated company or other body corporate.
### 17. Cancellation of adhesive stamps. -
(1) Whoever affixes any adhesive stamp to any instrument chargeable with duty which has been executed by any person shall, when affixing such stamp, cancel the stamp so that it cannot be used again.
(2) Whoever executes any instrument on any paper bearing an adhesive stamp shall, at the time of execution, unless such stamp has been already cancelled in manner aforesaid, cancel the same so that it cannot be used again.
(3) Any instrument bearing an adhesive stamp which has not been cancelled so that it cannot be used again, shall, so far as such stamp is concerned, be deemed to be unstamped.
(4) The person required by sub-section (1) or sub-section (2) to cancel an adhesive stamp may cancel it by writing on or across the stamp his name or initials or the name or initials of his firm with the true date of his so writing or in any other effectual manner.
### 18. Instruments' stamped with impressed stamps how to be written. -
Every instrument written upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument.
### 19. Only one instrument to be on same stamp. -
No second instrument chargeable with duty shall be written upon a piece of stamped paper upon which an instrument, chargeable with duty, has already been written:
Provided that noting in this section shall prevent any endorsement, which is duly stamped, or is not chargeable with duty, being made upon any instrument for the purpose of transferring any right created or evidenced thereby, or of acknowledging the receipt of any money or goods, the payment or delivery of which is secured thereby.
### 20. Instrument written contrary to Section 18 or Section 19 deemed unstamped. -
Every instrument written in contravention of Section 18 or Section 19 shall be deemed to be unstamped.
### 21. Denoting duty. -
Where the duty with which an instrument is chargeable or its exemption from duty, depends in any manner upon the duty actually paid in respect of another instrument, whether registered or not under the Registration Act, 1908 (Act No. 16 of 1908), the payment of such last mentioned duty shall, if application is made in writing to the Collector for that purpose, and on production of both the instruments, be denoted upon such first mentioned instrument, by endorsement under the hand of the Collector, or in such manner (if any) as the State Government may by the rules prescribe.
C - Of the time of stamping instruments
### 22. Instruments executed in the State. -
All instruments chargeable with duty and executed by any person in the State shall be stamped before or at the time of execution.
### 23. Instruments, other than bills and notes executed out of Uttar Pradesh. -
(1) Every instrument chargeable with duty, executed only out of Uttar Pradesh and not being a bill of exchange or promissory note, may be stamped within three months after it has been first received in Uttar Pradesh.
(2) Where any such instrument cannot, with reference to the description of stamp prescribed therefor, be duly stamped by a private person, it may be taken within the said period of three months to the Collector, who shall stamp the same, in such manner as the State Government may, by rule prescribe, with a stamp of such value as the person so taking such instrument may require and pay for.
### 24. Payment of duty on instruments liable to be increased duty in Uttar Pradesh under clause (b) and clause (d) of Section 3. -
Where any instrument has become chargeable in any of the States, other than the Uttar Pradesh, with duty under [this Act]
[Corrigenda vide Notification No. 593/79-VI-1-10(ka) -26-2008, dated 4.6.2010, published in the U.P. Gazette, Extraordinary, Part 1, Section (ka), dated 4.6.2010.]
, or any other law for the time being in force, in any of such States, and thereafter becomes chargeable with a higher rate of duty in Uttar Pradesh under clause (b) of the first proviso to Section 3, then -
(i) notwithstanding anything contained in the first proviso to Section 3, the amount of duty chargeable on such instrument shall be the amount chargeable on it under the Schedule, less the amount of duty, if any, already paid on it in such States; and
(ii) in addition to the stamps, if any, already affixed thereto, such instrument shall be stamped with the stamps necessary for payment of the amount of duty chargeable on it under clause (i) in the same manner and at the same time and by the same persons as though such instrument where an instrument received in the States for the first time, at the time, when it became chargeable with the higher duty.
D - Of Valuation for Duty
### 25. Conversion of amount expressed in foreign currencies. -
(1) Where an instrument is chargeable with ad valorem duty in respect of any money expressed in any currency other than of India, such duty shall be calculated on the value of such money in the currency of India according to the current rate of exchange on the day of the date of the instrument.
(2) The rate of exchange for conversion of British or any foreign currency into the currency of India prescribed under sub-section (2) of Section 20 of the Indian Stamp Act, 1899 (Act No. 2 of 1899) shall be deemed to be the current rate for the purpose of sub-section (1).
### 26. Stock and marketable securities-how to be valued. -
Where an instrument is chargeable with ad valorem duty in respect of any stock or of any marketable or other security, such duty shall be calculated on the value of such stock or security according to the average price or the value thereof on the day of the date of the instrument.
### 27. Effect of statement of rate of exchange or average price. -
Where an instrument contains a statement of current rate of exchange, or average price as the case may require, and is stamped in accordance with such statement, it shall, so far as regards the subject matter of such statement, be presumed, until the contrary is proved, to be duly stamped.
### 28. Instruments reserving interest. -
Where interest is expressly made payable by the terms of an instrument, such instrument shall not be chargeable with duty higher than that with which it would have been chargeable had no mention of interest been made therein.
### 29. Certain instruments connected with mortgages of marketable securities to be chargeable as agreements. -
(1) Where an instrument (not being a promissory note or bill of exchange) -
(a) is given upon the occasion of the deposit of any marketable security by way of security for money advanced, or to be advanced by way of loan, or for an existing or further debt, or
(b) makes redeemable or qualifies a duly stamped transfer, intended as a security, of any marketable security,
it shall be chargeable with duty as if it were an agreement or its records or memorandum of an agreement chargeable with duty under clause (h) of Article 5 of the Schedule.
(2) A release or discharge of any such instrument shall only be chargeable with like duty.
### 30. How transfer in consideration of debt, or subject to future payment etc. to be charged. -
Where any property is transferred to any person in consideration wholly, or in part, of any debt due to him, or subject either certainly or conditionally to the payment or transfer of any money or stock, whether being or constituting a charge or encumbrance upon the property or not, such debt, money or stock shall be deemed to be the whole or part, as the case may be, of the consideration in respect whereof the transfer is chargeable with ad valorem duty:
Provided that nothing in this section shall apply to any such certificate of sale as is mentioned in Article 18 of the Schedule.
Explanation. - In the case of a sale of property subject to mortgage or other encumbrance, any unpaid mortgage money or money together with the interest (if any) due on the same, shall be deemed to be part of the consideration for the sale:
Provided that where any property subject to a mortgage is transferred to the mortgagee, he shall be entitled to deduct from the duty payable on the transfer, the amount of any duty already paid in respect of the mortgage.
Illustrations
(1) A owes B Rs. 1000. A sells property to B, the consideration being Rs 500 and the release of the previous debt of Rs. 1000. Stamp duty is payable on Rs. 1500.
(2) A sells a property to B for Rs. 500, which is subject to a mortgage to C for Rs 1000 and unpaid interest Rs 200. Stamp duty is payable on Rs 1700.
(3) A mortgaged a house of the value of Rs. 10,000 to B for Rs. 5000. B afterwards buys the house from A Stamp duty is payable on Rs. 10,000 less the amount of stamp duty already paid for the mortgage.
### 31. Valuation in case of annuity, etc. -
Where an instrument is executed to secure the payment of an annuity, or other sum payable periodically, or where the consideration for a conveyance is an annuity, or other sum payable periodically, the amount secured by such instrument or the consideration for such conveyance, as the case may be, shall, for the purposes of this Act, be deemed to be -
(a) where the sum is payable for a definite period so that the total amount to be paid can be previously ascertained such total amount;
(b) where the sum is payable in perpetuity, or for an indefinite time, not terminable with any life in being at the date of such instrument, or conveyance the total amount which according to the terms of such instrument or conveyance, will or may be payable during the period of twenty years calculated from the date on which the first payment becomes due; and
(c) where the sum is payable for an indefinite time terminating with any life in being at the date of such instrument, or conveyance the maximum amount which will or may be payable as aforesaid, during the period of twelve years calculated from the date on which the first payment becomes due.
### 32. Stamp where value of subject-matter is indeterminate. -
Where the amount or value of the subject-matter of any instrument, chargeable with ad valorem duty cannot be, or in the case of an instrument executed before the commencement of this Act, could not have been ascertained at the date of its execution or first execution, nothing will be claimable under such instrument more than the highest amount or value for which, if stated in an instrument of the same description, the stamp actually used, would at the date of such execution, have been sufficient:
Provided that in the case of the lease of a mine, in which royalty, or a share of the produce is received as the rent, or part of rent, it shall be sufficient to have estimated such royalty or the value of such share, for the purposes of stamp duty -
(a) when the lease has been granted by or on behalf of the Government, at such amount or value, as the Collector may, having regard to all the circumstances of the case, have estimated as likely to be payable by way of royalty or share to the Government under the lease;
(b) when the lease has been granted by any other person, at twenty thousand rupees a year;
and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease :
Provided also that, where proceedings have been taken in respect of an instrument under Section 37 or 46, the amount certified by the Collector shall be deemed to be the stamp actually used at the date of execution.
### 33. Facts affecting duty to be set forth in instrument. -
(1) The consideration (if any) and all other facts and circumstances affecting the charge ability of any instrument with duty or the amount of the duty with which it is chargeable, shall be fully and truly set forth therein.
(2) In the case of instruments relating to immovable property, chargeable with an ad valorem duty on the value of the property, and not on the value set forth, the instrument shall fully and truly set forth the annual land revenue in the case of revenue paying land, the annual rental or gross assets, if any, in the case of other immovable property, the local rates Municipal or other taxes, if any, to which such property may be subject, and any other particulars, which may be prescribed by rules made under this Act.
### 34. Direction as to duty in case of certain conveyances. -
(1) When any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by different instruments, the consideration shall be apportioned in such manner as the parties think fit, provided that a distinct consideration for each separate part is set forth in the conveyance relating thereto and such conveyance shall be chargeable with ad valorem duty in respect of such distinct consideration or the market value of such separate part of the property, whichever is higher.
(2) Where property contracted to be purchased for one consideration for the whole, by two or more persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts by separate instruments to the persons by or for whom the same was purchased, for distinct parts of the consideration, the conveyance of each separate part shall be chargeable with ad valorem duty in respect of the distinct part of the consideration therein specified or the market value of the property, whichever is higher.
(3) Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the same to any other person and the property is in consequence conveyed immediately to the sub-purchaser, the conveyance shall be chargeable with ad valorem duty in respect of the consideration for the sale by the original purchaser to the sub-purchaser or the market value of the property, whichever is higher.
(4) Where a person, having contracted for the purchase of any property, but not having obtained a conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons, and the property is in consequence conveyed by the original seller to different persons in parts, the conveyance of each part sold to a sub-purchaser shall be chargeable with ad valoremad valorem duty in respect only of the excess of the original consideration over the aggregate of the considerations paid by the sub-purchaser or the market value of the property, whichever is higher:
Provided that the duty on such last-mentioned conveyance shall in no case be less than one hundred rupees.
(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty in respect of the consideration paid by him or the market value of the property, whichever is higher and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the consideration obtained by such original seller, or where such duty would exceed one hundred rupees, with a duty of one hundred rupees.
E - Duty by whom payable
### 35. Duty by whom payable. -
In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne :-
(a) in the case of any instrument described in any of the following Articles of the Schedule, namely -
No. 2 (Administration Bond);
No. 6 (Agreement relating to Deposit of Title-deeds, Pawn, Hypothecation or Pledge),
No. 14 (Bond) ,
No. 15 (Bottomry Bond),
No. 27 (Customs Bond),
No. 31 (Further Charge),
No. 33 (Indemnity-bond),
No. 41 (Mortgage-deed),
No. 44 (Note or memorandum),
No. 53 (Release) ,
No. 54 (Respondentia Bond),
No. 55 (Security Bond not being a Mortgage-deed),
No. 56 (Settlement) ,
No. 60(a) (Transfer of shares in an incorporated company or other corporate),
No. 60(b) (Transfer of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided by Section 8),
No. 60(c) (Transfer of any interest secured by a bond, mortgage-deed or policy of insurance), by the person drawing, making or executing such instrument;
(b) in the case of a conveyance (including a re-conveyance of mortgaged' property) -
by the grantee: in the case of a lease or agreement to lease-by the lessee or intended lessee;
(c) in the case of transfer of one company to another under the order of the High Court under Section 394 of the Companies Act, 1956 (Act No. 1 of 1956), the stamp duty shall be borne by the company which is acquiring or re-constructing the assets and liabilities under sub-clause (d) of clause (viii) of Section 2;
(d) in the case of acquisition of one bank by another bank under the provisions of Section 44-A of the Banking Companies Act, 1949 (Act No. 46 of 1949), the stamp duty shall be borne by the bank which is acquiring or re-constructing the other bank under sub-clause (e) of clause (viii) of Section 2;
(e) in the case of transfer of property by any incorporated company or body corporate by the transfer of equity shares of another company or body corporate, the stamp duty shall be borne by the transferee company which is acquiring under explanation (iii) of clause (viii) of Section 2;
(f) in the case of a counterpart of a lease - by the lessor;
(g) in the case of an instrument of exchange - by the parties in equal shares;
(h) in the case of a certificate of sale - by the purchaser of the property to which such certificate relates;
(i) in the case of an instrument of Gift - by the donee; and
(j) in the case of an instrument of partition - by the parties thereto in proportion to their respective shares in the whole property partitioned, or when the partition is made in execution of an order passed by a Revenue Authority or in Civil Court, or an Arbitrator, in such proportion as such Authority, Court or an Arbitrator directs.
Chapter III
Adjudication As To Stamps
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### 36. Adjudication as to proper stamp. -
(1) When any instrument, whether executed or not, and whether previously stamped or not, is brought to the Collector, and person bringing it applies to have the opinion of that officer as to the duty (if any), with which it is chargeable, and pays a fee for. Rupees One hundred (subject to such other amount as may be fixed by the State Government by notification in the Gazette), the Collector shall determine the duty (if any) with which, in his judgment, the instrument is chargeable.
(2) For this purpose the Collector may require to be furnished with an abstract of the instrument, and also with such affidavit or other evidence, as he may deem necessary to prove that all the facts and circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein and may refuse to proceed upon any such application until such abstract and evidence have been furnished accordingly:
Provided that -
(a) no evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, except in an enquiry as to the duty with which the instrument, to which it relates, is chargeable; and
(b) every person by whom any such evidence is furnished, shall, on payment of the full duty with which the instrument to which it relates, is chargeable, be relieved from any penalty which he may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid.
### 37. Certificate by Collector. -
(1) When an instrument brought to the Collector under Section 36 is, in his opinion, one of a description chargeable with duty, and
(a) the Collector determines that it is already fully stamped, or
(b) the duty determines by the Collector under Section 36 or such a sum as, with the duty already paid in respect of the instrument, is equal to the duty so determined, has been paid the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with which it is chargeable has been paid.
(2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable.
(3) Any instrument upon which an endorsement has been made under this section, shall be deemed to be duly stamped, or not chargeable with duty, as the case may be, and if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly stamped:
Provided that nothing in this section shall authorize the Collector to endorse -
(a) any instrument, other than an instrument chargeable with a duty under clause (b) of the first proviso to Section 3, executed or first executed in Uttar Pradesh and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be;
(b) any instrument chargeable with duty under clause (b) of the first proviso to Section 3, and brought to him, after the expiration of three months from the date on which it is first received in Uttar Pradesh.
Chapter IV
Instrument Not Duly Stamped
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### 38. Examination and impounding of instruments. -
(1) Every person having by law or consent of parties authority to receive evidence, and every person in-charge of a public office, except an officer of police, before whom any instrument, chargeable, in his opinion with duty, is produced or comes in the performance of his duties, shall, if it appears to him that such instrument is not duly stamped, impound the same.
(2) For that purpose every such person shall examine every instrument so chargeable and so produced or coming before him, in order to ascertain whether it is stamped with a stamp of the value and description required by the law in force in India, when such instrument was executed, or first executed:
Provided that -
(a) nothing herein contained shall be deemed to require any Magistrate, or Judge of a Criminal Court to examine or impound if he does hot think fit so to do, any instrument coming before him in the course of any proceeding other than a proceeding under Sections 125 to 128 and Sections 145 to 148 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974).
(b) in the case of a Judge of a High Court, the duty of examining and impounding any instrument under this section may be delegated to such officer as the Court appoints in this behalf.
(3) For the purposes of this section, the State Government may, in cases of doubt, determine what officers shall be deemed to be public offices and who shall be deemed to be persons in charge of public officers.
(4) Where deficiency in stamp duty is noticed from the copy of an instrument, the Collector may suo motu or on a reference from any Court, or from the Commissioner of Stamps, or an Additional Commissioner of Stamps, or a Deputy Commissioner of Stamps, or an Assistant Commissioner of Stamps call for the original instrument for the purpose of satisfying himself as to the adequacy of the duty paid thereon, and the instrument so produced before the Collector shall be deemed to have been produced, or come before him in the performance of his functions.
(5) In case the instrument is not produced within the period specified by the Collector, he may require payment of deficit stamp duty, if any, together with penalty under Section 45 on the copy of the instrument:
Provided that no action under sub-section (4) or sub-section (5) shall be taken after a period of four years from the date of execution of the instrument:
Provided further that with the prior permission of the State Government an action under sub-section (4) or sub-section (5) may be taken after a period of four years but before a period of eight years from the date of execution of the instrument.
### 39. Instruments not duty stamped inadmissible in evidence, etc. -
No instrument chargeable with duty shall be admitted in evidence for any purpose by any person, having by law, or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped:
Provided that -
(a) any such instrument shall be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of an instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty of an amount not less than one time but not exceeding four times of the amount of proper duty or of the deficient portions thereof;
(b) Where a contract or agreement of any kind is effected by correspondence consisting of two or more letters, and any one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped;
(c) Nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a Criminal Court, other than a proceeding under Sections 125 to 128 and Sections 145 to 148 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974);
(d) Nothing herein contained shall prevent the admission of any instrument in any Court when such instrument has been executed by or on behalf of the Government or where it bears the certificate of the Collector as provided by Section 37 or any other provision of this Act.
### 40. Admission of instrument where not be questioned. -
Where an instrument has been admitted in evidence, such admission shall not, except as provided in Section 63, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped.
### 41. Admission of improperly stamped instruments. -
The State Government may make rules providing that, where an instrument bears a stamp of sufficient amount but of improper description, it may, on payment of the duty with which the same in chargeable, be certified to be duly stamped, and any instrument so certified, shall then be deemed to have been duly stamped as from the date of its execution.
### 42. Instruments impounded, how dealt with. -
(1) When the person impounding an instrument under Section 38 has by law, or consent of parties, authority to receive evidence and admits such instrument in evidence upon payment of a penalty as provided by Section 39, or of duty as provided by Section 41, he shall send to the Collector an authenticated copy of such instrument together with a certificate in writing, stating the amount of duty and penalty levied in respect thereof, and shall send such amount to the Collector, or to such other person as he may appoint in this behalf.
(2) In every other case, the person so impounding an instrument shall send it in original to the Collector.
### 43. Collector's power to stamp instruments impounded. -
(1) When the Collector impounds any instrument under Section 38, or receives any instrument sent to him under sub-section (2) of Section 42, not being a receipt, or a bill of exchange or a promissory note, he shall adopt the following procedure: -
(a) if he is of opinion that such instrument is duly stamped, or is not chargeable with duty, he shall certify by endorsement thereon that it is duly stamped, or that it is not so chargeable, as the case may be;
(b) if he is of the opinion that such instrument is chargeable with duty and is not duly stamped, he shall require the payment of the amount required to make up the deficiency together with a penalty of an amount not exceeding four times the amount of deficient portion of the proper duty:
Provided that, when such instrument has been impounded only because it has been written in contravention of Section 18 or Section 19, the Collector may, if he thinks fit, remit the whole penalty prescribed by this section:
Provided further that no penalty shall be levied unless the party concerned has been given a reasonable opportunity of being heard.
(2) The Collector shall also require, along with the amount of deficit stamp duty or penalty required to be paid under clause (b) of sub-section (1), the payment of a simple interest at the rate of one per cent per mensem on the amount of deficit stamp duty calculated from the date of execution of the instrument till the date of actual payment:
Provided that the amount of interest under this sub-section shall be recalculated if the amount of deficit stamp duty is varied on appeal or revision or by any order of a competent Court or Authority.
(3) The amount of interest payable under sub-section (2) shall be added to the amount due and be also deemed for all purposes to be part of the amount required to be paid.
(4) Where realization of the deficit stamp duty remained stayed by any order of any Court or Authority and such order of stay is subsequently vacated, the interest referred to in sub-section (2) shall be payable also for any period during which such order of stay remained in operation.
(5) Any amount paid or deposited by, or recovered from or refundable to any person under the provisions of this Act, shall first be adjusted towards the deficit stamp duty or penalty outstanding against him and the excess, if any, shall then be adjusted towards the interest, if any, due from him.
(6) Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be conclusive evidence of the matter stated therein.
(7) Where an instrument has been sent to the Collector, under sub-section (2) of Section 42, the Collector shall, when he has dealt with it as provided by the section, return it to the impounding officer.
### 44. Instruments unduly stamped by accident. -
If any instrument chargeable with duty and not duly stamped, not being an instrument chargeable with a duty and not duly stamped, not being an instrument chargeable with a duty not exceeding twenty paise only, is produced by any person of his own motion before the Collector within one year, from the date of its execution or first execution, and such person brings to the notice of the Collector the fact that such instrument is not duly stamped and offers to pay to the Collector the amount of the proper duty, or the amount required to make up the same, and the Collector is satisfied that the omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity, he may, instead of proceeding under Sections 38 and 43, receive such amount and proceed as next hereinafter prescribed.
### 45. Endorsement of instruments on which duty has been paid under Sections 39, 43, 44 or 49. -
(1) When the duty and penalty (if any), leviable in respect of any instrument have been paid under Section 39, Section 43 or Section 44 or Section 49, the person admitting such instrument in evidence or the Collector, as the case may be, shall certify by endorsement thereon that the proper duty or, as the case may be, the proper duty and penalty (stating the amount of each) have been levied in respect thereof, and the name and residence of the person paying them.
(2) Every instrument so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenticated as if it had been duly stamped, and shall be delivered on his application in this behalf to the person from whose possession it came into the hands of the officer impounding it, or as such person may direct:
Provided that -
(a) no instrument which has been admitted in evidence upon payment of duty and a penalty under Section 39, shall be so delivered before the expiration of one month from the date of such impounding, or if the Collector has certified that its further detention is necessary and has not cancelled such certificate;
(b) nothing in this section shall affect Schedule I of Order XXIII of the Code of Civil Procedure, 1908 (Act No. 5 of 1908) Section 144, Clause 3.
### 46. Prosecution for offence against Stamp law. -
The taking of proceedings or the payment of a penalty under this Chapter in respect of any instrument shall not bar the prosecution of any person who appears to have committed an offence against the stamp-law in respect of such instrument:
Provided that no such prosecution shall be instituted in the case of any instrument in respect of which such a penalty has been paid, unless it appear to the Collector that the offence was committed with an intention of evading payment of the proper duty.
### 47. Persons paying duty or penalty may recover same in certain cases. -
(1) When any duty or penalty has been paid under Section 39, Section 41, Section 43 or Section 44, by any person in respect of an instrument, and, by agreement or under the provisions of Section 35 or any other enactment in force at the time such instrument was executed, some other person was bound to bear the expense of providing the proper stamp for such instrument, the first-mentioned person shall be entitled to recover from such other person the amount of the duty or penalty so paid.
(2) For the purpose of such recovery, any certificate granted in respect of such instrument under this Act shall be conclusive evidence of the matters therein certified.
(3) Such amount may, if the Court thinks fit, be included in any order as to costs in any suit or proceeding to which' such persons are parties and in which such instrument has been tendered in evidence. If the Court does not include the amount in such order, no further proceedings for the recovery of the amount shall be maintainable.
### 48. Non-liability for loss of instruments sent under Section 42. -
(1) If any instrument sent to the Collector under sub-section (2) of Section 42, is lost, destroyed, or damaged during transmission, the person sending the same shall not be liable for such loss, destruction or damage.
(2) When any instrument is about to be so sent, the person from whose possession it came into the hands of the person impounding the same, may require a copy thereof to be made at the expense of such first-mentioned person and authenticated by the person impounding such instrument.
### 49. Under-valuation of the instrument. -
(1) (a)
If the market value of any property which is the subject of any instrument, on which duty is chargeable on the market value of the property as set forth in such instrument, is less than even the minimum value in accordance with the rules made under this Act, the Registering Officer appointed under the Registration Act, 1908 (Act No. 16 of 1908), notwithstanding anything contained in the said Act, immediately after presentation of such instrument and before accepting it for registration and taking any action under Section 52 of the said Act, require the person liable to pay stamp duty under Section 35, to pay the deficit stamp duty as computed on the basis of the minimum value determined in accordance with the said rules and return the instrument for presenting again in accordance with Section 23 of the Registration Act, 1908 (Act No. 16 of 1908).
(b) When the deficit stamp duty required to be paid under clause (a) is paid in respect of any instrument and the instrument is presented again for registration, the Registering Officer shall certify by endorsement thereon, that the deficit stamp duty has been paid in respect thereof and the name and the residence of the person paying them and register the same.
(c) Notwithstanding anything contained in any other provisions of this Act, the deficit stamp duty may be paid under clause (a) in the from of impressed stamps or otherwise, containing such declaration as may be prescribed.
(d) If any person does not make the payment of deficit stamp duty after receiving the order referred to in clause (a) and presents the instrument again for registration, the Registering Officer shall, before registering the instrument, refer the same to the Collector, for determination of the market value of the property and the proper duty payable thereon.
(2) On receipt of a reference under such-section (1), the Collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the market value of the property which is the subject of such instrument and the proper duty payable thereon.
(3) The Collector may, suo motu, or on a reference from any Court or from the Commissioner of Stamps or an Additional Commissioner of Stamps or from a Deputy Commissioner of Stamps or from an Assistant Commissioner of Stamps or any officer authorized by the State Government in that behalf, within four years from the date of registration of any instrument on which duty is chargeable on the market value of the property, not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value, of the property which is the subject of such instrument and the duty payable thereon, and if, after such examination, he has reason to believe that market value of such property has not been truly set forth in such instrument, he may determine the market value of such property and the duty payable thereon:
Provided that, with the prior permission of the State Government, an action under this sub-section may be taken after a period of four years but before a period of eight years from the date of registration of the instrument on which duty is chargeable on the market value of the property.
Explanation. - The payment of deficit stamp duty by any person under any order of the Registering Officer under sub-section (1) shall not prevent the Collector from initiating proceedings on any instrument under subsection (3).
(4) If on enquiry under sub-section (2) and examination under subsection (3) the Collector finds the market value of the property -
(i) truly set forth and the instrument duly stamped, he shall certify by endorsement that it is duly stamped and return it to the person who made the reference;
(ii) Not truly set forth and the instrument not duly stamped, he shall require the payment of the amount required to make up the deficiency in the same, together with a penalty of an amount not exceeding four times the amount of deficient portion of the proper duty.
(5) The Collector shall also require along with the deficit stamp duty or penalty required to be paid under clause (ii) of sub-section (4), the payment of a simple interest at the rate of one per cent per mensem on the amount of deficit stamp duty calculated from the date of the execution of the instrument till the date of actual payment:
Provided that the amount of interest under the sub-section shall be recalculated if the amount of deficit stamp duty is varied on appeal or revision or by any order of a competent Court or Authority.
(6) The amount of interest payable under sub-section (5) shall be added to the amount due and be also deemed for all purposes to be part of the amount required to be paid.
(7) Where realization of the deficit stamp duty remained stayed by any order of any Court or Authority and such order of stay is subsequently vacated, the interest referred to in sub-section (5) shall be payable also for any period during which such order of stay remained in operation.
(8) Any amount paid or deposited by or recovered from, or refundable to, a person under the provisions of this Act, shall first be adjusted towards the deficit stamp duty or penalty outstanding against him and the excess, if any, shall then be adjusted towards the interest, if any, due from him.
(9) The instrument produced before the Collector under sub-section (2) or under sub-section (3) shall be deemed to have come before him in the performance of his functions.
(10) In case the instrument is not produced within the period specified by the Collector, he may require payment of deficit stamp duty, if any, together with penalty on the copy of the instrument in accordance with the procedure as laid down in sub-sections (2) and (4).
### 50. Recovery of duties and penalties. -
All duties, penalties, and other sums required to be paid under this Act may be recovered by the Collector by distress and sale of the movable property of the person from whom the same are due, or by any other process for the time being in force for the recovery of arrears of land revenue.
### 51. Validity of certificate or endorsement in respect of instruments for which higher rate of duty is payable in Uttar Pradesh. -
Notwithstanding anything contained in this Act, no certificate or endorsement under this Act, in respect of an instrument chargeable in Uttar Pradesh with a higher rate of duty in accordance with this Act, shall be received in evidence or be in any way valid in respect of the payment of duty on such instrument unless the duty chargeable at the rates provided in this Act, has been paid on such instrument.
Chapter V
Allowances For Stamps In Certain Cases
-----------------------------------------------------
### 52. Allowance for spoiled stamps. -
Subject to such rules as may be made by the State Government as to the evidence to be required, or the enquiry to be made, the Collector may, on application made within the period prescribed in Section 53, and if he is satisfied as to the facts, make allowance for impressed stamps spoiled in the cases hereinafter mentioned, namely, -
(a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writing or any other means rendered unfit for the purpose intended before any instrument written thereon is executed by any person.
(b) the stamp on any document which is written out wholly or in part, but which is not signed or executed by any party thereto;
(c) the stamp used for an instrument executed by any party thereto which -
(i) has been afterwards found to be absolutely void in law from the very beginning;
(ii) has been afterwards found unfit, by reason of any error or mistake therein, for the purpose originally intended;
(iii) by reason of the death of any person by whom it is necessary that it should be executed, without having executed the same, or of the refusal of any such person to execute the same, cannot be completed so as to effect the intended transaction in the form proposed;
(iv) for want of the execution thereof by some material party, and his inability or refusal to sign the same, is a fact incomplete and insufficient for the purpose for which it was intended;
(v) by reason of the refusal of any person to act under the same, or to advance any money intended to be thereby secured, or by the refusal or non-acceptance of any officer thereby granted, totally fails of the intended purpose;
(vi) becomes useless in consequence of the transaction intended to be thereby effected being effected by some other instrument between the same parties and bearing a stamp of not less value;
(vii) is deficient in value and the transaction intended to be thereby effected has been effected by some other instrument between the same parties and bearing a stamp of not less value;
(viii) is inadvertently and undesignedly spoiled, and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped:
Provided that, in the case of an executed instrument, no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence and that the instrument is given up to be cancelled.
Explanation. - The Certificate of the Collector under Section 37 that the full duty with which an instrument is chargeable has been paid is an impressed stamp within the meaning of this section.
### 53. Application for relief under Section 52 when to be made. -
The application for relief under Section 52 shall be made within the following periods, that is to say -
(a) in the cases mentioned in sub-clause (v) of clause (c), within two months of the date of the instrument;
(b) in the case of a stamped paper on which no instrument has been executed by any of the parties thereto, within six months after the stamp has been spoiled;
(c) in the case of a stamped paper in which an instrument has been executed by any of the parties thereto, within six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed:
Provided that -
(a) when the spoiled instrument has been for sufficient reasons sent out of India, the application may be made within six months after it has been received back in India;
(b) when, from unavoidable circumstances, any instrument for which another instrument has been substituted, cannot be given up to be cancelled within the aforesaid period, the application may be made within six months after the date of execution of the substituted instrument.
### 54. Allowance in case of printed forms no longer required by corporations. -
The Chief Controlling Revenue Authority or the Collector if empowered by the Chief Controlling Revenue Authority in this behalf may, without limit of time, make allowance for stamped papers used for printed forms of instruments, by any banker or by any incorporated company or other body corporate, if for any sufficient reason such forms have ceased to be required by the said banker, company or body corporate:
Provided that such authority is satisfied that the duty in respect of such stamped paper has been duly paid.
### 55. Allowance for misused stamps. -
(a) When any person has inadvertently used for an instrument chargeable with duty, a stamp of a description other than that prescribed for such instrument by the rules made under this Act, or a stamp of greater value than was necessary or has inadvertently used any stamp for an instrument not chargeable with any duty; or
(b) When any stamp used for an instrument has been inadvertently rendered useless under Section 19, owing to such instrument having been written in contravention of the provisions of Section 18, the Collector may, on application made within six months after the date of the instrument, or if it is riot dated, within six months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if chargeable with duty, being re-stamped with the proper duty, cancel and allow as spoiled the stamp so misused or rendered useless.
### 56. Allowance for spoiled or misused stamps-How to be made. -
In any case in which allowance is made for spoiled or misused stamps, the Collector may give in lieu thereof, -
(a) other stamps of the same description and value; or
(b) if required and he thinks fit, stamps of any other description to the same amount in value; or
(c) at his discretion, the same value in money, deducting ten paise for each rupee or fraction of a rupee.
### 57. Allowance for stamps not required for use. -
When any person is possessed of a stamp or stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in money, deducting ten paise for each rupee or portion of a rupee, upon such person delivering up the same to be cancelled, and proving to the Collector's satisfaction -
(a) that such stamp or stamps were purchased by such person with a bona fide intention to use them;
(b) that he has paid the full price thereof; and
(c) that they were so purchased within the period of six months next preceding the date on which they were so delivered:
Provided that, where the person is a licensed vendor of stamps, the Collector may, if he thinks fit, make the repayment of the sum actually paid by the vendor without any such deduction as aforesaid.
Chapter VI
Reference, Revision And Appeal
----------------------------------------------
### 58. Control of, and statement of case to, Chief Controlling Revenue Authority. -
(1) The power exercisable by a Collector under Section 12, clause (a) of the first proviso to Section 32, Chapter IV, Chapter V and Chapter VIII shall in all cases be subject to the control of the Chief Controlling Revenue Authority.
Notwithstanding anything contained in any other provisions of this Act, any person including the Government aggrieved by an order of the Collector under Section 12, clause (a) of the first proviso to Section 32, Chapter IV, Chapter V and Chapter VIII may, within 60 days from the date of receipt of such order prefer an appeal against such order to the Chief Controlling Revenue Authority, who shall, after giving the parties a reasonable opportunity of being heard, consider the case and pass such order thereon as he thinks just and proper and the order so passed shall be final:
Provided that no application for stay of recovery of any disputed amount of stamp duty including interest thereon or penalty shall be entertained unless the applicant has furnished satisfactory proof of the payment of not less than one-third of such disputed amount:
Provided further that where the Chief Controlling Revenue Authority passes an order for the stay of the recovery of any stamp duty, interest thereon or penalty, or for the stay of the operation of any order appealed against and such order results in the stay of recovery of any stamp duty, interest thereon or penalty, such stay order shall not remain in force for more than thirty days unless the appellant furnishes adequate security to the satisfaction of the Collector concerned for the payment of the outstanding amount.
(2) If any Collector, acting under Section 36, Section 43 or Section 44, feels doubt as to the amount of duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with his own opinion thereon, for the decision of the Chief Controlling Revenue Authority.
(3) The Authority referred to in sub-section (2) shall consider the case and send a copy of its decision to the Collector who shall proceed to assess and charge the duty (if any) in conformity with such decision.
(4) Where any order of Collector is partially altered or quashed by the Chief Controlling Revenue Authority, the Collector shall have the power to refund the excess amount of stamp duty, penalty or interest paid under the said order.
### 59. Statement of case by Chief Controlling Revenue Authority to High Court. -
(1) The Chief Controlling Revenue Authority may state any case referred to it under sub-section (2) of Section 58, or otherwise coming to its notice, and refer such case, with its own opinion thereon, if it arises in the State to the High Court of the State;
(2) Every such case shall be decided by not less than three Judges of the High Court to which it is referred, and in case of difference, the opinion of the majority shall prevail.
### 60. Power of High Court to call for further particulars as to case stated. -
If the High Court is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the Revenue Authority by which it was stated, to make such additions thereto or alterations therein as the Court may direct in that behalf.
### 61. Procedure in disposing of case stated. -
(1) The High Court upon the hearing of any such case, shall decide the questions raised thereby, and shall deliver its judgment thereon containing the grounds on which such decision is founded.
(2) The Court shall send to the Revenue Authority by which the case was stated, a copy of such judgment under the seal of the Court and the signature of the Registrar; and the Revenue Authority shall, on receiving such copy, dispose of the case conformably to such judgment.
### 62. Statement of case by other Courts to High Court. -
(1) If any Court, other than a Court mentioned in Section 59, feels doubt as to the amount of duty to be paid in respect of any instrument under proviso (a) to Section 39, the Judge may draw up a statement of the case and refer, it, with his own opinion thereon, for the decision of the High Court to which, if he were the Chief Controlling Revenue Authority, he would, under Section 59, refer the same.
(2) Such Court shall deal with the case as if it had been referred under Section 59, and send a copy of its judgment under the seal of the Court and the signature of the Registrar to the Chief Controlling Revenue Authority and other like copy to the Judge making the reference, who shall, on receiving such copy, dispose of the case conformably to such judgment.
(3) References made under sub-section (1), when made by a Court subordinate to a District Court, shall be made through the District Court, and, when made by any subordinate Revenue Court, shall be made through the Court immediately superior.
### 63. Revision of certain decisions of Courts regarding the sufficiency of stamps. -
(1) When any Court in the exercise of its civil or revenue jurisdiction of any Criminal Court in any proceeding under Sections 125 to 128 and Sections 145 to 148 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty under Section 39, the Court to which appeals lie from, or references are made by, such first-mentioned Court may, of its own motion or on the application of the Collector, take such order into consideration.
(2) If such Court, after such consideration, is of opinion that such instrument should not have been admitted in evidence without the payment of duty and penalty under Section 40, or without the payment of a higher duty and penalty than those paid, it may record a declaration to that effect, and determine the amount of duty with which such instrument is chargeable, and may require any person in whose possession or power such instrument then is, to produce the same, and may impound the same when produced.
(3) When any declaration has been recorded under sub-section (2), the Court recording the same shall send a copy thereof to the Collector, and, where the instrument to which it relates has been impounded or is otherwise in the possession of such Court, shall also send him such instrument.
(4) The Collector may thereupon, notwithstanding anything contained in the order admitting such instrument in evidence, or in any certificate granted under Section 45, or in Section 46, prosecute any person for any offence against the Stamp law which the Collector considers him to have committed in respect of such instrument:
Provided that -
(a) no such prosecution shall be instituted where the amount (including duty and penalty) which, according to the determination of such Court, was payable in respect or the instrument under Section 39, is paid to the Collector, unless he thinks that the offence was committed with an intention of evading payment of the proper duty;
(b) except for the purposes of such prosecution, no declaration made under this section shall affect the validity of any order admitting any instrument in evidence, or of any certificate granted under Section 45.
Chapter VII
Criminal Offences And Procedure
------------------------------------------------
### 64. Penalty for executing, etc. instrument not duly stamped. -
(1) Any person who, with the intention to evade the duty, executes or signs otherwise than as a witness any instrument chargeable with duty without the same being duly stamped shall, on conviction, for every such offence be punished with rigorous imprisonment for a term which shall not be less than one month but which may extend to six months and with fine which may extend to five thousand rupees:
Provided that, when any penalty has been paid in respect of any instrument under Section 39, Section 43, or Section 49, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.
(2) If a share warrant is issued without being duly stamped, the company issuing the same and also every person who, at the time when it is issued, is the Managing Director or Secretary or other principal officer of the company, shall, on conviction be punished with fine which may extend to five hundred rupees.
(3) No person shall be prosecuted under sub-section (1) or sub-section (2) in respect of an instrument which was produced in Court and which was admitted after a decision by the Court that the said instrument was duly stamped or that no stamp was required.
### 65. Penalty for making false declaration in Clearance List. -
Any person who makes a declaration in a clearance list which is false or which he either knows or believes to be false, shall, on conviction, be punished with imprisonment for a term which shall not be less than one month but which may extend to six months and with fine which may extend to five thousand rupees.
### 66. Penalty for failure to cancel adhesive stamp. -
Any person required by Section 17 to cancel an adhesive stamp and failing to cancel such stamp in the manner prescribed by that section, shall be punishable with fine which may extend to one hundred rupees.
### 67. Penalty for omission to comply with provisions of Section 33. -
Any person who, with intent to defraud the Government, -
(a) executes any instrument in which all the facts and circumstances required by Section 33 to be set forth in such instrument are not fully and truly set forth; or
(b) being employed or concerned in or about the preparation of any instruments, neglects or omits fully and truly to set forth therein all such facts and circumstances; or
(c) does any other act calculated to deprive the Government of any duty or penalty under this Act,
shall be punishable with imprisonment for a term which may extend to there months or with fine which may extend to ten thousand rupees, or with both.
### 68. Recovery of amount of deficit stamp duty. -
(1) Where any person liable to pay duty under this Act is convicted of an offence under Section 64 or 67, in respect of any instrument (not being an instrument specified in Entry 91 of List I in the Seventh Schedule to the Constitution) the Magistrate shall, in addition to any punishment which may be imposed for such offence, direct recovery of the amount of duty and penalty, if any, due under this Act from such person in respect of that instrument and such amount shall also be recoverable as if it were a fine imposed by the Magistrate.
(2) Upon such recovery the Collector shall thereupon certify by endorsement on that instrument that proper duty or penalty, as the case may be, has been levied in respect thereof;
### 69. Penalty for breach of rule relating to sale of stamps and for unauthorized sale. -
(a) Any person appointed to sell stamps who disobeys any rule made under Section 75; and
(b) Any person not so appointed who sells or offers for sale stamp (other than a paise or five paise adhesive stamp),
shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
### 70. Institution and conduct of prosecutions. -
(1) No prosecution in respect of any offence punishable under [this Act]
[Corrigenda vide Notification No. 593/79-VI-1-10(ka) -26-2008, dated 4.6.2010, published in the U.P. Gazette, Extraordinary, Part 1, Section (ka), dated 4.6.2010.]
or provisions of the Indian Stamp Act, 1899 (Act No. 2 of 1899) hereby repealed shall be instituted without the sanction of the Collector or such other officer as the State Government generally, or the Collector specially, authorizes in that behalf.
(2) The Chief Controlling Revenue Authority, or any officer generally or specially authorised by it in this behalf, may stay any such prosecution or compound any such offence.
(3) The amount of any such composition shall be recoverable in the manner provided by Section 50.
### 71. Jurisdiction of Magistrates. -
No Magistrate other them a Magistrate, whose powers are not less than those of a Magistrate of the second class, shall try any offence under this Act.
### 72. Place of trial. -
Every such offence committed in respect of any instrument may be tried in any district in which such instrument is found, as well as in any district in which such offence might be tried under the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) for the time being in force.
Chapter VIII
Supplemental Provisions
-----------------------------------------
### 73. Books, etc. to be open to inspection. -
Every public officer or any person having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times, permit any officer whose duty it is to see that proper duty is paid or any other person authorised in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as he may deem necessary, without fee or charge.
### 74. Collector's power to call for information, instruments or records. -
(1) Where the Collector or the Commissioner of Stamps, Additional Commissioner of Stamps, Deputy Commissioner of Stamps or Assistant Commissioner of Stamps has reason to believe that any instrument chargeable to duty has not been charged at all or has been incorrectly charged with duty leviable under this Act, he or any other officer authorised by them in writing,in this behalf (to be called the authorised officer) may require the person concerned who is having in his custody or maintaining such instruments, registers, books, records, papers, maps, documents or proceedings, to produce before him or the authorised officer any such instrument or any other relevant record pertaining thereto, including registers, books, records, paper, maps, documents or proceedings.
Explanation. - For the purpose of this sub-section the expression "person concerned" includes a body of individuals, any statutory authority or association, whether incorporated or not.
(2) If any person, on being required under sub-section (1) by the Collector or the Commissioner of Stamps, Additional Commissioner of Stamps, Deputy Commissioner of Stamps or Assistant Commissioner of Stamps or the authorised officer, wilfully fails to produce the required instrument or other record as aforesaid without any sufficient cause, the Collector or the Commissioner of Stamps, Additional Commissioner of Stamps, Deputy Commissioner of Stamps or Assistant Commissioner of Stamps may direct such person to pay an amount, by way of penalty, a sum not exceeding rupees five thousand:
Provided that no such order under this sub-section shall be passed by the Collector or the Commissioner of Stamps, Additional Commissioner of Stamps, Deputy Commissioner of Stamps or Assistant Commissioner of Stamps unless the person on whom such penalty is proposed to be imposed is given a reasonable opportunity of being heard in the mater:
Provided further that the order passed under this sub-section shall be subject to an appeal to the Chief Controlling Revenue Authority within a period of thirty days or within such extended time as may be allowed in that regard, who shall, after giving the appellant a reasonable opportunity of being heard, pass such order thereon as he thinks just and proper and the order so passed shall be final.
### 75. Power to make rules relating to sale of stamps. -
The State Government, may by notification published in the Gazette make rules for regulating -
(a) the supply and sale of stamps, e-stamp, stamp by franking machine, by use of Internet or any other machine and stamped papers;
(b) the persons by whom alone such sale is to be conducted; and
(c) the duties and remuneration of and the fees chargeable from such person:
Provided that such rules shall not restrict the sale of ten paise or five paise adhesive stamps.
### 76. Power to make rules generally to carry out Act. -
The State Government may by notification published in the Gazette make rules to carry out generally the purposes of this Act including rules for launching amnesty scheme, and may by such rules, prescribe the fines, which shall in no case exceed five hundred rupees, to be incurred on breach thereof.
### 77. Delegation of certain powers. -
The State Government may, by notification in the Gazette, delegate -
(a) all or any of the powers conferred on it by clause (v) of Section 2, sub-section (3) of Section 38, sub-section (1) of Section 70, Section 75 to the Chief Controlling Revenue Authority; and
(b) all or any of the powers conferred on the Chief Controlling Revenue Authority by Section 12, sub-section (1) of Section 58, sub-section (2) of Section 70 and Section 74 to such subordinate revenue authority or any officer of the Stamp and Registration Department not below the rank of Deputy Commissioner of Stamps, as may be specified in the notification.
### 78. Saving as to Court fees. -
Except the provisions as to copies contained in Section 7, nothing in this Act contained shall be deemed to affect the duties chargeable under any enactment for the time being in force relating to Court-fees.
### 79. Saving as to certain stamps. -
All stamps in denominations of annas four or multiples thereof shall be deemed to be stamps of the value of twenty-five paise or, as the case may be, multiples thereof and shall, accordingly, be valid for all the purpose of this Act.
### 80. Application of Indian Stamp Act, 1899. -
The Indian Stamp Act, 1899 (Act No. 2 of 1899) insofar as it relates to the subject-matter relatable to Entry 44 of List III of the Seventh Schedule of the Constitution in respect of documents specified in Entry 91 of List I of the said Schedule, shall, notwithstanding anything contained in this Act or any law for the time being in force, extend to the whole State of Uttar Pradesh.
### 81. Savings and Repeal. -
(1) The Indian Stamp Act, 1899 (Act No. 2 of 1899) as adopted in the State of Uttar Pradesh, except insofar as it relates to documents specified in Entry 91 of List I in the Seventh Schedule to the Constitution of India, is hereby repealed and the provisions of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 1 of 1904), shall apply to such repeal:
Provided that the repeal hereby shall not affect, -
(i) any right, title, obligation or liability already acquired, accrued or incurred or anything done or suffered;
(ii) any legal proceedings or remedy in respect of any such right, title, obligation or liability, under the provisions of the enactments hereby repealed and any such proceeding may "be instituted, continued and disposed of and any such remedy may be enforced as if this Act had not been passed.
(2) Any appointment, notification, notice, order, rule or form made or issued under any of the enactments hereby repealed shall be deemed to have been made or issued under the provisions of this Act, insofar as such appointments, notifications, notice, order, rule or form is not inconsistent with the provisions of this Act and shall continue in force, unless and until it is superseded by an appointment, notification, notice, order, rule or form made or issued under this Act.
(3) All stamps in denominations of annas of four or multiples thereof shall be deemed to be stamps of the value of twenty-five naya paise or, as the case may be, multiples thereof and valid accordingly.
Schedule
----------
[See Section 3 and Section 80]
Stamp duty on Instruments under the Uttar Pradesh Stamp Act, 2008
| | | | |
| --- | --- | --- | --- |
|
|
Description of Instrument
|
|
Proper stamp duty
|
|
1.
|
Acknowledgment,of debt exceeding one
thousand rupees in amount or value, written or signed by, or on
behalf of, a debtor in order to supply evidence of such debt in
any book (other the banker's passbook), or on a separate piece
of paper when such book or paper is left in the creditor’s
possession:Provided that such acknowledgment does not
contain any promise to pay the debt or any stipulation to pay
interest or to deliver any goods or other property.
|
|
Ten rupees
|
|
2.
|
Administration Bond,including a bond
given under Section 291, 375 and 376 of the Indian Succession
Act, 1925 (Act No. 39 of 1925) or Section 6 of the Government
Savings Banks Act, 1873 (Act No. 5 of 1873)
|
|
The same duty as Bond (No. 14) subject to a
maximum of two hundred rupees.
|
|
3.
|
Adoption deed,that is to say, any
instrument (other than a Will) recording an adoption or
conferring or purporting to confer an authority to adoptAdvocate, see Entry as an Advocate (No. 17)
|
|
One hundred rupees
|
|
4.
|
Affidavit,Including an affirmation or
declaration in the case of persons by law allowed, affirming or
declaring instead of swearing
|
|
Ten rupee
|
|
|
Exemptions
|
|
|
|
|
Affidavit or declaration in writing when
made-(a) as a condition of enrolment under the Indian Army
Act, 1950 (Act No. 46 of 1950) the Indian Air Force Act, 1950
(Act No. 45 of 1950) or the Navy Act, 1957 (Act No. 62 of 1957),
or(b) for the sole purpose of enabling any persons to
receive any pension or charitable allowance
|
|
|
|
5.
|
Agreement or its Records or Memorandum of an
Agreement
|
|
|
|
|
(a) if relating to the sale of a bill of
exchange;
|
|
One rupee for every rupees 10,000 or part
thereof
|
|
|
(b) if relating to the purchase or sale of a
Government security,
|
|
|
|
|
(c) if relating to the purchase or sale of
shares, scrips, stocks, bonds, debentures, debenture stocks, or
any other marketable security of a like nature in or of any
incorporated company or other body corporate-
|
|
Fifty paise for every rupees 1,00,000 or part
thereof of the value of the security at the time of its purchase
or sale, as the case may be
|
|
|
(i) when such
agreement or memorandum of an agreement is with or through a
member or between members of Stock Exchange recognized under the
Securities Contracts (Regulation) Act, 1956 (XLII of 1956)
|
|
One rupee for every rupees 10,000 or part
thereof of the value of the security at the time of its purchase
or sale, as the case may be
|
|
|
(ii) in any other
case;
|
|
One rupee for every rupees 10,000 or part
thereof of the value of the security at the time of its purchase
or sale, as the case may be
|
|
|
(d) (i) if relating to the purchase or sale of
cotton
|
|
One rupee for every rupees ten thousand or part
thereof of the value of cotton,
|
|
|
(ii) if relating to
the purchase or sale of bullion or spices
|
|
One rupee for every rupees ten thousand or part
thereof of the value of silver or gold or sovereigns or spices,
as the case may be,
|
|
|
(iii) if relating
to the purchase or sale of oilseeds;
|
|
One rupee every 10,000 or part thereof of the
value of yarn of any kind, non-mineral oils or spices of any
kind, as the case may be
|
|
|
(iv) if relating to
the purchase or sale of yarn of any kind, non-mineral oils or
spices of any kind
|
|
One rupee every rupees 10,000 or part thereof
of the value of yarn of any kind, non-mineral oils or spices of
any kind, as the case may be
|
|
|
Explanation
|
|
|
|
|
Any duty paid under Article 22, 44, or 52, as
the case may be, shall be adjusted against the duty chargeable
under clauses (6) , (c), (d), (i), (ii), (iii) and (iv)
|
|
|
|
|
(e) if relating to the sale of an immovable
property where every one possession is not admitted to have been
delivered, nor is agreed to be delivered without executing the
conveyance:
|
|
Twenty rupees for every one thousand rupees or
part thereof, on the amount of consideration as set forth in the
instrument
|
|
|
Provided that when conveyance in pursuance of
such agreement is executed, within three years from the date of
execution of the said agreement, the duty paid under this
clause, in excess of the duty payable under clause (c) shall be
adjusted towards the total duty payable on the conveyanceProvided further that if the said agreement is revoked
within a period of three years from the date of execution of
such agreement, the stamp duty paid on such agreement shall be
refunded after deduction of ten per cent of the amount of stamp
duty paid on such agreement, subject to minimum deduction of
Rupees One hundred
|
|
|
|
|
(f) If relating to the construction of a
building on a land by a person other than the owner or lessee of
such land and having a stipulation that after construction, such
building shall be held jointly or severally by that other person
and the owner or lessee, as the case may be, of such land, or
that it shall be sold jointly or severally by them or that a
part of it shall be held jointly or severally by them and the
remaining part thereof shall be sold jointly or severally by
them
|
|
Rupees Twenty for every Rupees One Thousand or
part thereof on the amount of consideration, as set forth in the
agreement or the market value of the immovable property which is
the subject of such agreement, whichever is greater
|
|
|
Explanation
|
|
|
|
|
For the purposes of
this clause:-(1) The expression "land" shall
include things attached to the earth, or permanently fastened to
anything attached to the earth(2) The expression "Lessee"
shall mean a holder of a lease in perpetuity or for a period of
thirty years or more(3) The expression "building"
shall mean a building having more than one "apartment"
and/or more than one "commercial unit" where the
expression "apartment" means a part of any property,
intended for independent use, including one or more rooms or
enclosed spaces located on one or more floors or any part or
parts thereof in a building, intended to be used for residential
purpose and with a direct exit to a public street, road or
highway or to a common area leading to such street, road or
highway, which, together with its undivided interest in the
common areas and facilities, forms an independent residential
unit; and the expression “commercial unit’ means any
separate identifiable property, including enclosed spaces
located in the building or commercial complex, on one or more
floors or any part or parts thereof, to be used for the purpose
of practicing any profession, or for carrying on any commercial
activity, occupation, trade or business or for any other related
use and with a direct exit to a public street, road or highway
or to a common area leading to such street, road or highway
which, together with its undivided interest in the common areas
and facilities, forms an independent commercial unit and
includes any godown, in the building in which such unit is
located for use by the owner of such unit for keeping goods
|
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|
|
(g) If relating to,-
|
|
|
|
|
(i) any
advertisement on mass media, made for promotion of any product;
or programme or event with an intention to make profits or
business out of it,
|
|
Two rupees for every Rupees 1000 or part
thereof on the amount agreed in the contract
|
|
|
(ii) conferring exclusive rights for telecasting, broadcasting
or exhibition of an event or a film
|
|
Two rupees for every Rupees 1000 or part
thereof on the amount agreed in the contract
|
|
|
(iii) specific performance by any person or a group of persons
where the value of contract exceeds Rupees 1,00,000
|
|
Two rupees for every Rupees 1000 or part
thereof on the amount agreed in the contract
|
|
|
(iv) creation of any obligation, right or interest and having
monetary value, but not covered under this Article,
|
|
Two rupees for every Rupees 1000 or part
thereof on the amount agreed in the contract
|
|
|
(v) Assignment of copyright under the Copyright Act, 1957 (Act
No. 14 of 1957)
|
|
Two rupees for every Rupees 1000 or part
thereof on the amount agreed in the contract of value signed for
such assignment
|
|
|
(h) If not otherwise provided for
|
|
One hundred rupees
|
|
|
Exemption
|
|
|
|
|
Agreement or memorandum of agreement made in
the form of tender to the Central Government for, or relating to
any loan;
|
|
|
|
6.
|
Agreement Relating to Deposit of Title
Deeds,Pawn, Hypothecation or Pledge, that is to say, any
instrument evidencing an agreement relating to-(1) The
deposit of title-deeds, or instruments constituting or being
evidence of the title to any property whatever (other than a
marketable security); or(2) The pawn, hypothecation or
pledge of movable property, where such deposit, pawn,
hypothecation or pledge has been made by way of security for the
repayment of money advanced or to be advanced by way of loan or
an existing or future debt-
|
|
|
|
|
(a) If such loan or debt is repayable on demand
or more than to a three months from the date of the instrument
evidencing the agreement; for every Rupees One thousand or part
thereof of the amount of loan or debt,
|
|
Five rupees, subject to a maximum of Rupees Ten
thousand
|
|
|
Explanation
|
|
|
|
|
For the purposes of clause (1) of this Article,
any letter, note or memorandum, record or writing, relating to
the deposit of title deeds, whether written or made before, or
at the time of, or after, the deposit of title deeds is
effected, and whether it is in respect of the first loan or any
subsequent loan, such loan, such letter, note, memorandum,
record or writing shall, in the absence of any separate
agreement relating to deposit of title deeds, be deemed to’
be an instrument evidencing an agreement relating to the deposit
of title deeds
|
|
|
|
|
(b) If such loan or debt is repayable not more
than three on a loan or months from the date of such instrument
|
|
Half the duty payable on a loan or debt under
clause (a) for the amount secured
|
|
|
Exemption
|
|
|
|
|
Instrument of pawn, hypothecation or pledge of
agriculture produce, if unattested
|
|
|
|
7.
|
Appointment in Execution of a Power,whether of trustees or of property, movable or immovable, where
made by any writing not being a Will-
|
|
|
|
|
(a) where the value of the property does not
exceed Rupees One thousand
|
|
Fifty rupees
|
|
|
(b) in any other case
|
|
One hundred rupees
|
|
8.
|
Appraisement or Valuationmade otherwise
than under an order of the Court in the course of a suit
|
|
|
|
|
(a) where the amount does not exceed Rs. 1000.
|
|
The same duty as a Bond (No. 14) for such
amount
|
|
|
(b) in any other case.
|
|
The same duty as a Bond (No. 14) for Rupees One
thousand
|
|
|
Exemptions
|
|
|
|
|
(a) Appraisement or valuation made for the
information of one party only, and not being in any manner,
obligatory between parties, either by agreement or operation of
law.(b) Appraisement of crops for the purpose of
ascertaining the amount to be given to a landlord as rent.
|
|
|
|
9.
|
Apprenticeship Deed,including every
writing relating to the service or tuition of any apprentice,
clerk or servant, placed with any master to learn any
profession, trade or employment, not being Articles of Clerkship
(No. 11)
|
|
Twenty rupees
|
|
|
Exemption
|
|
|
|
|
Instruments of apprenticeship executed by a
Magistrate under the Apprentices Act, 1850 (Act No. 19 of 1850),
or by which a person is apprenticed by or at the charge of any
public charity
|
|
|
|
10.
|
Articles of Association of a Company
|
|
Five hundred rupees
|
|
|
Exemption
|
|
|
|
|
Articles of any Association not formed for
profit and registered under Section 26 of the Indian Companies
Act, 1913 (Act No. 7 of 1913)See also Memorandum of
Association of a Company (No. 40)
|
|
|
|
11.
|
Articles of
Clerkshipor contract whereby any person first becomes bound
to serve as a clerk in order to secure his admission as an
attorney in any High CourtAssignment - See Conveyance
(No. 24), Transfer (No. 60), and Transfer of Lease (No. 61), as
the case may beAttorney-See Entry as an Attorney (No. 17)
and Power-of-Attorney (No. 48) Authority to Adopt-See Adoption
Deed (No. 3)
|
|
Four hundred rupees
|
|
12.
|
Award,that is to say, any decision in
writing by an arbitrator or umpire, not being an award directing
a partition, on a reference made otherwise than by an order of
the Court in the course of a suit-
|
|
|
|
|
(a) Where the amount or value of the property
to which the award relates as set forth in such award does not
exceed Rs. 1000;
|
|
The same duty as a bond (No. 14) for such
amount.
|
|
|
(b) If it exceeds Rs. 1000, for every
additional Rs. 1000 or part thereof
|
|
Ten rupees
|
|
|
(c) Where the subject-matter of award is
incapable of valuation
|
|
The same duty as bond (No. 14) for Rupees One
thousand
|
|
|
Exemption
|
|
|
|
|
Award under the U.P.
Municipalities Act, 1916 (Act No. 2 of 1916), Section 324(1) or
the U.P. District Boards Act, 1922 (Act No. 10 of 1922), Section
191.
|
|
|
|
13.
|
Bank Guarantee. -Guarantee deed
executed by a bank as a surety to secure the due performance of
a contract or the due discharge of liability,-for every one
thousand rupees or part thereof,Bill of Exchange-See No.
13 Schedule I, of the Indian Stamp Act, 1899Bill of Lading.
- See No. 14 Schedule I of the Indian Stamp Act, 1899 Schedule
I.
|
|
Five rupees subject to a maximum of
ten thousand rupees.
|
|
14.
|
Bond[as defined by Section 2(HI) ] not
being a debenture (No. 27 of Schedule of the Indian Stamp Act,
1899), and not being otherwise provided for by this Act, or by
the Court Fees Act, 1870 (Act No. 7 of 1870)-Where the
amount, or value secured does not exceed Rs. 100;where it
exceeds Rs. 100 and does not exceed Rs. 1000and for every
additional Rs. 1000 or part thereof in excess of Rs. 1000See
Administration Bond (No. 2)Bottomry Bond (No. 15), Customs
Bond (No. 27), Indemnity Bond (No. 33). Respondentia Bond (No.
54), Security Bond (No. 55)
|
|
Four rupeesForty rupeesForty
rupees
|
|
|
Exemption
|
|
|
|
|
Bond, when executed by any person for the
purpose of guaranteeing that the local income derived from
private subscriptions to a charitable dispensary or hospital or
any other subject of public utility shall not be less than a
specified sum per mensem
|
|
|
|
15.
|
Bottomry Bond,that is to say, any
instrument whereby the master of a seagoing ship borrows money
on the security of the ship to enable him to preserve the ship
or prosecute her voyage
|
|
The same duty as a Bond (No. 14) for a sum
equal to the amount or value secured
|
|
16.
|
Cancellation-Instrument of (including
any instrument by which any instrument, previously executed is
cancelled), if attested and not otherwise provided forSee
also Release (No. 53), Revocation of settlement (No.
56-B),Surrender of Lease (No. 59), Revocation of-Trust (No.
62-B)
|
|
One hundred rupees
|
|
17.
|
Certificate of Enrolment under Section 22 of
the Advocates Act,1961 (Act No. 25 of 1961), issued by the
Stale Bar Council of Uttar Pradesh
|
|
Five hundred rupees
|
|
18.
|
Certificate of Practice as Notaryunder
sub-section (1) of Section 5 of the Notaries Act, 1952 (Act No.
53 of 1952), or endorsement of renewal of such certificate under
sub-section (2) of the said section
|
|
Two hundred rupees
|
|
19.
|
Certificate of Sale(in respect of each
property put up a separate lot and sold) granted to the
purchaser of any property sold by public auction by a Court, by
an officer, authority or body empowered under any law, for the
time being in force, to sell such property by public auction and
to grant such certificate.
|
|
The same duty as a Conveyance [No. 24 clause
(a) ] for a consideration equal to the amount of the purchase
money only
|
|
20.
|
Certificate or Other Document,evidencing the right or title of the holder thereof, or any
other person, either to any shares, scrip or stock in or of any
incorporated company or other body corporate, or to become
proprietor of shares, scrip or stock in or of any such company
or body See also Letter of Allotment of Shares (No.37)
|
|
One rupee
|
|
21.
|
Charter-Party,that is to say, any
instrument (except an agreement for the hire of tug-steamer)
whereby a vessel or some specified principal part thereof is let
for the specified purposes of the charterer, whether it includes
a penalty clause or not
|
|
Ten rupees
|
|
22.
|
(1) Clearance List relating to the transactions
for the purchase or sale of Government securities submitted to
the clearing house of a stock exchange
|
|
The sum of duties payable under clause (b) of
Article 5 or Article 44(g) , as the case may be, in respect of
each of the entries in such list on the value of the securities
calculated at the making up price or the contract price, as the
case may be
|
|
|
(2) Clearance List relating to the transactions
for the purchase or sale of a share, scrip, stock, bond,
debenture, debenture-stock or other marketable security of a
like nature in or of an incorporated company or other body
corporate, submitted to the clearing house of a stock exchange
whether recognized or not recognized under the Securities
Contract (Regulation) Act, 1956 (Act No. 42 of 1956)
|
|
The sum of duties payable under Article 5(c) (i)
or Article 44(f) , as the case may be, in respect of each of the
entries in such list on the value of the securities calculated
at the making up price or the contract price, as the case may be
|
|
|
(3) Clearance List relating to the transactions
for the purchase or sale of cotton submitted to the cotton
association
|
|
The sum of duties payable under Article 5(d) (i)
or 44(a) , as the case may be, in respect of each of the entries
in such list on the value
|
|
23.
|
Composition Deed,that is to say, any
instrument executed by a debtor whereby he conveys his property
for the benefit of his creditors, or whereby payment of a
composition or dividend on their debts is secured to the
creditors, or whereby provision is made for the continuance of
the debtor’s business, under the supervision of Inspectors
or under letters of license, for the benefit of his creditors.
|
|
Fifty rupees
|
|
24.
|
Conveyance[as defined by Section
2(viii) ], not being a transfer charged or exempted under No.
60-(a) if relating to immovable property where the amount or
value of the consideration for suchConveyance as set forth
therein or the market value of the immovable property which is
the subject of such conveyance, whichever is greater, does not
exceed Rs. 500Where it exceeds Rs. 500 but does not exceed
Rs. 1000.and for every Rs. 1000 or part thereof in excess of
Rs. 1000.Provided that, if an immovable property is sold
by Government or a Local Body constituted under the Uttar
Pradesh Municipalities Act, 1916 (U.P. Act No. 2 of 1916) or the
Uttar Pradesh Nager Palika Adhiniyam, 1959 (U.P. Act No. 2 of
1959) or by a Development Authority constituted under the Uttar
Pradesh Urban Planning and Development Act, 1973 (President Act,
No. 11 of 1973 as amended and re-enacted by U.P. Act No. 30 of
1974), an Industrial Development Authority constituted under the
Uttar Pradesh Industrial Area Development Act, 1976 (U.P. Act
No. 6 of 1976), the Uttar Pradesh Awas Evam Vikas Parishad
established under the Uttar Pradesh Awas Evam Vikas Parishad
Adhiniyam, 1965 (U.P. Act No. 1 of 1966) and the Uttar Pradesh
State Industrial Development Corporation registered under the
Companies Act, 1956 (Act No. 1 of 1956) on the basis of the
pre-determined price, then the value determined by such bodies,
shall be the market value of the subject matter of the
property.Explanation.- For the purposes of this
proviso the "predetermined price" includes the
interest and/or penalty, if any, relating to the transferred
property levied by the above-mentioned authorities on the
allottee
|
|
Fifty rupeesEighty
rupeesEighty rupees
|
|
|
(b) if relating to immovable property-by a
co-operative housing society registered or deemed to be
registered under any law relating to co-operative societies for
the time being in force, in favour of its members;
|
|
The same duty as on Conveyance [No. 24
clause (a) ] on one-half of the consideration or the market value
of such property, whichever is higher
|
|
|
(c) If relating to transfer of share in
immovable property of an existing member of a co-operative
housing society in favour of an incoming person by the
co-operative housing society by means of issuance of new share
Certificates or when such transfer is effected by endorsement on
the share certificate of the existing member in favour of the
incoming person,Provided that in case stamp duty has already
been paid on such transfer of shares as provided in the above
clause(c) and when conveyance in pursuance of such transfer of
shares is subsequently executed, the duty on such conveyance
shall be one hundred rupees
|
|
The same duty as on Conveyance [No. 24 clause
(a) ] on one-half of the consideration or the market value of
such property, whichever is higher
|
|
|
Exemption
|
|
|
|
|
Instrument of conveyance executed in favour of
co-operative society, not being a co-operative housing society,
registered or deemed to be registered under any law relating to
cooperative societies for the time being in force
|
|
|
|
|
(d) if relating to movable property: where the
amount or value of the consideration of such conveyance as set
forth therein does not exceed Rupees One thousandand for
every Rupees One thousand or part thereof in excess of Rupees
One thousand,
|
|
Twenty rupeesTwenty rupees
|
|
|
(e) (i) If relating to the order of High Court
in respect of the amalgamation or reconstruction of companies
under Section 394 of the Companies Act, 1956 (Act No. 1 of 1956)
or under the order of the Reserve Bank of India under Section
44-A of the Banking Regulation Act, 1949 (Act No. 10 of 1949),
or
|
|
Ten percent of -The aggregate of the market
value of the shares issued or allotted in exchange or otherwise
and the amount of the consideration paid for such amalgamation,
or
|
|
|
(ii) Whereby an
incorporated company or body corporate transfers its property in
the form of controlling interest by transfer of equity shares to
another incorporated company or body corporate or a person or a
group of persons,
|
|
The market value of the shares transferred to
the transferee in the form of controlling interest,Provided
that the amount of duty chargeable under this clause shall not
exceed-(i) An amount equal to five per cent of the market
value of the immovable property located within the territory of
Uttar Pradesh of the transferor company; or(ii) An amount
equal to 0.70 per cent of the aggregate of the market value of
the shares issued or allotted in exchange or otherwise and
amount of consideration paid for such amalgamation, whichever is
higher among (i) or (ii),Provided further that in case of
reconstruction or de-merger, the duty chargeable shall not
exceed-(i) An amount equal to five per cent of the market
value of the immovable property located within the State of
Uttar Pradesh transferred by the de-merging company to the
resulting company or(ii) an amount equal to 0.70 per cent of
the aggregate of the market value of the shares issued or
allotted to the resulting company and the amount of
consideration paid for such de-merger, whichever is higher
|
|
|
Exemption
|
|
|
|
|
Assignment of
copyright in musical works by resident of, or first published in
India
|
|
|
|
|
Explanation 1
|
|
|
|
|
For the purposes of
this Article, in the case of an agreement to sell an immovable
property, where possession is delivered before the execution or
at the time of execution or is agreed to be delivered without
executing the conveyance, the agreement shall be deemed to be a
conveyance and stamp thereon shall be payable
accordingly.Provided that the provisions of Section 52
shall, mutatis mutandis, apply to such agreement.Provided
further that in case stamp duty has already been paid on
agreement to sell with possession and when conveyance in
pursuance of such agreement is subsequently executed within a
period of three years from the date of execution of such
agreement the duty on such conveyance shall be one hundred
rupee; and if conveyance in pursuance of such agreement with
possession is subsequently executed after a period if there
years from the date of execution of such agreement; the stamp
duty paid under this clause in excess of the duty payable under
clause (e) of this Article shall be adjusted towards the total
duty payable on the conveyance.
|
|
|
|
|
Explanation 2
|
|
|
|
|
(i) For the purposes
of clause (e) , the market value of shares,-
|
|
|
|
|
(a) in relation to the transferee company, whose shares are listed
and quoted for trading on a stock exchange, means the market
value of shares as on the appointed day mentioned in the scheme
of amalgamation or when appointed day is not so fixed, the date
of order of the High Court; and(b) in relation to the
transferee company whose shares are not listed/or listed but not
quoted for trading on a stock exchange, means the market value
of the shares issued or allotted with reference to the market
value of the shares of the transferor company or as determined
by the Collector after giving the transferee company an
opportunity of being heard
|
|
|
|
|
(ii) for the purposes
of clause (e) , the number of shares issued or allotted in
exchange or otherwise shall mean, the number of shares of the
transferor company accounted as per exchange ratio as x
appointed date Co-partnership Deed. See Partnership (No. 47)
|
|
|
|
25.
|
Copy or extractcertified to be a true
copy or extract, by or by order of any public officer and not
chargeable under the law for the time being in force relating to
Court fees-(i) if the original was not chargeable with duty
or if the with which it was chargeable does not exceed ten
rupees:(ii) in any other case not falling within the
provisions of Section 7,
|
|
Ten rupeesTen rupees
|
|
|
Exemptions
|
|
|
|
|
(a) Copy of any paper which a public officer is
expressly required by law to make or to furnish for record in
any public office or for any public purpose(b) Copy of, or
extract from any register relating to births, baptisms, namings,
dedications, marriage, divorces, deaths or burials
|
|
|
|
26.
|
Counterpart or Duplicateof any
instrument chargeable with duty and in respect of which the
proper duty has been paid,-(a) if the duty with which the
original instrument is chargeable does not exceed, fifty
rupees;(b) in any other case not falling within the
provisions of Section 7
|
|
The same duty as is payable on the
originalFifty rupees
|
|
|
Exemption
|
|
|
|
|
Counterpart of any
lease granted to a cultivator when such lease is exempted from
duty.
|
|
|
|
27.
|
Customs-Bond
|
|
Subject to a maximum of one hundred fifty
rupees, the same duty as on a Bond (No.14)
|
|
28.
|
Delivery Order in Respect of Goods,that
is to say, any instrument entitling any person therein named, or
his assigns or the holder thereof, to the delivery of any goods
lying in any dock or port, or in any warehouse in which goods
are stored or deposited on rent or hire, or upon any wharf, such
instrument being signed by or on behalf of the owner of such
goods, upon the sale or transfer of the property therein, when
such goods exceed in value one thousand rupeesDeposit of
title deeds. 6ee Agreement Relating to Deposit of Title
Deeds,Hypothecation, Pawn or Pledge (No.6)Dissolution of
Partnership. See Partnership (No.47)
|
|
Ten rupees
|
|
29.
|
Divorce -Instrument of, that is to say,
any instrument by which any person effects the dissolution of
his marriageDower Instrument of. See Settlement (No. 56)
Duplicate See Counterpart (No.26)
|
|
One hundred rupees
|
|
30.
|
Exchange of Property -Instrument of
exchange of property including declaration or records of oral
exchange of property or any decree or final order of any Civil
or Revenue Court
|
|
The same duty as a Conveyance [No.24 clause
(a) ) for a consideration equal to the market value of the
property of greatest value:Provided that where stamp duty
has already been paid on the decree or order of the Court and
subsequently an instrument of exchange of property is executed
in pursuance of such decree or order, the stamp duty, if any,
already paid or recovered on such decree or order shall be
adjusted towards the total duty leviable on such instrument
|
|
|
Extract. See Copy (No. 25)
|
|
|
|
31.
|
Further
Charge -Instrument of, that is to say, any instrument
imposing a further charge on mortgaged property -
|
|
|
|
|
(a) when the original mortgage is one of the
description referred to in clause (a) of Article 41 (that is,
with possession);
|
|
The same duty as a Conveyance [No. 24 clause
(a) ] for a consideration equal to the amount of the further
charge secured by such instrument
|
|
|
(b) when such mortgage is one of the
description referred to in clause (b) of Article 41 (that is,
without possession)-
|
|
|
|
|
(i) if at the time
of execution of the instrument of further charge possession of
the property is given, or agreed to be given under such
instrument;
|
|
The same duty as a Conveyance [No. 24 clause
(a) ] for a consideration equal to the total amount of the charge
(including the original mortgage and any further charge already
made) less the duty already paid on such original mortgage and
further charge
|
|
|
(ii) if possession
is not so given
|
|
The same duty as a Bond (No.14) for the amount
of the further charge secured by such instrument
|
|
32.
|
Gift -Instrument of, not being a
Settlement (No. 56) or Will or Transfer (No. 60)Hiring
Agreements or agreement for service. See Agreement (No.5)
|
|
The same duty as a Conveyance [No. 24 clause
(a) ] for a consideration equal to the value of the property
|
|
33.
|
Indemnity-BondInspectorship
Deed. See Composition Deed (No. 23);Insurance. See Policy of
Insurance (No. 47 of Schedule of the Indian Stamp Act, 1899)
|
|
The same duty as a Security Bond not being a
mortgage deed (No. 55) for the same amount
|
|
34.
|
Instrumentcorrecting a purely clerical
error in an instrument chargeable with duty and in respect of
which the proper duty has been paid
|
|
One hundred rupees
|
|
35.
|
Lease,Including an under-lease or
sub-lease and any agreement to let or sub-let or any renewal of
lease-(a) whereby such lease the rent is fixed and no
premium is paid or delivered-
|
|
|
|
|
(i) where the lease
purports to be for a term not exceeding three years;
|
|
two per cent of the whole amount payable or
deliverable under such lease
|
|
|
(ii) where the
lease purports to be for a term exceeding three years but not
exceeding five years;
|
|
two per cent of a consideration equal to three
times the amount or value of the average annual rent reserved
|
|
|
(iii) where the
lease purports to be for a term exceeding five years but not
exceeding ten years;
|
|
two per cent of a consideration equal to five
times the amount or value of the average annual rent reserved
|
|
|
(iv) where the
lease purports to be for a term exceeding ten years but not
exceeding twenty years;
|
|
two per cent of a consideration equal to ten
times the amount or value of the average annual rent reserved
|
|
|
(v) where the lease
purports to be for a term exceeding twenty years but not
exceeding thirty years or does not purport to be for any
definite term;
|
|
two per cent of a consideration equal to twenty
times the amount or value of the average annual rent reserved
|
|
|
(vi) where the
lease purports to be for a term exceeding thirty years or in
perpetuity;
|
|
The same duty as a Conveyance [No. 24 clause
(a) ] for a consideration equal to the market value of the
property which is the subject of the lease
|
|
|
(b) where the lease is granted for a fine or
premium or for money advanced and where no rent is reserved;
|
|
|
|
|
(i) where the lease
purports to be for a term not exceeding thirty years or does not
purport to be for any definite term;
|
|
The same duty as a Conveyance [No. 24 clause
(a) ] for a consideration equal to the amount or value of such
fine or premium or advance as set forth in the lease
|
|
|
(ii) where the
lease purports to be for a term exceeding thirty years, or in
perpetuity,
|
|
The same duty as a Conveyance [No. 24 clause
(a) ] for a consideration equal to the market value of the
property which is the subject of the lease
|
|
|
(c) where the lease is granted for a fine or
premium or for money advanced in addition to rent reserved
|
|
|
|
|
(i) where the lease
purports to be for a term not exceeding thirty years or does not
purport to be for any definite term;
|
|
The same duty as a Conveyance [No. 24 clause
(a) ] for a consideration equal to the amount or value of such
fine or premium or advance as set forth in the lease, in
addition to the duty which would have been payable on such lease
if no fine or premium or advance had been paid or
delivered:Provided that in a case when an agreement to
lease is stamped with the ad valorem stamp required for lease,
and a lease in pursuance of such agreement is subsequently
executed, the duty on such lease shall not exceed fifty rupees
|
|
|
(ii) where the
lease purports to be for a term exceeding thirty years, or in
perpetuity,
|
|
The same duty as a Conveyance [No. 24 clause
(a) ] for a consideration equal to the market value of the
property which is the subject of the lease
|
|
|
(d) where the rent is not specified and the
lease is granted on the basis of sharing of profit or percentage
in turnover or otherwise for a period not more than thirty
years, the rent shall be assumed to be equal to the rent as
calculated on the basis of such percentage or the rent as fixed
by the Collector under Uttar Pradesh Stamp (Valuation of
Property) Rules, 1997, as amended from time to time-whichever is
higher
|
|
As in clause (a) on the amount of rent so
arrived
|
|
|
(e) where the lease is granted for premium
and/or rent on the basis of sharing of profit, or on percentage
in turnover, or otherwise for a period not more than thirty
years in addition to premium and/or rent:Provided that
the minimum duty payable on any lease shall be one hundred
rupees:Provided further that, if an immovable property is
given on lease by Government or a Local Body constituted under
the Uttar Pradesh Municipalities Act, 1916 (U.P. Act No. 2 of
1916) or the Uttar Pradesh Nager Palika Adhiniyam, 1959 (U.P.
Act No. 2 of 1959) or by a Development Authority constituted
under the Uttar Pradesh Urban Planning and Development Act, 1973
(President Act No. 11 of 1973 as amended and re-enacted by U.P.
Act No. 30 of 1974), an Industrial Development Authority
constituted under the Uttar Pradesh Industrial Area Development
Act, 1976 (U.P. Act No. 6 of 1976), the Uttar Pradesh Awas Evam
Vikas Parished established under the Uttar Pradesh Awas Evam
Vikas Parished Adhiniyam, 1965 (U.P. Act No 1 of 1966) and the
Uttar Pradesh State Industrial Development Corporation
registered under the Companies Act, 1956 (Act No. 1 of 1956) the
stamp duty shall be payable as follows-
|
|
On the sum of duty arrived under clause (d) and
clause (a) , (b) or (c) as the case may be
|
|
|
(i) where the lease
purports to be for a term exceeding thirty years,
|
|
The same duty as a Conveyance [No. 24 clause
(a) ] for the amount of consideration equal to ten times of the
amount or value of the average annual rent reserved
|
|
|
(ii) where the
lease is granted for a fine or premium or for money advanced and
where no rent is reserved,
|
|
The same duty as a Conveyance [No. 24 clause
(a) ] for the amount of consideration equal to the amount or
value of such fine or premium or advance as set forth in the
lease
|
|
|
(iii) where the
lease is granted for a fine or premium or for money advanced in
addition to rent reserved and purports to be for a term
exceeding thirty years,
|
|
The same duty as a Conveyance amount of
consideration equal to the amount or value of such fine or
premium or advance as set forth in the lease in addition to the
amount mentioned in respect of clause (i) |
|
|
Provided also that if stamp duty has already
been paid on decree or final order of a Court and subsequently
an instrument of lease is executed in pursuance of such decree
or order, the stamp duty, if any, already paid and/or recovered
on such decree or order, the duty shall not exceed rupees one
hundred
|
|
|
|
|
Exemption
|
|
|
|
|
Lease, executed in the case of a cultivator and
for the purpose of cultivation (including a lease of trees for
the production of food or drink) without the payment or delivery
of any fine or premium, when a define term is expressed and such
term does not exceed one year, or when the average annual rent
reserved does not exceed one hundred rupees In this exemption a
lease for the purposes of cultivation shall include a lease of
land for cultivation together with a homestead or tanks
|
|
|
|
|
Explanations
|
|
|
|
|
(1) When a lessee
undertakes to pay any recurring charge such as Government
revenue, the landlord’s share of cesses or the owner’s
share of municipal rates or taxes which is by law recoverable
from the lessor the amount so agreed to be paid by the lessee
shall be deemed to be part of the rent(2) A lease from month
to month or year to year without any fixed period or one for a
fixed period with a provision allowing the lessee to hold over
thereafter for an indefinite term, shall be deemed for the
purposes of this Article to be a lease not purporting to be for
any definite term(3) Rent paid in advance shall be deemed to
be money advanced within the meaning of this Article unless it
is specifically provided in the lease that rent paid in advance
shall be set off towards the last instalment or instalments of
rent(4) The aggregate amount at which tolls are let, whether
payable in lump sum or in instalments shall be deemed to be
premium for the purposes of this Article(5) Any
consideration in the form of premium or money advanced or to be
advanced or security deposit by whatever name called shall, for
the purpose of this Article, be treated as premium passed on(6) The provision of extension of the lease period along with the
pre-determined rate of rent and the obligation on the part of
the lessor to extend the lease shall be treated as a part of the
term of the present lease
|
|
|
|
36.
|
Leave and License -If relating to
immovable property, as defined in Section 52 of the Easements
Act, 1882 (Act No. 5 of 1882)
|
|
The same duty as a Lease (Article 35)
|
|
37.
|
Letter of Allotment of Shares,in any
company or proposed company, or in respect of any loan to be
raised by any company or proposed companySee also
Certificate or Other Document (No. 20)
|
|
One rupee
|
|
38.
|
Letter of License, thatis to say, any
agreement between a debtor and his creditors, that the latter
shall, for a specified time, suspend their claims and allow the
debtor to carry on business at his own discretion
|
|
Thirty rupees
|
|
39.
|
Licence Relating to Arms or Ammunition,that is to say, document evidencing the license or renewal of
license relating to arms or ammunition under the provisions of
the Arms Act, 1959 (Act No. 54 of 1959)
|
|
|
|
|
(A) License relating to following arms;
|
|
|
|
|
(i) Revolvers or
pistols
|
|
Two thousand rupees
|
|
|
(ii) Rifles
|
|
One thousand five hundred rupees
|
|
|
(iii) DBBL Weapons
|
|
One thousand rupees
|
|
|
(iv) SBBL Weapons
|
|
One thousand rupees
|
|
|
(v) ML Weapons
|
|
Two hundred rupees
|
|
|
(B) License relating to arms or ammunitions on
following Forms as set out in Schedule III to the Arms Rules,
1962;
|
|
|
|
|
(i) Form XI
|
|
Ten thousand rupees
|
|
|
(ii) Form XII
|
|
Ten thousand rupees
|
|
|
(iii) Form XIII
|
|
Five thousand rupees
|
|
|
(iv) Form XIV
|
|
Three thousand rupees
|
|
|
(C) Renewal of license relating to following
arms;
|
|
|
|
|
(i) Revolvers or
pistols
|
|
One hundred rupees
|
|
|
(ii) Rifles
|
|
One hundred rupees
|
|
|
(iii) DBBL Weapons
|
|
One hundred rupees
|
|
|
(iv) SBBL Weapons
|
|
One hundred rupees
|
|
|
(v) ML Weapons
|
|
One hundred rupees
|
|
|
(D) Renewal of license relating to arms or
ammunitions on following Forms as set out in Schedule III to the
Arms Rules, 1962;
|
|
|
|
|
(i) Form XI
|
|
Three thousand rupees
|
|
|
(ii) Form XII
|
|
Three thousand rupees
|
|
|
(iii) Form XIII
|
|
Two thousand rupees
|
|
|
(iv) Form XIV
|
|
One thousand rupees
|
|
40.
|
Memorandum of Association of a Company
|
|
|
|
|
(a) If accompanied
by articles of association under Section 26 of the Companies
Act, 1956 (Act No. 1 of 1956);
|
|
Five hundred rupees
|
|
|
(b) If not so
accompanied
|
|
One thousand rupees
|
|
|
Exemption
|
|
|
|
|
Memorandum of any association not formed for
profit and registered under Section 26 of the Companies Act,
1956 (Act No. 1 of 1956)
|
|
|
|
41.
|
Mortgage Deed,not being an agreement
relating to deposit of title deeds, hypothecation, pawn or
pledge (No.6), Bottomry Bond (No. 15), Mortgage of a Crop (No.
42), Respondentia Bond (No. 54), or Security Bond not being a
mortgage deed (No. 55)
|
|
|
|
|
(a) when possession of the property or any part
of the property comprised in such deed is given by the mortgagor
or agreed to be given;
|
|
Rupees twenty for every Rupees One thousand or
part thereof for a consideration equal to the amount secured by
such deed
|
|
|
(b) when possession is not given or agreed to
be given as aforesaid;
|
|
Rupees five for every rupees one thousand or
part thereof for the amount secured by such deed, subject to a
maximum of Rupees Five lakh
|
|
|
Explanation
|
|
|
|
|
A mortgagor who gives to the mortgage a
power-of-attorney to collect rents or a lease of the property
mortgaged or part thereof, is deemed to give possession within
the meaning of this Article
|
|
|
|
|
(c) when a collateral or auxiliary or
additional or substituted security by way of further assurance
for the abovementioned purpose, where the principal or primary
security is duly stamped-For every sum secured not exceeding
Rs. 1000;and for every Rs. 1000 or part thereof secured in
excess of Rs. 1000
|
|
Ten rupeesTen rupees
|
|
|
Exemptions
|
|
|
|
|
(1) Instruments, executed by persons taking
advances under the Land Improvement Loans Act, 1883 (Act No. 19
of 1883), or the Agriculturists' Loans Act, 1884 (Act No. 12 of
1884), or by their sureties as security for the repayment of
such advances(2) Letter of hypothecation accompanying a bill
of exchange
|
|
|
|
42.
|
Mortgage of a Crop,including any
instrument evidencing an agreement to secure the repayment of a
loan made upon any mortgage of a crop, whether the crop is or is
not in existence at the time of the mortgage-
|
|
|
|
|
(a) when the loan is repayable not more than
three months from the date of the instrument-for every sum
secured not exceeding Rs. 6000;and for every Rs. 6000 or
part thereof in excess of Rs. 6000;
|
|
Ten rupeesTen rupees
|
|
|
(b) when the loan is repayable more than three
months, but not more than eighteen months from the date of the
instrument-for every sum secured not exceeding Rs. 3000;and
for every Rs. 100 or part thereof secured in excess of Rs.3000
|
|
Twenty rupeesTwenty rupees
|
|
43.
|
Notorial Act,that is to say, any
instrument, endorsement, note, attestation, certificate or entry
not being a Protest (No. 49) made or signed by a Notary Public
in the execution of the duties of his office, or by any other
person lawfully acting as a Notary PublicSee also Protest
of Bill or Note (No. 49)
|
|
|
|
44.
|
Note or Memorandumsent by a broker or
agent to his principal intimating the purchase or sale on
account of such principal-
|
|
|
|
|
(a) of cotton
|
|
One rupee for every rupees 10,000 or part
thereof on the value of cotton,
|
|
|
(b) of bullion or specie
|
|
One rupee for every rupees ten thousand or part
thereof on the value of silver or gold or sovereigns, as the
case may be
|
|
|
(c) of oilseeds,
|
|
One rupee for every 10,000 or part thereof on
the value of oilseeds,
|
|
|
(d) of yarn of any kind, non-mineral oils or
species of any kind,
|
|
One rupee for every rupees 10,000 or part
thereof of the value of yam of any kind, non-mineral oils or
species of any kind, as may be
|
|
|
(e) of any other goods exceeding in value
twenty rupees,
|
|
One rupee for every rupees 10,000 or part
thereof on the value of goods
|
|
|
(f) of any share, scrip, stock, bond,
debenture, debenture-stock or other marketable security of a
like nature exceeding in value twenty rupees, not being a
Government security,
|
|
One rupee for every Rupees 10,000 or part
thereof of the value of the security, at the time of its
purchase or sale, as the case may be
|
|
|
(g) of a Government security
|
|
Fifty paise for every Rupees 1,00,000 or part
thereof of the value of security
|
|
|
Explanation
|
|
|
|
|
(1) For the purposes
of this Article, ‘Stock Exchange’ referred
hereinabove means a Stock Exchange as defined in clause (j) of
Section 2 of the Securities Contract (Regulation) Act, 1956 (Act
No. 42 of 1956).(2) For the purposes of Article 44, if any
duty is paid under Article 52, then the same shall be reduced
from the duty payable under this Article.
|
|
|
|
|
Exemption
|
|
|
|
|
Note or Memorandum
sent by a broker or agent to his principal intimating the
purchase or sale on account of such principal or a Government
security or a share, scrip, stock, bond, debenture,
debenture-stock or other marketable security of like nature in
or of an incorporated company or other body corporate, an entry
relating to which is required to be made in Clearance List,
described to Article 22.
|
|
|
|
45.
|
Note of Protest by the Master of a ShipSee
also protest by the Master of a Ship (No. 50), Order for the
Payment of MoneySee Bill of Exchange (No. 13 of Schedule of
the Indian Stamp Act, 1899)
|
|
Ten rupees
|
|
46.
|
Partition -Instrument of [as defined by
Section 2 (xvi) ]
|
|
Two per cent of the amount of the market value
of the separated share or shares of the property:Provided
that the duty payable shall be rounded off to the next multiple
of ten rupees
|
|
|
N.B. -The largest share remaining after
the property is partitioned (or, if there are two or more shares
of equal value and not smaller than any of the other shares)
then one of such equal shares shall be deemed to be that from
which the other shares are separated:Provided always
that-(a) when an instrument of partition containing an
agreement to divide property in severalty is executed and a
partition is effected in pursuance of such agreement, the duty
chargeable upon the instrument effecting such partition shall be
reduced by the amount of duty paid in respect of the first
instrument, but shall not be less than ten rupees;(b) where
land is held on Revenue Settlement, the value for the purposes
of this Article shall be deemed to be-(i) twenty times the
annual revenue, and(ii) ten times the net profit that has
arisen from the land during the year next before the date of
partition, where the land is wholly or partly exempt from
payment of revenue;(c) where a final order effecting a
partition passed by any revenue authority or any Civil Court, or
an award by an arbitrator directing 'a partition, is stamped
with the stamp required for an instrument of partition, and an
instrument of partition in pursuance of such order or award is
subsequently executed, the duty on such instrument shall not
exceed ten rupees.
|
|
|
|
47.
|
Partnership -A. Instrument of-
|
|
|
|
|
(a) where the capital of the partnership does not exceed Rs. 10,000;
|
|
One hundred rupees
|
|
|
(b) in any other case
|
|
The same duty as a Bond (No.14) for Rupees Ten thousandOne hundred rupees
|
|
|
B. Dissolution ofPawn or pledge. See Agreement Relating to deposit of title deeds, pawn or pledge (No. 6)Policy of insuranceSee Schedule of the(Indian Stamp Act, 1899)
|
|
|
|
48.
|
Power of Attorney as defined by Section 2 (xxii) ,not being a Proxy (No. 52 of the Indian Stamp Act, 1899) (Act No. 2 of 1899)When authorizing-
|
|
|
|
|
(a) grandfather father, grandmother, mother, husband, wife, son, grandson, daughter, real brother, real sister, without consideration to sell or otherwise transfer an immovable property,
|
|
One hundred rupees
|
|
|
(b) a person other than those mentioned in clause (a) without consideration to sell or otherwise transfer an immovable property-(i) given for a period not exceeding two years(ii) given for a period exceeding two years or for a period not mentioned in the instrument or for an indefinite period,
|
|
Five thousand rupeesThe same duty as a Conveyance [No. 24 clause (a) ] for the market value of the property, which is the subject of the instrument
|
|
|
(c) any person to sell or otherwise transfer an immovable property situated in Uttar Pradesh, when given for consideration
|
|
The same duty as a conveyance (No.24 clause (a) ] for the amount of consideration or market value of the property, whichever is higher
|
|
|
(d) a person other than those mentioned in clause (a) by a person residing in a country other than India for a period of six months or more at the time of execution of the power of attorney to sell or otherwise transfer immovable property-(i) without consideration,(ii) with consideration
|
|
One hundred rupeesThe same duty as a Conveyance [No. 24 clause (a) ] for the amount of consideration or market value of the property, whichever is higher
|
|
|
(e) when irrevocable authority is given to the attorney to sell immovable property
|
|
The same duty as a Conveyance [No. 24 clause (a) ] on market value of the property forming subject-matter of such attorney
|
|
|
(f) one person or more to act in a single transaction otherwise than to sell or transfer immovable property
|
|
Fifty rupees
|
|
|
(g) persons other than those mentioned in clause (a) to sell or transfer immovable property outside the State of Uttar Pradesh,(i) without consideration,(ii) with consideration
|
|
Five hundred rupeesOne per cent of the amount of consideration mentioned in the instrument, subject to a minimum of Rupees One thousand
|
|
|
(h) any other instrument of power of attorney for a purpose other than a sale or otherwise transfer immovable property or for a purpose not covered under clause (a) to (g) or when executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction, or for admitting execution of one or more such documents
|
|
One hundred rupees
|
|
|
N.B. -The term ‘registration’ includes every operation incidental to registration under the Registration Act, 1908 (16 of 1908)
|
|
|
|
|
Explanation
|
|
|
|
|
For the purposes of this Article, more persons than one when belonging to the same firm shall be deemed to be one personPromissory note-See No. 49 of Schedule of the Indian Stamp Act, 1899
|
|
|
|
49.
|
Protest of Bill or Note,that is to say, any declaration in writing made by a Notary Public, or other person lawfully acting as such, attesting the dishonor of a Bill of Exchange or Promissory Note
|
|
Ten rupees
|
|
50.
|
Protest by the Master of a Ship,that is to say, any declaration of the particulars of her voyage drawn up by him with a view to the adjustment of losses or the calculation of averages, and every declaration in writing made by him against the characters or the consignees for not loading or unloading the ship, when such declaration is attested or certified by a Notary Public or other person lawfully acting as suchSee also Note of Protest by the Master of a Ship (No. 45)Proxy. - See No. 52 of Schedule of the Indian Stamp Act, 1899Receipt -See No. 53 of Schedule of the Indian Stamp Act, 1899
|
|
Ten rupees
|
|
51.
|
Re-Conveyance of Mortgaged Property -
|
|
|
|
|
(a) If the consideration for which the property was mortgaged does not exceed Rs. 1000;
|
|
The same duty as a Conveyance [No. 24 clause (a) ] for the amount of such consideration as set forth in the Re-conveyance
|
|
|
(b) in any other case
|
|
The same duty as a Conveyance [No.24 clause (a) ] for Rupees One thousand
|
|
52.
|
Record of transaction (Electronic or otherwise)effected by a trading member through a stock exchange or the association referred to in Section 15,-
|
|
|
|
|
(a) if relating to sale or purchase of Government securities,
|
|
Fifty rupees for every Rupees One Crore or part thereof of the value of the security.
|
|
|
(b) If relating to purchase or sale of securities, other than those falling under the above sub-clause (a),-
|
|
|
|
|
(i) in case of delivery
|
|
One rupee for every Rupees Ten thousand or part thereof of the value of security,
|
|
|
(ii) in case of non-delivery
|
|
Twenty paise for every RupeesTen thousand or part thereof,
|
|
|
(iii) if relating to future and/or options trading
|
|
Twenty paise for every RupeesTen thousand or part thereof, of the value of security
|
|
|
(iv) if relating to forward contracts of commodities traded through an association or otherwise,
|
|
One rupee for every Rupees One lakh or part thereof of the value of security
|
|
|
Provided that the duty paid under Article 52 shall be adjusted with the duty paid under Article 5(b) Agreement or memorandum of an agreement, Article 22, Clearance List and Article 44 Note or Memorandum, as the case may be
|
|
|
|
|
Explanation
|
|
|
|
|
For the purposes of clause (b) , securities shall have the same meaning as defined in the Securities Contract (Regulation) Act, 1956 (Act No. 43 of 1956), the term "trading member" shall have the same meaning as defined in Regulation 2(GA) of Securities and Exchange Board of India (Stock Broker and Sub-broker) Regulations
|
|
|
|
53.
|
Release, that is to say,any instrument, not being such a release as is provided for by sub-section (2) of Section 29;
|
|
|
|
|
(1) whereby a person renounces a claim upon another person or against any specified property-(a) if the amount or value of the claim does not exceed Rupees Ten thousand(b) in any other case,
|
|
Same duty as a Bond (No. 14) for such amount as set forth in the release,Same duty as a Bond (No.14) for Rupees Ten thousand
|
|
54.
|
Respondentia Bond,that is to say, any instrument securing a loan on the cargo laden or to be laden on board a ship and making repayment contingent on the arrival of the cargo at the port of destinationRevocation of any Trust or Settlement, See Settlement (No. 56); Trust (No. 62)
|
|
The same duty as a Bond (No. 14) for the amount of the loan secured
|
|
55.
|
Security Bond not being a Mortgage Deed, Executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof or executed by a surety to secure the due performance of a contract or the due discharge of liability-(a) when the amount secured does not exceed Rs.1.00(b) in any other case
|
|
Ten rupeesOne hundred rupees
|
|
|
Exemptions
|
|
|
|
|
Bond or other instrument, when executed-(a) by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility, shall not be less than a specified sum per mensem;(b) executed by persons taking advances under the Land Improvement Loans Act, 1883 (Act No. 19 of 1883), or the Agriculturists Loans’ Act, 1884 (Act No. 12 of 1884), or by their sureties, as security for the repayment of such advances;(c) executed by officers of the Government or their sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof
|
|
|
|
56.
|
Settlement
|
|
|
|
|
A. Instrument of-(Including a deed of dower)
|
|
The same duty as a Bond (No. 14) for a sum equal to the amount or market value of the property settled:Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement, and an instrument of settlement in pursuance of such agreement is subsequently executed, the duty on such instrument shall not exceed ten rupees
|
|
|
Exemption
|
|
|
|
|
Deed of dower executed on the occasion of a marriage between Muhammadans
|
|
|
|
|
B. Revocation of-See also Trust (No. 62)
|
|
The same duty as a Band (No.14) for a sum equal to the amount or value of the property concerned as set forth in the Instrument of Revocation but not exceeding fifty rupees
|
|
57.
|
Share Warrants,to bearer issued under the Indian Companies Act, 1913 (Act No. 7 of 1913)
|
|
The same duty as a debenture transferable by delivery (No. 27 (5) of the Schedule of the Indian Stamp Act, 1889)] for a face amount equal to the nominal amount of the shares specified in the warrant
|
|
|
Exemptions
|
|
|
|
|
Share warrant when issued by a company in pursuance of the Indian Companies Act, 1913 (Act No.7of 1913), Section 43, to have effect only upon payment, as composition for that duty, to the Collector of Stamp-revenue, of-(a) one and a half per centum of the whole subscribed capital of the company, or,(b) if any company which has paid the said duty or composition in full, subsequently issues as addition to its subscribed capital-one and a half per centum of the additional capital so issuedScrip. See Certificate (No. 20)
|
|
|
|
58.
|
Shipping Orderfor or relating to the conveyance of goods on board of any vessel
|
|
Ten rupees
|
|
59.
|
Surrender of Lease -
|
|
The same duty as a Bond (No. 14) for a consideration of Rupees One thousand or the duty with which such lease is chargeable, whichever is less:Provided that the duty payable shall be rounded of to the next multiple of ten rupees.
|
|
|
Exemption
|
|
|
|
|
Surrender of lease, when such lease is exempted from duty
|
|
|
|
60.
|
Transfer (whether with or without consideration) -
|
|
|
|
|
(a) See No. 62 of Schedule of the Indian Stamp Act, 1899
|
|
|
|
|
(b) of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by Section 8;
|
|
|
|
|
When the value of the share or the face amount of the debenture does not exceed Rupees Five hundred,
|
|
Ten rupees
|
|
|
Where it exceeds Rupees Five hundred but does not exceed Rupees One thousand
|
|
Twenty rupees
|
|
|
And for every Rupees Five hundred or part thereof in excess of Rupees One thousand
|
|
Ten rupees
|
|
|
(c) of any interest secured by a bond, mortgage deed or policy of insurance-
|
|
|
|
|
(i) if the duty on such bond, mortgage deed or policy does not exceed one hundred rupees:
|
|
The duty with which such Bond, Mortgage Deed or Policy is chargeable:Provided that the duty payable shall be rounded off to the next multiple of ten rupees
|
|
|
(ii) in any other
case
|
|
One hundred rupees:Provided further that the duty payable shall be rounded off to the next multiple of ten rupees:Provided that, if by any instrument the interest secured by several bonds, mortgage deeds or policies of insurance is transferred, the duty payable in respect of such instrument shall be the aggregate of the duties which would have been payable if separate instruments of transfer were executed in respect of each such bond, mortgage deed or policy of insurance;
|
|
|
(d) of any property under the Administrator General’s Act, 1913 (Act No. 45 of 1913), Section 25;
|
|
One hundred rupees
|
|
|
(e) of any trust property without consideration from one trustee to another trustee or from a trustee to a beneficiary
|
|
Seventy rupees
|
|
|
Exemptions
|
|
|
|
|
Transfers by endorsement-
|
|
|
|
|
(a) of a bill of exchange, cheque or promissory note;(b) of a bill of lading, delivery order, warrant for goods, or other mercantile document of title to goods;(c) of a policy of insurance;(d) of securities of the Central Government or the State Government See also Section 8
|
|
|
|
61.
|
Transfer of Leaseby way of assignment and not by way of under-lease
|
|
|
|
|
(a) Where the transfer for lease purports to be for a term not exceeding thirty years.
|
|
The same duty as a Conveyance [No. 24 clause (a) ] for a consideration equal to the amount of the consideration for the transfer
|
|
|
(b) where the transfer of lease purports to be for a term exceeding thirty years or in perpetuity or does not purport to be for any definite term,
|
|
The same duty as a Conveyance consideration equal to the amount of the consideration for the transfer or market value of the property, whichever is greater
|
|
|
Exemption
|
|
|
|
|
Transfer of any lease exempt from dutyExplanationThe renewal period, if specifically mentioned in the lease, shall be treated as part of the term of the present lease
|
|
|
|
62.
|
Trust
|
|
|
|
|
A. Declaration of-Of, or concerning any property when made by any writing not being a Will-
|
|
|
|
|
(a) where the amount or value does not exceed Rupees Ten thousand,
|
|
The same duty as on a Bond (No.14)
|
|
|
(b) where such amount exceeds Rupees Ten thousand, for every additional Rupees One thousand or part thereof
|
|
On ten thousand rupees, the duty payable under clause (a) and on the remainder, ten rupees for every additional one thousand rupees or part thereof
|
|
|
B. Revocation of-Or, concerning any property when made by any instrument other than a Will
|
|
The same duty as a Bond (No. 14) for a sum equal to the amount or value of the property concerned, but not exceeding the duty payable on a Bond (No. 14) for Rupees Two thousand
|
|
|
See also Settlement (No. 56)Valuation. See Appraisement (No. 8) Vakil, See Entry as a Vakil (No. 17)
|
|
|
|
63.
|
Warrant for goods,that is to say, any instrument evidencing the title of any person therein named, or his assigns or the holder thereof, to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by, or on behalf of the person in whose custody such goods maybe
|
|
Ten rupees
|
|
64.
|
Work Contract,executed for the execution of an agreement having a stipulation of security to secure the due performance of a contract or due discharge of a liability
|
|
Rupees five for every Rupees One thousand or part thereof, of the sum equal to the amount or value secured by such deed, subject to a minimum of Rupees One hundred and subject to a maximum of Rupees Ten lakh
|
|
65ba5798ab84c7eca86eb02c | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Drugs and Other Stores (Unlawful Possession) Act, 1986
-------------------------------------------------------------------
TAMILNADU
India
Tamil Nadu Drugs and Other Stores (Unlawful Possession) Act, 1986
===================================================================
Act 6 of 1988
---------------
* Published on 26 October 1988
* Commenced on 26 October 1988
Tamil Nadu Drugs and Other Stores (Unlawful Possession) Act, 1986
(Tamil Nadu Act
No. 6 of 1988
)
Statement of Objects and Reasons. - Cases of frequent pilferage of drugs and other stores from the Government Medical Institutions in Tamil Nadu have come to the notice of the Government and it has been considered necessary by the Government that such occurrences should be prevented by enacting suitable legislation making the possession of such drugs and other stores as unlawful. It is also proposed to award deterrent punishment for the offenders under this special enactment.
Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th May 1984.
Received the assent of the President on the 17 th October 1988 and published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 26th October 1988.
An Act to provide for the punishment of the offence of unlawful possession of drugs and other stores belonging to the Government of Tamil Nadu.
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-seventh Year of the Republic of India as follows:-
### 1. Short title, extent and commencement.
(1) This Act may be called the Tamil Nadu Drugs and Other Stores (Unlawful Possession) Act, 1986.
(2) It extends to the whole of the State of Tamil Nadu.
(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) "drug" includes-
(i) all medicines for internal or external use of human beings or animals and all substances intended to be used for, or in the diagnosis, treatment, mitigation or prevention of, disease in human beings or animals; and
(ii) such substances (other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of vermin or insects which cause disease in human beings or animals as may be specified from time to time, by the Government, by notification, and such substances which have been specified by the Central Government, from time to time under sub-clause (ii) of clause (b) of section 3 of the Drugs and Cosmetics Act, 1940 (Central Act XXIII of 1940),
and belonging to, or in the charge or possession of, a department of the Government and having such seal or mark as may be notified by the Government in this behalf indicating that they belong to a department of the Government;
(2) "Government" means the State Government;
(3) "Inspector" means an Inspector appointed under section 21 of the Drugs and Cosmetics Act, 1940 (Central Act XXIII of 1940), by the Government and includes any officer of the Police Department not below the rank of Sub-Inspector and any other officer of the Government specified by Government, by notification, in this behalf;
(4) "other stores" includes articles of linen, instruments, appliances or such other articles as may be specified by the Government in this behalf belonging to, or in the charge or possession of, a department of the Government and having such seal or mark as maybe notified by the Government in this behalf indicating that they belong to a department of the Government.
### 3. Unlawful possession of drugs or other stores.
(1) If any person is found, or is proved to have been, in possession of any drugs or other stores belonging to, or in the charge or possession of, a department of the Government and having such seal or mark as notified under clauses (1) and (4) of section 2, which are reasonably suspected of being stolen or unlawfully obtained, and if he cannot account satisfactorily how he came to possess the same, he shall be punished for a first offence with imprisonment for a term which may extend to three years and with fine which may extend to three thousand rupees but such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees.
(2) In the case of a second or subsequent offence, any such person shall be punished with imprisonment for a term which may extend to seven years and with fine which may extend to five thousand rupees, but such imprisonment shall not be less than two years and such fine shall not be less than two thousand rupees.
### 4. Powers of Inspector.
(1) An Inspector may, within the local limits of the area for which he is appointed,-
(a) enter and search at all reasonable times, with such assistants, if any, as he considers necessary any place in which he has reason to believe that an offence under this Act has been or is being committed, seize the stock of such drugs and other stores in respect of which he has reason to believe that an offence under this Act has been or is being committed; and
(b) examine any record, register, document or any other material object found in any place mentioned in clause (a) and seize the same if he 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 (Central Act 2 of 1974) shall, so far as may be, apply to any search or seizure under this Act as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code.
(3) Where an Inspector seizes the stocks of the drug or other stores under clause (a) of sub-section (1), he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof.
(4) Where an Inspector seizes any record, register, document or any other material object under clause (b) of sub-section (1), he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof.
(5) If any person willfully obstructs an Inspector in the exercise of the powers conferred upon him by or under this Act, he shall be punished with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or. with both.
### 5. Indemnity.
- No suit or other legal proceeding shall lie against the Government or any officer of the Government in respect of any thing which is in good faith done or intended to be done by or under this Act.
### 6. Things liable to confiscation.
- In any case in which an offence has been committed against this Act, the drug or other stores in respect of which the offence has been committed, shall be confiscated to the Government.
### 7. Confiscation how ordered.
(1) When the offender is convicted or when the person charged with an offence against this Act is acquitted, but the Court decides that anything is liable to confiscation, such confiscation may be ordered by the Court.
(2) Where during the trial of a case for an offence against this Act, the Court decides that anything is liable to confiscation, the Court shall order the confiscation.
### 8. Disposal of drugs and other stores.
- When any drug or other stores has been confiscated under this Act, such drug or other stores shall be taken possession of by such officer of the Medical Services Department as may be prescribed.
### 9. Certain persons to be public servants.
- The Inspector and every officer empowered by the Government, while exercising any power or performing any duty under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).
### 10. Power to make rules.
- The Government may make rules for the purpose of carrying into effect the provisions of this Act.
### 11. Rules and notifications to be placed before the Legislature.
(1) (a)
All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(b) All notifications issued under this Act, shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.
(2) Every rule made or notification issued under this Act shall, as soon as possible, after it is made or issued, be placed on the table of [the Legislative Assembly]
[Substituted for the word 'both Houses of the Legislature' by the Tamil Nadu Adaptation of Laws Order, 1987.]
and if, before the expiry of the session in which it is so placed, or the next session, [the Legislative Assembly agrees]
[Substituted for the word 'Both Houses agree' by thw Tamil Nadu Adaptation of Laws Order, 1987.]
in making any modification in any such rule or notification or [the Legislative Assembly agrees]
[Substituted for the word 'Both Houses agree' by thw Tamil Nadu Adaptation of Laws Order, 1987.]
that the rule or notification should not be made or issued, the rule or notification shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.
|
65b9d38bab84c7eca86ea185 | acts |
State of Madhya Pradesh - Act
-------------------------------
M.P. Motor Spirit Upkar Adhiniyam, 2018
-----------------------------------------
MADHYA PRADESH
India
M.P. Motor Spirit Upkar Adhiniyam, 2018
=========================================
Act 11 of 2018
----------------
* Published on 5 April 2018
* Commenced on 5 April 2018
M.P. Motor Spirit Upkar Adhiniyam, 2018
(M.P. Act
No. 11 of 2018
)
[Received the assent of the Governor on the 3.4.2018; assent first published in the "Madhya Pradesh Gazette (Extraordinary) ", dated the 5th April, 2018.]
An Act to levy cess on sale of motor spirit (commonly known as petrol) in the State of Madhya Pradesh for the purpose of providing fund for development of urban transport infrastructure in the State of Madhya Pradesh or for repaying the loan taken therefor.
Be it enacted by the Madhya Pradesh Legislature in the sixty-ninth year of the Republic of India, as follows :-
### 1. Short title, extent and commencement.
(1) This Act may be called the Madhya Pradesh Motor Spirit Upkar Adhiniyam, 2018.
(2) It extends to the whole of the State of Madhya Pradesh.
(3) It shall come into force on the date of its publication in the Madhya Pradesh Gazette.
### 2. Definitions.
(1) In this Act, unless the context otherwise requires, -
(a) "cess" means the cess payable on the taxable turnover of motor spirit levied under section 3;
(b) "dealer" means any person who carries on the business of buying, selling, supplying or distributing motor spirit;
(c) "registered dealer" means a dealer registered under this Act;
(d) "rules" means rules made under this Act;
(e) "tax" means tax and additional tax payable under the VAT Act;
(f) "taxable turnover" in relation to a dealer means that part of dealers turnover which remains after deducting therefrom the sale price of motor spirit at the hands of the registered dealer from whom it has been purchased, subject to the condition that the selling registered dealer has paid cess on such sale price;
(g) "turnover" means aggregate of the amount of sale prices received and receivable by a dealer in respect of any sale or supply or distribution of motor spirit including the amount of tax as defined in clause (e);
(h) "VAT Act" means the Madhya Pradesh VAT Act, 2002 (No. 20 of 2002).
(2) Words and expressions used herein and not defined but defined in the VAT Act, shall have the meanings respectively assigned to them in that Act.
### 3. Levy and collection of cess.
(1) For the purpose of providing fund for the development of urban transport infrastructure in the State of Madhya Pradesh, there shall be levied and collected a cess on the taxable turnover of motor spirit of a dealer, within the State.
(2) The cess under sub-section (1) shall be levied for such period as notified by the State Government at the rate of one percent of the taxable turnover of such motor spirit, in such manner as may be prescribed.
(3) The cess levied under sub-section (1) shall be payable by the dealer;
### 4. Local Authorities Fund.
(1) The proceeds of the cess and interest (other than fines) recovered under this Act shall first be credited to the Consolidated Fund of the State and after deduction of the expenses of collection and recovery therefrom shall, under appropriation duly made by law in this behalf, be entered in, and transferred to, separate fund called the Madhya Pradesh Urban Transport Infrastructure Development Fund.
(2) The amount transferred to the Madhya Pradesh Urban Transport Infrastructure Development Fund shall be expensed for the development of urban transport infrastructure within the State or for repaying the loan taken therefor.
### 5. Incidence of cess.
- Every dealer liable to pay tax on motor spirit under VAT Act shall be liable to pay cess on his taxable turnover of motor spirit under this Act.
### 6. Payment of cess.
- The cess levied under section 3 shall be payable by the dealer in such manner as may be prescribed.
### 7. Registration.
- Every dealer registered under the VAT Act dealing in motor spirit shall be deemed registered dealer under this Act.
### 8. Refund in certain circumstances.
- Where cess under section 3 is levied and collected on the taxable turnover of motor spirit and such motor spirit is subsequently sold by a dealer in the course of inter-State trade or commerce or exported out of the territory of India, the dealer shall, upon an application made in this behalf and subject to such conditions as may be prescribed, be entitled to refund of cess in respect of such sale by him of the motor spirit.
### 9. Liability of firms.
- Where a business is owned, managed or run by a firm, the firm and each of the partners of the firm shall jointly and severally be liable to pay cess under this Act:
Provided that where any partner retires from the firm he shall be liable to pay the cess, penalty, interest or any other amount payable under this Act remaining unpaid at the time of his retirement, and any cess due up to the date of his retirement even if assessment of cess, or levy of penalty or interest is made at a later date.
### 10. Cess Authorities.
- For carrying out the purposes of this Act, the officer and authorities appointed under VAT Act shall be deemed to be the officers appointed under the provisions of this Act. ^
### 11. Delegation of powers.
- Subject to the general or special orders of the State Government, the Commissioner may delegate any of the powers conferred upon him by or under this Act to any person appointed to assist him under section 10.
### 12. Powers to transfer proceedings.
- The Commissioner may, after due notice to the dealer, by order in writing, transfer any proceedings or class of proceedings under any provisions of this Act or the rules made thereunder, from himself to any other officer and he may likewise transfer any such proceedings (including proceeding already transferred under this section) from one such officer to another officer or to himself.
### 13. Certain provisions of VAT Act to apply.
- Subject to the provisions of this Act and the rules made thereunder, the provisions of the VAT Act and the rules made, orders and notifications issued thereunder, including the provisions relating to registration, determination of liability to pay tax, returns, assessment, self-assessment, reassessment, payment and recovery of tax, accounts, detection and prevention of tax evasion, refund, appeal, revision, rectification, offences and penalties and other miscellaneous matter, shall mutatis mutandis apply to a dealer in respect of cess, interest or penalty levied and payable under this Act as if these provisions were mutatis mutandis incorporated in this Act, and it shall be deemed that the rules made and orders and notifications issued under those provisions were mutatis mutandis made or issued under the relevant provisions as so incorporated in this Act.
### 14. Certain sales not liable to cess.
(1) Nothing in this Act or the rules made thereunder, shall be deemed to impose or authorize the imposition of a cess on any turnover of motor spirit where such sales take place.
(a) outside the State of Madhya Pradesh, or
(b) in the course of the import of such motor spirit into the territory of India or the export of the goods out of such territory, or
(c) in the course of inter-State trade or commerce, or
(d) where such sale is made to unit located in a Special Economic Zone notified by the Central Government under the provisions of the Special Economic Zones Act, 2005 (No. 28 of 2005).
(2) For the purpose of this section, where a sale takes place -
(a) outside the State of Madhya Pradesh, or
(b) in the course of import of the goods into the territory of India or the export of the goods out of such territory, or
(c) in the course of inter-State trade or commerce, it shall be determined in accordance with the principles specified in sections 3, 4 and 5 of the Central Sales Tax Act, 1956 (No. 74 of 1956).
### 15. 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, the State Government may make rules prescribing. -
(a) the form and the manner in which the returns shall be filed;
(b) the form and the manner in which and the period before which cess shall be paid;
(c) the form in which the order of assessment shall be passed;
(d) the form in which notice of demand shall be issued.
(3) All rules made under this section shall be laid on the table of the Legislative Assembly.
### 16. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the State Government may. by general or special order published in the Official Gazette, make such provisions not inconsistent with the provisions of the Act, as appear to be necessary or expedient for removal of the difficulty.
### 17. Repeal and saving.
(1) The Madhya Pradesh Motor Spirit Upkar Adhyadesh, 2018 (No. 2 of 2018) is hereby repealed.
(2) Notwithstanding the repeal of the said Ordinance, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provision of this Act.
|
65b9b1c7ab84c7eca86e9a34 | acts |
State of Rajasthan - Act
--------------------------
The Rajasthan Municipalities (Validation of Constitution of Vidya Vihar Municipality and Amendment) Act, 1984
---------------------------------------------------------------------------------------------------------------
RAJASTHAN
India
The Rajasthan Municipalities (Validation of Constitution of Vidya Vihar Municipality and Amendment) Act, 1984
===============================================================================================================
Act 15 of 1984
----------------
* Published on 1 January 1984
* Commenced on 1 January 1984
The Rajasthan Municipalities (Validation of Constitution of Vidya Vihar Municipality and Amendment) Act, 1984
Act
No. 15 of 1984
[Received the assent of the Governor on the 9th day of November, 1984]
An Act further to amend the Rajasthan Municipalities Act, 1959 and also to validate the constitution and delimitation of the Vidya Vihar Municipality, Pilani and establishment and Composition of Vidya Vihar Municipal Board and its actions.
Be it enacted by the Rajasthan State Legislature in the Thirty Fifth Year of the Republic of India as follows:-
### 1. Short title and commencement.
(1) This Act may be called the Rajasthan Municipalities (Validation of Constitution of Vidya Vihar Municipality and Amendment) Act, 1984.
(2) It shall be deemed to have come into force on the 25th day of August, 1984.
### 2. Amendment of section 10, Rajasthan Act 38 of 1959.
- In subsection (1) of section 10 of the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959), hereinafter referred to as the principal Act, between the words "not being a city which is" and the words "a hill station or", the words "an educational centre or" shall and shall be deemed always to have been Inserted and the word "similar" occurring between the words "or for other" and "exceptional reasons" shall be and shall be deemed always to have been deleted.
### 3. Validation of constitution and delimitation of Vidya Vihar Municipality, Pilani and of establishment and composition of Vidya Vihar Municipal Board, Pilani and its actions.
(1) Notwithstanding-
(i) anything contained in any provision of the Rajasthan Town Municipalities Act, 1951 (Act No. 23 of 1951), hereinafter referred to as the said Act, or
(ii) the constitution, delimitation, establishment and composition, nomination of members and Chairman, rules or bye-laws made, proceedings started, appointments made, sanctions given, actions taken, taxes levied and recovered, fines and penalties imposed or realised by or for and on behalf of such board, its members or the Chairman, or
(iii) anything contained in any judgment, decree or order of any Court or Tribunal,
it is hereby declared that the constitution and delimitation of Vidya Vihar Municipality, Pilani as promulgated under section 7 and notified under section 5 of the said Act and the establishment and composition, nomination of members and Chairman from time to time under the principal Act for its being an exception by way of being an educational centre shall be and shall be deemed always to have been valid and the said municipality and the said board shall exist and shall be deemed to be always validly existed as if the principal Act, as amended by this Act. had been in force at all material times.
(2) Accordingly-
(a) all functions performed, powers exercised or duties discharged by the said Board, member or Chairman thereof shall be and shall be deemed always to have been validly performed, exercised or discharged; and
(b) all taxes levied and recovered, fines and penalties imposed and realised, rides or bye-laws made, proceedings started, appointments made, sanctions given, action taken and liabilities incurred by or in respect of or for or on behalf of the said Board, members or Chairman, as the case may be shall be and shall be deemed always to have been validly levied, recovered, imposed, realised, made, stated, given or taken.
### 4. Court not to question validity of certain acts and proceedings on the ground of defect in the constitution of Vidya Vihar Municipality, Pilani and composition of its Board.
- No court shall question any action taken, things, done, appointments and transfers made, powers exercised or purported to be exercised and taxes levied and recovered by Vidya Vihar Municipality, Pilani and its members or any Chairman or officer or any competent authority in exercise of its statutory powers on the ground that the constitution of Vidya Vihar Municipality, Pilani or composition of its Board or nomination of members or Chairman thereof, was in any way defective and accordingly-
(a) no suit or other proceeding shall be maintained and continued in any court for refund of any tax levied and collected by Vidya Vihar Municipality, Pilani in exercise of the statutory powers under the principal Act or any other law for the time being in force,
(b) any tax levied but not collected before the commencement of this Act may be recovered by the said municipality in accordance with laws if the said municipality and its Board was duly constituted and composed; and
(c) all suits, appeals and other proceedings pending on the date of commencement of this Act, in any court for any relief on the ground that the constitution of Vidya Vihar Municipality, Pilani and its Board was in any way defective, shall, upon the coming into force of this Act be dismissed.
### 5. Repeal.
- The Rajasthan Municipalities (Validation of Constitution of Vidya Vihar Municipality and Amendment) Ordinance, 1984 (Ordinance No. 10 of 1984) is hereby repealed.
### 6. Savings.
(1) Notwithstanding the repeal of the Rajasthan Municipalities (Validation of Constitution of Vidya Vihar Municipality and Amendment) Ordinance, 1984 (Ordinance No. 10 of 1984) all things done or actions taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.
(2) For the removal of doubts, it is hereby declared that nothing contained in this Act, shall-
(a) render any person liable for an offence constituted by any act or omission which, but for the provisions of this Act, would be an offence under the principal Act or any law for the time being in force; and
(b) entitle any person to claim refund of any tax, fee,duty, penalty or any charges lawfully levied and collected by Vidya Vihar Municipality, Pilani.
|
65b9bc9fab84c7eca86e9d00 | acts |
State of Rajasthan - Act
--------------------------
The Rajasthan P.W.D. Contractor's Labour Regulations, 1966
------------------------------------------------------------
RAJASTHAN
India
The Rajasthan P.W.D. Contractor's Labour Regulations, 1966
============================================================
Rule THE-RAJASTHAN-P-W-D-CONTRACTOR-S-LABOUR-REGULATIONS-1966 of 1966
-----------------------------------------------------------------------
* Published on 7 June 1966
* Commenced on 7 June 1966
The Rajasthan P.W.D. Contractor's Labour Regulations, 1966
Published vide order No. F. 2(7) FD/Exp-111 /64, dated 7th June, 1966
Irrigation Department Jaipur
Copy of order No. F. 2(7) FD/Exp-111 /64, dated Jaipur the 7th June, 1966 from the Financial Commissioner and Secretary to Government copy to the Chief Engineer irrigation, Rajasthan Jaipur and others.
Order
Sub. - The Rajasthan Public Works Department Contractor's Labour Regulations.
In exercise of powers under sub-clause (c) of Clause 38 of Appendix XI of the public works Financial & Accounts (Second Edition) the Governor is pleased to make the following Regulation and he is further pleased to order that these Regulations shall be added as an annexure to the said Appendix XI:-
### 1. Short title.
- These regulations may be called "The Rajasthan Public works Department Contractor's Labour Regulation", 1966.
### 2. Definitions.
- In these regulation unless otherwise expressed or indicated the following words and expressions shall have the meaning here by assigned to them respectively that is to say-
(a) 'Labour' means workers employed by a Rajasthan P.W.D. contractor direct indirectly through a sub-contractor other or person by an agent on his behalf.
(b) 'Fair wage' means minimum wages for time or piece works fixed or revised by the State Government under the Minimum wages Act, 1948.
(c) 'Contractor' shall include every person whether a Sub-contractor or Head man or Agent employing labour on the work taken on contract.
(d) 'Wages' shall have the same meaning as defined in the payment of wages Act and includes time and piece rate wages.
### 3. Display of notice Regarding Wages.
- The contractor shall (a) Before he commences his work on contract display and correctly maintain and continue to display and in conspicuous places on the work notices in English and correctly maintain in Hindi by the majority or the workers giving the rate of wages which have been certified by the executive Engineer, the Superintending Engineer, The Chief Engineer or Labour Commissioner, as fair wages and the hours of works for which such wages are earned and (b) send a copy of such notices to the Certifying Officers.
### 4. Payment of Wages.
(a) Wages due to every worker shall be paid to him direct.
(b) All wages shall be paid current coin or currency or in both.
### 5. Fixation of Wage Period.
(a) The contractors shall fix the wage periods in respect of which few wages shall be payable.
(b) No wage period shall exceed one month.
(c) Wages of every workman employed on the contract shall be paid before the expiry of ten days after the last day of the wage period in respect of which the wages are payable.
(d) When 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 succeeding the one of which his employment is terminated.
(e) All payments of the wages shall be made on a working day except when the work is completed before day of expiry of the wages period in which case final payment shall be made within 48 hours of the last working day.
Note.- The term working day means a day on which the labour is in progress.
### 6. Wages book and Wage slips etc.
- (i) The Contractor shall maintain a v/age book of each worker in such form as may be convenient but the same shall include the following particulars:-
(a) Rate of daily or monthly wages.
(b) Nature of work on which employed.
(c) Total number of days worked during each wage period.
(d) Total amount payable for the work during each wage period.
(e) All deductions made from the wage with an indication in each case of ground for which the deduction is made.
(f) Wages actually paid for each wage period.
(ii) The contractor shall also maintain wage slip for each worker employed on the work.
(iii) The Executive Engineer may grant an exemption from the maintenance of the wage books and wage slip to a contractor who in its opinion may not directly or indirectly employ more than 50 persons on the work.
### 7. Fines and Deductions which may be made from wages.
(1) The wages of worker shall be paid to without any deduction of any kind except those authorised namely the following:-
(a) Fines.
(b) Deductions for absence from duty i.e. from the place where by the terms of his employment he is required to work. The amount of deduction shall be in proportion to the period for which he was absent.
(c) Deductions for damages to or loss of goods expressly entrusted to the employed person for custody or for loss or any other deductions of money which he is required to account for where such damage losses are directly attributably to his neglect or default.
(1-A) The Rajasthan Government may from time to time allow deduction other than those specified in clause 1 above.
(2) No fines shall be imposed on working and on deductions for damage or loss shall be made until worker has been given an opportunity of showing cause against each fine or deduction.
(3) The total amount of fines which may be imposed in any one wage period on a worker shall not exceed an amount equal to three paise in a rupee of the wage payable to him in respect of that wage period.
(4) No fine imposed on any workers shall be recovered from him by installments or after the expiry of 60 days from the date on which it was imposed.
### 8. Register of Fines etc.
- The Contractor shall maintain a register of fines and deductions for damage or loss. Such register shall mention the reason for which fine was imposed or deductions for damage loss was made.
The Contractor shall maintain both English and local Indian Languages list approved by the Labour Commissioner clearly stating the acts and commission for which penalty of fine may be imposed on a workman and display it in a good condition in a conspicuous place on the work.
### 9. Preservation of Register.
- The wage register, the wage card and the register of fines deduction required to be maintained under these regulations shall be preserved for 11 months after the date to the last entry made in them.
### 10. Powers of Labour Welfare Officers to make investigation and Enquiry.
- The Labour Welfare Officer or any other person authorised by the State Government on their behalf shall have power to make inquiries with a view to ascertaining and enforcing due and proper observations of the fair wage clause and provisions of the regulation. He shall investigate into any complaint regarding default made by the contractor or sub- contractor in regard to such provisions.
### 11. Report of Labour welfare officer.
- The Labour welfare officer or other authorised shall submit a report of the result of his investigation of enquiry to the Executive Engineer concerned indicating the event if any to which the default has been committed with a note that necessary deductions from the contractors bill be made and the wage and other dues be paid to the labour concerned. In case an appeal is made by contractor under Clause 12 of these regulations will be made by the Executive Engineer after the labour commissioner has given decision on appeal.
### 12. Appeal against decision of L.W.O.
- Any person aggrieved by the decision and recommendation of the Labour welfare officer or other persons so authorised may appeal against such decision to the Labour Commissioner within 30 days from the date of decision forwarding simultaneously a copy of his appeal to Executive Engineer concerned but subject to such appeal the decision of the officer shall be final and binding upon the contractor.
### 12A. Legal practitioners restricted.
- No party shall be allowed to be represented by a lawyer during any investigation, enquiry, appeal or any other proceedings.
### 13. Inspection of wage books & slips.
- The Contractor shall allow inspection of the wage book and wage slip and register of fines and deduction to any of his agent at a convenient time and place after due notice is received or to the Labour welfare officer or any other person authorised by the State Government on his behalf.
### 14. Submission of Returns.
- The Contractor shall submit periodical returns as may be specified from time to time.
### 15. Amendments.
- The State Government may, from time to time add to or amend these regulations and on any question as to the application interpretation or effect of those regulations the decision of the Labour Commissioner to the Government of Rajasthan or any other person authorised by the State Government in that behalf shall be final.
of Fair Wage to be Given by The Executive Engineer
----------------------------------------------------
List of Acts and Omission for Which Fine Can be Imposed:-
### 1. Willful insubordination or disobedience whether alone or in combination with another. ###
2. The fraud or dishonesty in connection with contractor's business or property of the Rajasthan PWD.
### 3. Taking or giving bribes or any illegal gratification. ###
4. Habitual late attendance.
### 5. Drunkenness, fighting, riotour or disorderly or indecent behaviour. ###
6. Habitual negligence.
### 7. Smoking near or around the where combustible or other materials are stocked. ###
8. Habitual indiscipline.
### 9. Causing damage to work in progress or to property of the Rajasthan PWD or the contractor. ###
10. Sleeping on duty.
### 11. Malingering or slowing down work. ###
12. Giving of false information regarding name, age, father's name.
### 13. Habitual loss of wage cards supplied by the employers. ###
14. Unauthorised use employer's property or manufacturing or making of unauthorised articles at the work places.
### 15. Bad workmanship in construction and maintenance by skilled workers which is not approved by the department and for which contractors are compelled to undertake rectification. ###
16.
Marking false some plans and, or misleading statement.
### 17. Engaging in trade within the premises of the employers.
### 18. Any delinquency of business affairs of the employers.
### 19. Collection or canvassing for the collection of any money within the premises of an establishment unless authorised by the employer.
### 20. Holding meeting inside the premises without previous sanction of the employer.
### 21. Threatening or intimidating any workman or employee during the working hours within the premises.
C.P.W.D. Safety Code
Safety Code
(i) Suitable scaffolds should be provided for workman for all works that cannot be safely be done from the grounds, or from solid construction except such short period work as can be done safely from ladders. When a ladder is used an extra Mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying materials as well, suitable footholds and handholds shall be provided on the ladder and the ladder shall be given an inclination not steeper than ¼ to (¼ horizontal and 1 vertical).
(ii) Scaffolding or staging more than 12 fit. above the ground or floor, swung or suspended from an overhead support or erected with stationary support shall have a guard rails properly attached, bolted, braced and otherwise secured at least 3 feet high above the floor platform of such scaffolding to staging and extending along the. entire length of the outside the ends thereof with only such opening as may be necessary for the delivery of the materials. Such scaffolding or staging shall be fastened as to prevent it from swaying from the building or structure.
(iii) Working Platform, Gangways and Stairways should be so constructed that they should not sag unduly or unequally, and if the height of the platform of the Gangway or the Stairway is more than 12 feet above ground level and for floor level, they should be closely boarded, should have adequate width and should be suitably fenced, as described in (ii) above.
(iv) Every opening in the floor of a building or in a working platform be provided with suitable means to prevent the fall of persons or materials by providing suitable fencing or railing whose minimum height shall be 3'-0'.
(v) Sale means of access shall be provided to all working platform and other working places. Every ladder shall be securely fixed. No portable signal ladder shall be over 30 feet in length, while the width between side rails in rung ladder shall in no case be less than 11½ for ladder upto and including 10 ft. in length. For longer ladders this width should be increased at ¼" for each additional foot of length, uniform step spacing shall not exceed". Adequate precautions shall be taken to prevent danger from electrical equipment. No material on any of the sites of work shall be so stacked or placed as to cause danger or inconvenience to any person or the public. The contractor shall also provide all necessary fencing and lights to protect the public from accident and shall be bound to bear the expenses of defence of every suit, action on other precautions at law that may be brought by any persons for injury sustained owing to neglect of the above precautions and to pay any damages and costs which may be awarded in any such suit, action on proceeding to any such person or which may with consent of the be paid to compromise any claims by any such person.
(vi) Excavation and Trenching
All trenches, four feet or more in depth, shall at all times be supplied with at least one ladder for each 100 feet in length or fraction thereof. Ladder shall be extended from bottom of the trench to at least 3' above the surface of the ground. The sides of the trenches which are 5' or more in depth shall be stopped back so give suitable slope or securely held by timber bracing so as to avoid the danger of sides to collapse. The excavated materials shall not be placed within 5 feet of the edge of the trench of half of the trench, whichever is more.
Cutting shall be done from top to bottom. Under no circumstances undermining or undercutting shall be done.
(vii) Demolition
Before any demolition word is commenced and also during the process of the work:-
(a) All roads and open areas adjacent to the work site shall either be closed or suitably protected.
(b) No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus used by the operator shall remain electrically charged.
(c) All practical steps shall be taken to prevent under danger to persons employed from risk of fire or explosion or flooring No floor, roof, or other part of the building, shall be so overloaded with debris or materials as to render it unsafe.
(viii) All necessary personal safety equipments considered adequate by the Engineer-in-charge should be kept available for the use of persons employed on the site and maintained in a condition suitable for immediate use and the contractor should take adequate steps to ensure proper use of equipment by those concerned.
(a) Workers employed on mixing Asphaltic materials Cement and lime mortars shall be provided with protective footwear and protective goggles.
(b) Those engaged in white washing, and mixing or stacking of Cement bags or any materials which is injurious to the eye shall be provided with protective goggles.
(c) Those engaged in welding works shall be provided with Welder's protective eye-shields.
(d) Stone breakers shall be provided with protective goggles and protective clothing's and seated at sufficiently safe intervals.
(e) When workers are employed in sewers and manholes, which are in use the contractor shall ensure that the Manhole covers opened and are ventilated at least for an hour before the workers are allowed to get into the Manholes and the Manholes so opened shall be cordoned of with suitable railing and provided with warning signals or boards to prevent accident to the public.
(f) The contractor shall not employ men below the age of 18 and women on the work of painting with products containing leads in any form. Whenever men above the age of 18 are employed on the work of lead painting, the following precaution should be taken.
### 1. No paint containing lead or lead products shall be used except in the form of paste or ready made paint. ###
2. Suitable face marks should be supplied for use by the workers when paint is applied in the form of spray or surface having lead paint dry rubbed and scraped.
### 3. Overalls shall be supplied by the contractor to the workmen and adequate facilities shall be provided to enable the working painters to wash during and cessation of work. (xi) When the work is done near any place where there is risk of drawing all necessary equipment should be provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and adequate provision should be made for prompt first Aid treatment of all injuries likely to be sustained during the course of work.
(x) Use of Hoisting Machines and tackle including their attachment anchorage and supports shall confirm to use the following standard or conditions.
### 1. (a) These shall be good mechanical construction sound material and adequate strength and free from patent defect and shall be kept in-good working order. (b)
Every rope used in hoisting or lowering materials or as a means of suspensions shall be of durable quality and adequate strength and from patent defects.
### 2. Every crane driver of hoisting appliances operator shall be properly qualified and no person under an age of 21 years should be incharge of any hoisting machine including any scaffold wind or give signals to the operator. ###
3. In case of every hoisting machine and or every chain ring hook truckle swivel and pully block used in hoisting or lowering or as means of suspensions the safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with the safe working load. In case of a hoisting machine having a variable safe working load each safe working load of the conditions under which it is applicable shall be clearly indicated. No part of any machine or of any gear referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose of testing.
### 4. In case of departmental machines, the safe working load shall be notified by the Electrical Engineer-in-charge. As regards contractors machines the contractor shall notify the safe working load of the machine to the Engineer-in-charge whenever he brings any machinery to site of work and get it verified by the Electrical Engineer concerned. (xi) Motors, Gearing Transmission, electric Wiring and other dangerous parts of holding appliance should be provided with efficient safeguards, hosting appliances should be provided with such means as will reduce to the minimum the risk of accidental decent of the load adequate precautions should be taken to minimum the risk of any part of a suspended load becoming accidentally displayed. When workers employed in insulating mats, wearing apparel such as Gloves, Sleeves and boots as may be necessary should be provided. The workers should not wear any rings watches and every keys or others materials which are good conductor of electricity.
(xii) all scaffolds ladders and other safety devices mentioned or described herein shall be maintained in safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities shall be provided at or near places of works.
(xiii) These safety provisions should be brought to the notice of all concerned by display on a Notice Board at a prominent place at the work spot the persons responsible for compliances of the Safety Code shall be named therein by the contractor.
(xiv) To ensure effective enforcement of the rules and regulations relating to Safety precautions the arrangement made by the contractor shall be open to inspection by the Labour Officer Engineer-in-charge of the department or their representatives.
(xv) Notwithstanding the clause from (i) to (xiv) there is nothing in these to exempt the contractor, to exclude the operations of any other Act or Rule in force in the Republic of India.
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65ba4b2fab84c7eca86eae96 | acts |
State of Kerala - Act
-----------------------
Kerala Official Languages Act, 1969
-------------------------------------
KERALA
India
Kerala Official Languages Act, 1969
=====================================
Act 7 of 1969
---------------
* Published on 1 January 1969
* Commenced on 1 January 1969
Kerala Official Languages Act, 1969
(Act
7 of 1969
)
Last Updated 29th November, 2019
[An Act to provide for the adoption of Malayalam and English as the languages to be used for the official purposes of the State of Kerala]
[Substituted by Kerala Official Language (Legislation) Amendment Act, 1973 (Act 15 of 1973)]
[Whereas it is expedient to provide for the adoption of Malayalam and English as the languages to be used for the official purposes of the State of Kerala and to provide for the adoption of Malayalam also as a language to be used in Bills introduced in, or Acts passed by, the Legislature of the State of Kerala or in Ordinances promulgated by the Governor or in subordinate legislation.]
[Substituted by Kerala Official Language (Legislation) Amendment Act, 1973 (Act 15 of 1973)]
Be it enacted in the Nineteenth Year of the Republic of India as follows:
### 1. Short title and commencement.
- [(1) This Act may be called the Kerala Official Languages Act, 1969.]
[Substituted by Kerala Official Language (Legislation) Amendment Act, 1973 (Act 15 of 1973)]
### 1A. [ Malayalam and English to be the official languages of the State.
[Inserted by Kerala Official Language (Legislation) Amendment Act, 1973 (Act 15 of 1973).]
- Without prejudice to the provisions of articles 346 and 347 of the Constitution, Malayalam and English shall be the languages to be used for all or any of the official purposes of the State.
### 1B. Government's power to notify the official purposes for which Malayalam or English to be used. - The Government may, by notification issued from time to time, direct that Malayalam or English shall be used in respect of such official purposes as may be specified in the notification.
### 1C. Notification issued under section 1B to be placed before the Legislative Assembly. - Every notification issued under section 1B shall be laid, as soon as may be after it is issued, 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 session, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the notification or decides that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.]
(2) It shall come into force at once.
### 2. Language to be used in Bills, etc.
- The language to be used in-
(1) Bills to be introduced or amendment thereto to be moved in the Legislative Assembly of the State of Kerala;
(2) Acts passed by the Legislature of the State of Kerala;
(3) Ordinances promulgated by the Governor under article 213 of the Constitution; and
(4) Orders, rules, regulations and bye-laws issued by the Government under the Constitution or under any law made by Parliament or the Legislature of the State of Kerala;
shall be Malayalam or English.
### 3. [ Special provisions in respect of linguistic minorities.
[Inserted by Kerala Official Language (Legislation) Amendment Act, 1973 (Act 15 of 1973).]
- Notwithstanding anything contained in this Act, the following special provisions shall apply in respect of linguistic minorities in the State, namely:-
(a) The Tamil and Kannada minority people in the State may use their respective languages for their corespondence with the State Government in the Secretariat and the Heads of Departments and also with all the local offices of the State Government situtate in those areas which are declared by the Government to be linguistic minority areas for the purpose and the replies sent in such cases shall also be in their respective minority languages .
(b) The linguistic minorities other than Tamil and Kannada in the State may use the English language for their correspondence with the State Government offices and in such cases the replies sent to them shall be in the English language.]
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65ba86adab84c7eca86ebebf | acts |
Union of India - Act
----------------------
The Dock Workers (Safety, Health And Welfare) Act, 1986
---------------------------------------------------------
UNION OF INDIA
India
The Dock Workers (Safety, Health And Welfare) Act, 1986
=========================================================
Act 54 of 1986
----------------
* Published on 7 December 1986
* Commenced on 7 December 1986
The Dock Workers (Safety, Health And Welfare) Act, 1986
(54 OF 1986)
### 8. /447
Statement of Objects and Reasons.-The Indian Dock Labourers Act, 1934 (19 of 1934), the Dock Workers (Regulation of Employment) Act, 1948 (
9 of 1948
), and the Dock Workers (Safety, Health and Welfare) Scheme, 1961, framed under the later Act, inter alia, deal with the matters relating to the protection against accident of workers employed in loading and unloading ships, employment of dock workers and safety, health and welfare of dock workers. Thus, the law relating to the said matters is, at present, contained in more than one Act.
2. In view of the experience gained by the working of these Acts and the said Scheme, it is felt that with a view to serving the interests of the dock workers more effectively, the law relating to safety, health and welfare of the said workers, as far as practicable, be contained in a single Act. Accordingly, the proposed Bill provides for the safety, health and welfare of dock workers and for matters connected therewith.
3. The Bill, among other things, seeks, inter alia, to-
(a) provide for the safety, health and welfare of dock workers in respect of all ports and all ships;
(b) enlarge the definitions of "dock work" and "dock workers" so as to widen the scope of protection.
(c) specify that the appropriate Government shall be, in relation to any major port, the Central Government, and, in relation to any other port, the State Government concerned;
(d) provide for the appointment of Chief Inspector and Inspectors of Dock Safety with appropriate powers for enforcing the provisions of the proposed legislation.
(e) provide for the constitution of advisory committees to advise upon matters arising out of the administration of the proposed legislation;
(f) empower the appropriate Government to direct inquiry into cases of accidents and diseases;
(g) lay down obligations of the dock workers in following certain safety practices;
(h) empower the appropriate Government to exempt any port or ship from the provisions of the proposed legislation subject to such conditions as it thinks fit;
(i) provide for appropriate punishment for offences against the proposed legislation and also to provide for enhanced punishments in the case of second and subsequent conviction and further to provide for certain minimum punishment in certain cases;
(j) provide for the repeal of the Indian Dock Labourers Act, 1934 (19 of 1934), and to make necessary consequential amendments in the Dock Workers (Regulation of Employment) Act, 1948 (
9 of 1948
).
[7th December, 1986]
An Act to provide for the safety, health and welfare of dock workers and for matters connected therewith.
Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:-
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| --- |
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Brought into force on 15.4.1987 vide G.S.R. 399(E) , dated 15.4.1987.
|
### 1. Short title, extent, commencement and application .-(1) This Act may be called The Dock Workers (Safety, Health and Welfare) Act, 1986.
(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.
(4) It shall not apply to any ship of war of any nationality.
### 2. Definitions .-In this Act, unless the context otherwise requires,-
(a) "appropriate Government" means in relation to any major port, the Central Government, and, in relation to any other port, the State Government;
(b) "cargo" includes anything carried or to be carried in a ship or other vessel;
(c) "Chief Inspector" means the Chief Inspector of Dock Safety, appointed under sub-section (1) of section 3;
(d) "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; and
(ii) 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;
(e) "dock worker" means a person employed or to be employed directly or by or though any agency (including a contractor) with or without knowledge of the principal employer, whether for remuneration or not, on dock work;
(f) "employer", in relation to a dock worker, means the person by whom he is employed or is to be employed on dock work, whether for remuneration or not;
(g) "principal employer", in relation to a dock worker employed or to be employed by or through any agency (including a contractor), means the person in connection with those work he is employed or is to be employed by such agency;
(h) "regulation" means a regulation made under this Act.
### 3. Inspectors .-(1) The appropriate Government may, by notification in the Official Gazette, appoint such person as it thinks fit to be the Chief Inspector of Dock Safety and such persons as it thinks fit to be Inspectors subordinate to the Chief Inspector for the purposes of this Act, at such ports as may be specified in the notification.
(2) The Chief Inspector shall also exercise the powers of an Inspector.
(3) The Chief Inspector and all Inspectors shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860).
### 4. Powers of Inspectors .-An Inspector may, at any port for which he is appointed,-
(a) enter, with such assistance (if any), as he thinks fit, any ship, dock, warehouse or other premises, where any dock work is being carried on, or where he has reason to believe that any dock work is being carried on;
(b) make examination of the ship, dock, lifting machinery, cargo gear, stagings, transport equipment, warehouses or other premises, used or to be used, for any dock work;
(c) require the production of any register, muster roll or other document relating to the employment of dock workers and examine such document;
(d) take on the spot or otherwise such evidence of any person which he may deem necessary:
Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself;
(e) take copies of registers, records or other documents or portions thereof as he may consider relevant in respect of any offence which he has reason to believe has been committed or for the purpose of any inquiry;
(f) take photograph, sketch, sample, measure or record as he may consider necessary for the purpose of any examination or inquiry;
(g) hold an inquiry into the causes of any accident which he has reason to believe was the result of the collapse or failure of lifting machinery, transport equipment, staging or non-compliance with any of the provisions of this Act or the regulations;
(h) issue show-cause notice relating to the safety, health and welfare provisions arising under this Act or the regulations;
(i) prosecute, conduct or defend before any Court any complaint or other proceedings arising under this Act or the regulations;
(j) exercise such other powers as may be conferred upon him by the regulations.
### 5. Powers of Inspectors where employment of dock workers are dangerous .-(1) If it appears to an Inspector that any place at which any dock work is being carried on is in such a condition that it is dangerous to life, safety or health, of dock workers, he may, in writing, serve on the owner or on the person in charge of such place an order prohibiting any dock work in such place until measures have been taken to remove the cause of the danger to his satisfaction.
(2) An Inspector serving an order under sub-section (1) shall endorse a copy to the Chief Inspector who may modify or cancel the order without waiting for an appeal.
### 6. Facilities to be afforded to an Inspector .-The owner or the person in charge of the place at which any dock work is being carried on, shall afford the Chief Inspector or the Inspector all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry under this Act or the regulations.
### 7. Restrictions on disclosure of information .-(1) All copies of, and extracts from, registers or other records in relation to any dock work and all other information required by the Chief Inspector or an Inspector or by any one assisting him, in the course of the inspection or investigation carried out for the purposes of this Act or the regulations shall be regarded as confidential and shall not be disclosed to any person or authority unless such disclosure is for the purpose of any action or proceeding under this Act or the regulations or under any other law or unless the Chief Inspector or the Inspector considers such disclosure necessary to ensure the health, safety or welfare of any dock worker.
(2) The Chief Inspector or the Inspector shall not disclose the source of any complaint bringing to his notice a defect or breach of any legal provisions and if any visit or inspection is to be made in connection with such a complaint, he shall give no intimation to the employer that the visit is made in consequence of receipt of such a complaint:
Provided that the restrictions imposed under this sub-section shall not apply to any case where the complainant himself has expressed his willingness to have the source of complaint disclosed.
(3) If the Chief Inspector or an Inspector or any other person referred to in sub-section (1) discloses, contrary to the provisions of this section, any information as aforesaid, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
### 8. Appeal .-Any person aggrieved by an order under section 5 may, within fifteen days from the date on which the order is communicated to him, prefer an appeal to the Chief Inspector or where such order is by the Chief Inspector, to such authority as may be specified by the regulations and the Chief Inspector on such authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible: Provided that the Chief Inspector or such authority may entertain the appeal after the expiry of the said period of fifteen days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time:
Provided further that an order under section 5 shall be complied with, pending the decision of the Chief Inspector or such authority.
### 9. Advisory Committee .-(1) The appropriate Government may constitute an Advisory Committee to advise upon such matters arising out of the administration of this Act and the regulations as that Government may refer to it for advice.
(2) The members of the Advisory Committee shall be appointed by the appropriate Government and shall be of such number and chosen in such manner as may be prescribed by rules made under this Act:
Provided that the Advisory Committee shall include an equal number of members representing-
(i) the appropriate Government,
(ii) the dock workers, and
(iii) the employers of dock workers and shipping companies.
(3) The Chairman of the Advisory Committee shall be one of the members appointed to represent the appropriate Government, nominated in this behalf by that Government.
(4) The appropriate Government shall publish in the Official Gazette the names of all members of the Advisory Committee.
(5) The term of office of the members of the Advisory Committee and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members shall be such as may be prescribed by rules made under this Act.
### 10. Power of appropriate Government to direct inquiry into cases of accidents or diseases .-(1) The appropriate Government may, if it considers it expedient to do so, appoint a competent person to inquire into the causes of any accident occurring in connection with any dock work or into any cases where a disease specified by regulations as a disease connected with dock work has been or is suspected to have been contracted by dock workers and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry.
(2) The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this Act; and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the Indian Penal Code (45 of 1860).
(3) The person holding the inquiry under this section shall make a report to the appropriate Government stating the causes of the accident or, as the case may be, disease and any attendant circumstances and adding any observations which he or any of the assessors may think fit to make.
(4) The procedure to be followed at inquiries under this section shall be such as the appropriate Government may prescribe by rules under section 20.
### 11. Obligations of dock workers .-(1) No dock worker shall-
(a) wilfully interfere with, or misuse, any appliance, convenience or other thing provided in connection with any dock work for the purpose of securing the health, safety and welfare of dock workers;
(b) wilfully and without reasonable cause do anything likely to endanger himself or others; and
(c) wilfully neglect to make use of any appliance, convenience or other thing provided in connection with any dock work for the purpose of securing the health, safety and welfare of dock workers.
(2) If any dock worker contravenes any of the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.
### 12. Power to exempt .-The appropriate Government may, by notification in the Official Gazette, exempt from all or any of the provisions of this Act and of the regulations, or such conditions, if any, as it thinks fit-
(a) any port or place, dock, wharf, quay or similar premises, if that Government is satisfied that dock work is only occasionally carried on or the traffic is small and confined to small ships and fishing vessels at such port, dock, wharf, quay or similar premises; or
(b) any specified ship or class of ships, if that Government is satisfied, having regard to the features of such ship or ships, the nature, quantum and periodicity of dock work carried thereon and all other relevant factors, that it is necessary so to do:
Provided that the appropriate Government shall not grant exemption under this section unless it is satisfied that such exemption will not adversely affect the health, safety and welfare of dock workers.
### 13. 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 done under this Act.
### 14. Penalties .-(1) Whoever,-
(a) wilfully obstructs an Inspector in exercise of any power conferred by or under this Act or fails to produce on demand by an Inspector any register or other documents kept in pursuance of the regulations or otherwise in connection with any dock work or conceals or prevents or attempts to prevent any person from appearing before, or being examined by, an Inspector; or
(b) unless duly authorised or in case of necessity, removes any fencing, gangway, gear, ladder, life-saving means or appliance, light, mark, stage or other thing required to be provided by, or under, the regulations; or
(c) having in case of necessity removed any such fencing, gangway, gear, ladder, life-saving means or appliance, light, mark, stage or other thing, omits to restore it at the end of the period for which its removal was necessary, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
(2) If any person, being a person whose duty is to comply with any of the regulations, contravenes such regulations and such contravention results-
(a) in any fatal accident to a dock worker, or
(b) an accident which incapacitates a dock worker from earning his full wages for more than a fortnight, such person shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than two thousand rupees in a case falling under clause (a) and five hundred rupees in a case falling under clause (b) but which may extend, in either case, to five thousand rupees, or with both, and the Court may order the whole or part of the fine to be paid to the dependant of the deceased dock worker or, as the case may be, to the injured dock worker.
Explanation .-The provisions of this sub-section shall be in addition to any provisions which may be made under sub-section (4) of section 21.
(3) Subject to the provisions of section 11, if any dock worker contravenes any provision of this Act or the regulations imposing any duty or liability on dock workers, he shall be punishable with imprisonment for a term which may extend to two hundred rupees, or with both.
(4) If any person who has been convicted for an offence punishable under any of the provisions of this Act or the regulations is again convicted for an offence committed within two year of the previous conviction and involving a contravention of the same provision, he shall be punishable for each subsequent conviction with double the imprisonment to which he would have been liable for the first contravention of such provision.
### 15. Determination of the persons responsible for the offence in certain cases .-If the person committing an offence made punishable by this Act or the regulations or any abetment thereof is a firm or other association of individuals or a company or a local authority, all or any of the partners or members or directors thereof as well as the firm, association of individuals, company or local authority shall be deemed to be guilty of the offence or abetment and shall be liable to be proceeded against and punished accordingly:
Provided that where a firm, association or company has given notices in writing to the Chief Inspector and the Inspector of the port where any dock work is being carried that it has nominated,-
(a) in the case of a firm, any of its partners;
(b) in the case of an association, any of its members;
(c) in the case of a company, any of its directors, who is resident, in each case in any place to which this Act extends and who is in each case either in fact in charge of the management of, or holds the largest number of shares in, such firm, association or company, to assume the responsibility of the person in charge of any dock work for the purposes of this Act, such partner, member or director, as the case may be, shall, so long as he continues to so reside and be in charge or hold the largest number of shares as aforesaid, be deemed to be the person in charge of such dock work for the purposes of this Act unless a notice in writing cancelling his nomination or stating that he has ceased to be a partner, member or director, as the case may be, is received by the Chief Inspector.
### 16. Power of Court to make orders .-Where a person is convicted of an offence punishable under this Act the Court may, in addition to awarding him any punishment, by order in writing, require him within a period specified in the order (which may be extended by the Court from time to time on application made in this behalf) to take such measures as may be so specified for remedying the matters in respect of which offence was committed.
(2) Where an order is made under sub-section (1), the person shall not be liable under this Act in respect of the continuance of the offence during the period, or extended period, if any, but if on the expiry of such period or extended period the order of the Court has not been fully complied with, the person shall be deemed to have committed a further offence and shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or with both.
### 17. Provision relating to jurisdiction .-(1) No Court inferior to that of a metropolitan magistrate or a magistrate of the first class shall try any offence under this Act or the regulations.
(2) No prosecution for any offence under this Act or the regulations shall be instituted except by or with the previous sanction of an Inspector.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no Court shall take cognizance of an offence under this Act or the regulations unless complaint thereof has been made-
(a) in the case of an offence punishable with fine,-
(i) within six months from the date of the offence; or
(ii) where the commission of the offence was not known to the Inspector, within six months from the first day on which the offence comes to the knowledge of the Inspector; or
(iii) where it is not known by whom the offence was committed, within six months from the first day on which the identity of the offender is known to the Inspector; or
(b) in the case of an offence punishable with imprisonment,-
(i) within one year from the date of the offence; or
(ii) where the commission of the offence was not known to the Inspector, within one year from the first day on which the offence comes to the knowledge of the Inspector; or
(iii) where it is not known by whom the offence was committed, within six months from the first day on which the identity of the offender is known to the Inspector.
Explanation .-For the purposes of this section, in the case of a continuing offence a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.
### 18. Provision regarding fine .-Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for a metropolitan magistrate or a magistrate of the first class to pass a sentence of fine exceeding five thousand rupees authorised by this Act or the regulations on any person convicted of any offence thereunder.
### 19. General provision for punishment for other offences .-Any person who contravenes any provision of this Act shall, if no other penalty is provided for such contravention under this Act, be punishable with fine which may extend to five hundred rupees.
### 20. Power to make rules .-The appropriate Government may, by notification in the Official Gazette, make rules consistent with this Act for all or any of the following purposes, namely:-
(a) the manner in which an Inspector is to exercise the powers conferred upon him under this Act;
(b) the inspection of premises of ships where any dock work is carried on;
(c) the manner of services of orders made under this Act;
(d) the term of office and other conditions of service of members of the Advisory Committee, the manner of filling vacancies among, and the procedure to be followed in, the discharge of their functions under sub-section (5) of section 9;
(e) the procedure at inquiries under section 10; and
(f) any other matter which is to be provided for by rules under this Act.
### 21. Power to make regulations .-(1) The appropriate Government may, by notification in the Official Gazette, make regulations consistent with this Act for providing for the safety, health and welfare of dock workers.
(2) Such regulations may provide for all or any of the following purposes, namely:-
(a) providing for the general requirement relating to the construction, equipping and maintenance for the safety of working places on shore, ship, dock, structure and other places at which any dock work is carried on;
(b) providing for the safety of the regular approaches over a dock, wharf, quay or other places which dock workers have to use for going for work and for fencing of such places and projects;
(c) providing for the efficient lighting of all areas of dock, ship any other vessel, dock structure or working places where any dock work is carried on and of all approaches to such places to which dock workers are required to go in the course of their employment;
(d) providing and maintaining adequate ventilation and suitable temperature in every building or an enclosure on ship where dock workers are employed;
(e) providing for fire and explosion prevention and protection;
(f) providing for safe means of access to ships, holds, stagings, equipment, lifting appliances and other working places;
(g) providing for the safety of workers engaged in the opening and closing of hatches, protection of ways and other openings in the docks which may be dangerous to them;
(h) providing for the safety of workers on docks from the risk of falling overboard being struck by cargo during loading or unloading operations;
(i) providing for the construction, maintenance and use of lifting and other cargo handling appliances and services, such as, pallets containing or supporting loads and provision of safety appliances on them, if necessary;
(j) providing for the safety of workers employed in freight container terminals or other terminals for handling unitised cargo;
(k) providing for the fencing of machinery, live electrical conductors, steam pipes and hazardous openings;
(l) providing for the construction, maintenance and use of staging;
(m) providing for the rigging and use of ship's derricks;
(n) providing for the testing, examination, inspection and certification as appropriate of loose gears including chains and ropes and of slings and other liftings devices used in the dock work;
(o) providing for the precautions to be taken to facilitate escape of workers when employed in a hold, bin, hopper or the like or between decks of a hold while handling coal or other bulk cargo;
(p) providing for the measures to be taken in order to prevent dangerous methods of working in the stacking, unstacking, stowing and unstowing of cargo or handling in connection therewith;
(q) providing for the handling of dangerous substances and working in dangerous or harmful environments and the precautions to be taken in connection with such handling;
(r) providing for the work in connection with cleaning, chipping, painting, operations and precautions to be taken in connection with such work;
(s) providing for the employment of persons for handling cargo, handling appliances, power operated hatch covers or other power operated ship's equipment, such as, door in the hull of a ship, ramp, retraceable car deck or similar equipment or to give signals to the drivers of such machinery;
(t) providing for the transport of dock workers;
(u) providing for the precautions to be taken to protect dock workers against harmful effects of excessive noise, vibrations and air pollution at the work place;
(v) providing for protective equipment or protective clothing;
(w) providing for the sanitary, washing and welfare facilities;
(x) providing for-
(i) the medical supervision;
(ii) the ambulance rooms, first aid and rescue facilities and arrangements for the removal of dock workers to the nearest place of treatment;
(iii) the safety and health organisation; and
(iv) the training of dock workers and for the obligations and rights of the dock workers for their safety and health at the work place;
(y) providing for the investigation of occupational accidents, dangerous occurrences and diseases, specifying such diseases and the forms of notices, the persons and authorities, to whom, they are to be furnished, the particulars to be contained in them and the time within which they are to be submitted; and
(z) providing for the submission of statement of accidents, man-days lost, volume of cargo handled and particulars of dock workers.
(3) The regulations made under this section may,-
(a) provide for the circumstances in which and the conditions subject to which, exemptions from any of the regulations made under this section may be given specifying the authorities who may grant such exemptions and regulating their procedure; and
(b) make special provision to meet the special requirement of any particular port or ports.
(4) In making a regulation under this section, the appropriate Government may direct that a breach thereof shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and, if the breach is continued after conviction, with a further fine which may extend to one hundred rupees for each day on which the breach is so continued.
### 22. General provision relating to rules and regulations .-(1) The power to make rules and regulations conferred by sections 20 and 21 is subject to the condition of the rules and regulations being made after previous publications.
(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 (
10 of 1897
) as that after which a draft of rules or regulations proposed to be made will be taken under consideration, shall not be less than forty-five days from the date on which the draft of the proposed rules or regulations is published for general information.
(3) Every rule and every regulation made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the 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, as the case may be.
(4) Every rule and every regulation, made under this Act by a State Government shall be laid, as soon as may be after it is made, before the State Legislature.
### 23. Amendment of Act
9 of 1948
.-In the Dock Workers (Regulation of Employment) Act, 1948 (
9 of 1948
), in section 3, in sub-section (2) ,-
(a) in clause (g) the words "and welfare" shall be omitted;
(b) clause (h) shall be omitted.
### 24. Repeal .-The Indian Dock Labourers Act, 1934 (19 of 1934), is hereby repealed.
### 25. Saving .-The Indian Dock Labourers Regulations, 1948 made under section 5 of the Indian Dock Labourers Act, 1934 (19 of 1934) so repealed and the Dock Workers (Safety, Health and Welfare) Scheme 1961 made under section 4 of the Dock Workers (Regulation of Employment) Act, 1948 (
9 of 1948
) shall be deemed to be regulations framed under this Act and shall be in force unless they are altered or repealed under this Act.
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65ba8631ab84c7eca86ebe95 | acts |
Union of India - Act
----------------------
The Trading With The Enemy (Continuance Of Emergency Provisions) Act, 1947
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UNION OF INDIA
India
The Trading With The Enemy (Continuance Of Emergency Provisions) Act, 1947
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Act 16 of 1947
----------------
* Published on 1 January 1947
* Commenced on 1 January 1947
An Act to provide for the continuance of certain provisions of the Defence of India Rules relating to the control of trading with States, and persons and firms belonging to States at war with the Government of India, and the custody of the property belonging to them.
It is hereby enacted as follows:-
### 1. Short title, extent and commencement.
(1) This Act may be called the Trading with the Enemy (Continuance of Emergency Provisions) Act, 1947 .
(2) 1
It extends to the whole of India
2
; and it applies also to all citizens of India outside India.]
(3) It shall come into force on the 25th day of March, 1947 .
### 2. Continuance of certain emergency provisions.
(1) Notwithstanding the expiry of the Defence of India Act, 1939 (35 of 1939 ), and the Emergency Provisions (Continuance) Ordinance, 1946 (20 of 1946 ),
(a) the provisions of the Defence of India Rules mentioned in the first column of the Schedule to this Act shall con- tinue in force, and shall have effect subject to the modi- fications specified in the second column thereof;
(b) any order or other instrument made or deemed to be made under or in pursuance of any of the said provisions and in force immediately before the commencement of this Act shall continue in force so far as consistent with the provisions as continued in force by this section and be deemed to be made under or In pursuance of the provisions so continued in force.
### 1. Subs. by the A. O. 1950, for the former sub- section. 2 The words" except Part B States" were rep. by Act 3 of 1951, s. 3 and Sch. (2) The references in sub- section (1) to the Defence of India Rules shall be construed as references to those Rules as modified and continued in force by the Emergency Provisions (Continuance) Ordinance, 1946 (20 of 1946 ),
### 3. Effect of rules, etc., inconsistent with other enactments.
The provisions of the Defence of India Rules as continued in force by section 2 and all orders made or deemed to be made under such provisions shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.
### 4. Delegations.
(1) The Central Government may by order direct that any power or duty which by or under any of the provisions as continued in force by section 2 is conferred or imposed upon the Central Government, shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by any officer or authority subordinate to that Government or by any other authority.
(2) All orders delegating any power or duty conferred or imposed by any of the provisions continued in force by section 2 made by the Central Government before the commencement of this Act and in force immediately before such commencement, shall continue in force and be deemed to be made by the Central Government under this section.
### 5. Savings as to orders.
(1) No order made or deemed to be made in exercise of any power conferred by or under any of the provisions continued in force by section 2 shall be called in question in any court.
(2) Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under any of the aforesaid provisions, a court shall, within the meaning of the Indian Evidence Act, 1872 , (1 of 1872 .) presume that such order was so made by that authority.
### 6. Protection of action taken under rules.
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or in- tended to be done in pursuance of any of the provisions continued in force by section 2 or any order made or deemed to be made thereunder.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of any of the provisions continued in force by section 2 or any order made or deemed to be made thereunder.
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65b9cbbfab84c7eca86e9fee | acts |
State of Madhya Pradesh - Act
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The M.P. Panchayat (Gram Panchayat Ke Sarpanch Tatha UP-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Viruddh Avishwas Prastav) Niyam, 1994
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MADHYA PRADESH
India
The M.P. Panchayat (Gram Panchayat Ke Sarpanch Tatha UP-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Viruddh Avishwas Prastav) Niyam, 1994
====================================================================================================================================================================================
Rule THE-M-P-PANCHAYAT-GRAM-PANCHAYAT-KE-SARPANCH-TATHA-UP-SARPANCH-JANPAD-PANCHAYAT-TATHA-ZILA-PANCHAYAT-KE-PRESIDENT-TATHA-VICE-PRESIDENT-KE-VIRUDDH-AVISHWAS-PRASTAV-NIYAM-1994 of 1994
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* Published on 9 January 1995
* Commenced on 9 January 1995
The M.P. Panchayat (Gram Panchayat Ke Sarpanch Tatha UP-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Viruddh Avishwas Prastav) Niyam, 1994
Published vide Notification No. B-1-4-95-P-2-22, dated 9-1-1995, M.P. Rajpatra (Asadharan) , dated 10-1-1995 at pp. 24 (3-5)
In exercise of the powers conferred by sub-section (1) of Section 95 read with sub-section (2) of Section 21, sub-section (2) of Section 28 and sub-section (2) of Section 35 of the Madhya Pradesh Panchayat 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 Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Virudh Avishwas Prastav) Niyam, 1994.
### 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) "Chief Executive Officer" means the Chief Executive Officer of Janpad Panchayat or Zila Panchayat;
(c) "Secretary" means the Secretary of the Gram Panchayat;
(d) "Section" means the Section of the Act.
### 3. Notice.
- [(1) Elected members of Gram Panchayat, Janpad Panchayat or Zila Panchayat desiring to move a motion of no confidence against the Sarpanch or Up-Sarpanch of a Gram Panchayat or President or Vice-President of Janpad or Zila Panchayat, as the case may be, shall give a notice thereof to the prescribed authority in the form appended to these rules :
Provided that such notice shall be signed by not less than one-third of the total number of elected members of the concerned Panchayat :
Provided further that where the elected members desire to move the motion of no confidence against both the Sarpanch and Up-Sarpanch, President and Vice-President of Janpad Panchayat or Zila Panchayat, as the case may be, they shall give separate notice.]
[Substituted by Notification No. B-1-4-95-XXII-P-2, dated 23-12-1995]
(2) The prescribed authority, on receiving the notice under sub-rule (1) shall sign thereon a certificate stating the date on which hour and at which the notice has been given to him and shall acknowledge its receipt.
(3) On receiving the notice under sub-rule (1), the prescribed authority shall satisfy himself about the admissibility of the notice with reference to Sections 21 (3), 28 (3) and 35 (3), as the case may be. On being thus satisfied, he shall fix the date, lime and place for the meeting of the Gram Panchayat, Janpad Panchayat or Zila Panchayat, as the case may be, which shall not be more than fifteen days from the dale of receipt of the said notice. The notice of such meeting specifying the date, time and place thereof shall be caused to be despatched by him through the Secretary of the Gram Panchayat or Chief Executive Officer of the Janpad or Zila Panchayat, as the case may be, to every member of the Panchayat concerned seven days before the meeting.
### 4. Appointment of Presiding Officer.
- The Prescribed Authority shall appoint an officer of the Government under sub-section (2) of Section 21, sub-section (2) of Section 28, or sub section (2) of Section 35 to preside over the meeting of the Gram Panchayat, Janpad Panchayat or Zila Panchayat, as the case may he. For the purpose of considering the no confidence motion against Sarpanch or Up-Sarpanch, a Revenue Officer not below the rank ol Naib Tehsildar, against President or Vice-President of Janpad Panchayat [Officer not below the rank of Deputy Collector]
[Substituted Notification No. B-1-4-95-XXII-P-2, dated 23-12-1995.]
and against President or Vice-President of Zila Panchayat the Collector or Additional Collector shall be appointed to preside over such meeting and the prescribed authority shall inform the Secretary of the Gram Panchayat or Chief Executive Officer of Janpad Panchayat or Zila Panchayat as the case may be, and the Collector of the district about such appointment at least 3 days before the date fixed for the meeting.
### 5. Conduct of meeting.
(1) The Presiding Officer shall record the attendance of the members of the Panchayat present at the meeting.
(2) [ x x x]
[Omitted Notification No. B-1-4-95-XXII-P-2, dated 23-12-1995.]
(3) [ The Presiding Officer shall ask any of the signatories to the notice to move the motion.]
[Substituted by Notification No. B-1-4-95-XXII-P-2, dated 23-12-1995]
(4) After the motion is moved the mover shall first speak on the motion and thereafter other members may, if they so desire, speak on the motion.
(5) On the conclusion of the debate on the motion, the Presiding Officer shall call the members present in the meeting one by one and shall give them ballot paper duly signed by him to indicate its authenticity, to cast his vote for or against the motion. The member who wants to vote in favour of the motion shall affix the symbol (V) and the member who wants to vote against the motion shall affix the symbol 'X'. After the member has recorded his vote, he shall fold the ballot paper to maintain secrecy and put it in the ballot box kept on the table of the Presiding Officer.
(6) After the voting is over, the Presiding Officer shall take out the ballot papers from the ballot box sort out the votes for and against the motion. If the number of votes in favour of the motion fulfils the requirement of sub-section (1) of Section 21, sub-section (1) of Section 28 or sub-section (1) of Section 35, as the case may be, the Presiding Officer shall declare that the motion of no confidence is passed. [x x x]
[Omitted by Notification No. B-1-4-95-XXII-P-2, dated 23-12-1995]
.
### 6. Minutes of the Proceedings.
- Minutes of the proceedings of the meeting called under Rule 4 shall be drawn up by the Presiding Officer and recorded in the minute hook kept in the Panchayat for recording the proceedings of its meetings and sign it.
### 7. Safe keeping of Records.
(1) The Presiding Officer shall keep in safe custody the ballot papers referred to in sub-rule (5) of Rule 5, in his office duly scaled along with a copy of the minutes of the proceedings for period of one year.
(2) The minutes of proceeding recorded under sub-rule (1) shall include,-
(i) name of the office bearers present;
(ii) the decision of the meeting on the motion of no-confidence;
and
(iii) when such decision is not unanimous the number of votes for and against such motion and the number of those who have remained neutral.
### 8. Decision to be communicated to the Prescribed Authority and the Collector.
- When the Panchayat takes a decision on any motion of no-confidence, the Presiding Officer shall communicate forthwith a copy of the proceeding drawn under Rule 6 to the prescribed authority and the Collector.
### 9. Repeal.
- All previous rules on the subject shall stand repealed from the date of final publication of these rules in the "Madhya Pradesh Gazette".
Form
[See sub-rule (1) of Rule 3]
Notice of No-Confidence
To,
The Prescribed Authority.
...................
I/We intend to move a motion of no-confidence against \*Sarpanch/Up-Sarpanch of Gram Panchayat.................. \*President/Vice-President of Janpad Panchayat........ \*Presidont/Vice-President of Zila Panchayat......
The grounds of no-confidence motion are as under :-
### 1. ............
### 2. ............
### 3. ............
Place...............
Date..............................................................................
Signature
\*Strike out which is not applicable.
|
65b9c2eaab84c7eca86e9e69 | acts |
State of Madhya Pradesh - Act
-------------------------------
The M.P. Municipalities (Reservation of Office of Mayor and President) Rules, 1999
------------------------------------------------------------------------------------
MADHYA PRADESH
India
The M.P. Municipalities (Reservation of Office of Mayor and President) Rules, 1999
====================================================================================
Rule THE-M-P-MUNICIPALITIES-RESERVATION-OF-OFFICE-OF-MAYOR-AND-PRESIDENT-RULES-1999 of 1999
---------------------------------------------------------------------------------------------
* Published on 5 October 1999
* Commenced on 5 October 1999
The M.P. Municipalities (Reservation of Office of Mayor and President) Rules, 1999
Published vide Notification No. 391-18-3-99, dated 5-10-1999, Madhya Pradesh Rajpatra (Asadharan) , dated 5-10-1999
In exercise of the powers conferred by Section 433 read with subsection (5) of Section 11-A of the Madhya Pradesh Municipal Corporation Act, 1956 (
No. 23 of 1956
) and Section 355 read with sub-section (5) of Section 29-B of the Madhya Pradesh Municipalities Act, 1961 (
No. 37 of 1961
), the State Government hereby makes the following rules regulating the procedure of reservation of the offices of the Mayor of Municipal Corporations and President of the Municipal Councils and Nagar Panchayats in the State, namely :-
### 1. Short title and commencement.
(1) These rules may be called the Madhya Pradesh Municipalities (Reservation of Office of Mayor and President) Rules, 1999.
(2) They shall come into force with effect from the date of their publication in the "Madhya Pradesh Gazette".
### 2. Definitions.
- In this rules, unless the context otherwise requires :-
(a) "Office" means the office of the Mayor of Municipal Corporation and President of the Municipal Council and Nagar Panchayat;
(b) "Mayor" means the Mayor of the Municipal Corporation;
(c) "Municipality" means any Municipal Corporation constituted under Section 7 of the Madhya Pradesh Municipal Corporation Act, 1956 or any Municipal Council or Nagar Panchayat constituted under Section 5 of the Madhya Pradesh Municipalities Act, 1961, as the case may be;
(d) "Population" means the population as ascertained in the last preceding census of which the relevant figures have been published;
(e) "Prescribed Authority" means such offices as the State Government may, by order, prescribe;
(f) "President" means the President of the Municipal Council and Nagar Panchayat;
(g) Words and expressions used but not defined in these Rules shall have the same meaning as assigned to them in the Act.
### 3. Reservation of Offices.
- For the purpose of reservation of the offices of the Mayor of the Municipal Corporation and President of the Municipal Council and Nagar Panchayat, the Members of the Municipal Corporations, Municipal Councils and Nagar Panchayats shall be treated as separate units.
### 4. Term of reservation.
(1) The term of reservation shall be coterminus with the term of the Corporation and the Council as specified in Section 20 of the Madhya Pradesh Municipal Corporation Act, 1956 and Section 36 of the Madhya Pradesh Municipalities Act, 1961 respectively.
(2) If the office of the Mayor or President, as the case may be, falls vacant for any reason before the expiry of the term as specified in sub-rule (1), the reservation shall be deemed to be applicable at the time of filling up the vacancy for the remaining period.
### 5. Procedure of reservation.
(1) Such number of offices shall be reserved for Scheduled Castes and Scheduled Tribes as shall bear the same proportion, as nearly as may be, as the population of each of these categories, within the limits of all the Municipal Corporations, all Municipal Councils and all Nagar Panchayats, as the case may be, in the State bears to the total population within such limits. Such offices shall be reserved in descending order in those Municipalities in which the percentage of population of Scheduled Castes or Scheduled Tribes, as the case may be, is highest in their total population.
Explanation. - If there is any Municipality where the percentage of population of both the Scheduled Castes and Scheduled Tribes is highest in their category, then reservation shall be made for such category whose percentage is higher in that Municipality.
(2) Leaving the Municipality where reservation has been made tor Scheduled Castes, Scheduled Tribes, as the case may be, under sub-rule (1), lot of the names of the remaining Municipalities shall be drawn and as nearly as possible, one-fourth of the total offices shall be reserved for Other Backward Classes.
(3) Out of the offices reserved for Scheduled Castes. Scheduled Tribes and Other Backward Classes under sub-rules (1) and (2), as the case may be, as nearly as may be one-third offices shall be reserved for women of the aforesaid categories by drawing of lots.
(4) As nearly as may be one-third [including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes under sub-rule (3)] of the total number of seals, shall be reserved for women by drawing of lot of the names of unreserved Municipalities.
(5) While calculating under sub-rules (1), (2), (3) and (4) the fraction less than half shall be ignored and fraction of half and more than half shall be counted as one.
### 6. Procedure of subsequent reservation.
- For every subsequent reservation purpose, same procedure of reservation shall be adopted as laid down in Rule 5, but the reservation to be made by lot shall be by rotation system and for this purpose the names of Municipalities, offices of which have been reserved for a category shall not be included in the lot for the reservation of that category until such Municipality does not come again in the order of reservation.
Explanation. - The names of such Municipalities in which reservation for other women (including reservation for women belonging to the categories of Scheduled Castes, Scheduled Tribes and Other Backward Classes) has been made previously shall not be included in the lot for reservation of women belonging to any of such categories until the name of such Municipality does not come again for reservation of any women belonging to the aforesaid category in the rotation system.
### 7. Existing Council not to be affected by reservation.
- If reservation is made in a Municipality under Rule 5 or 6 where as elected Corporation or Council, as the case may be, exists then such Corporation or Council shall not be affected by such reservation and such reservation shall be deemed to be effective for the purpose of next general election of such Municipality.
### 8. Procedure for reservation in newly constituted Municipalities.
- If after reservation in accordance with Rule 5 or 6, as the case may be, a new Municipality is constituted, then the number of seats to be reserved in all the Municipalities in the State, including such newly constituted Municipalities, in accordance with the provision of Rule 5 or 6, as the case may be, for the members of the Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women exceeds the number of reservation already made previously for these categories shall be subtracted from the aforesaid number and reservation equal to the number so arrived shall be made to the concerned categories in the newly constituted Municipality :
Provided that if seat has already been reserved in any newly constituted Municipality but election has not been held or action for reservation has not been taken, then in both the situation, action shall be taken for reservation of seats in accordance with the provisions of Rule 5 or 6, as the case may be, in all the Municipalities in the State including the newly constituted Municipality :
Provided further that if, for any season election of any Municipality is not held alongwith the general election, then reservation made as above shall be deemed to be applicable to the election of such Municipality to be held afterwards.
### 9. Process of reservation.
(1) The prescribed authority shall publish a notice of the date, place and time of the making reservation in such Hindi newspaper having circulation in the areas of the Municipalities.
(2) The prescribed authority shall record the process adopted for reservation in writing and keep a register permanently in which it shall be mentioned that when and in which Municipality the offices of Chairperson have been reserved for which category so that at the time of drawing lot for the subsequent reservation, rotation system may be adopted.
(3) Immediately after making the reservation of the offices of Chairpersons, the prescribed authority shall send the information to this effect to the State Government and the State Government shall publish such information in the Madhya Pradesh Gazette and shall also be pasted on the notice boards of the office of the Collector and the office of the Municipality and a copy of the same shall be sent to the State Election Commission.
### 10. Repeal.
- The Madhya Pradesh Municipality (Reservation of Offices of Chairperson), Rules, 1994 which was applicable to the reservation of offices of Mayor of Municipal Corporations and President of Municipal Councils and Nagar Panchayats before the commencement of these rules shall be repealed;
Provided that subject to the provisions of Rule 8, in respect of any order issued for any action taken under the provisions of the repealed rules, it shall be deemed to have been issued or taken under the corresponding provisions of these rules.
|
65ba633fab84c7eca86eb1e7 | acts |
State of Tamilnadu- Act
-------------------------
The Tamil Nadu Christian Marriages Validation Act, 1934
---------------------------------------------------------
TAMILNADU
India
The Tamil Nadu Christian Marriages Validation Act, 1934
=========================================================
Act 8 of 1935
---------------
* Published on 6 March 1935
* Commenced on 6 March 1935
The Tamil Nadu Christian Marriages Validation Act, 1934
Tamil Nadu Act
8 of 1935
Received the assent of the Governor on the 6th March, 1935, and that of the Governor-General on the 24th March, 1935; the assent of the Governor-General published in the Fort St. George Gazette of the 16th April, 1935.
An Act to validate certain marriages solemnized by Mr A. Asirvatham of the Self-Supporting Seventh Day Adventist Church for the Tamil country in the district of Tirunelvelli.
Whereas licences were granted by the [State Government]
[This expression was substituted for the expression 'Government of Madras' by the Tamil Nadu Adaptation of Laws Order, 1970.]
on the 26th day of October 1928 to Mr. A. Asirvatham of the Self-Supporting Seventh Adventist Church for the Tamil country in the district of Tirunelvelli to solemnize marriages and to grant certificates of marriage between Indian Christians under sections 6 and 9, respectively, of the Indian Christian Marriage Act, 1872 (Central Act XV of 1872);
And Whereas on the 7th day of August 1933, the said licences were revoked by the said Government;
And Whereas after the date of the said revocation, the said Mr. Asirvatham continued to solemnize marriages and to grant certificates of marriage up to and including the 15th day of November 1933 as if the said licences had not been revoked;
And Whereas it is doubtful whether the marriages so solemnized and the certificates so granted and the other acts done by the said Mr. Asirvatham in virtue of the said revoked licences on and from the 7th day of August 1933 up to and including the 15th day of November 1933 are valid in-law;
And Whereas there is no reason to doubt that the parties to the said marriages believed in good faith that the said Mr. Asirvatham was legally entitled to act on his said revoked licences between the said dates;
And Whereas it is expedient that all such marriages and all certificates of marriage granted and all other acts relating to such marriages or certificates done by the said Mr. Asirvatham should be validated;
And Whereas the previous sanction of the Governor-General has been obtained to the passing of this Act; It is hereby enacted as follows:-
### 1. Short title.
- This Act may be called the [Tamil Nadu]
[These words were 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.]
Christian Marriages Validation Act, 1934.
### 2. Validation of certain irregular marriages, certificates and acts.
- All marriages solemnized, all certificates granted and all acts done by the said Mr. Asirvatham on and from the 7th day of August 1933, up to and including the 15th day of November 1933, which would be valid if the licences granted to him on the 26th day of October 1928, had not been revoked shall be deemed to be as valid as if he had held licences under sections 6 and 9 of the Indian Christian Marriage Act, 1872 (Central Act XV of 1872), on and from the 7th day of August 1933, and up to and including the 15th day of November 1933, and no such marriage, certificate or act shall be deemed to be invalid by reason only of the fact that the said licences were revoked.
### 3. Validation of records of the said irregular marriages.
- Certificates of marriages validated by section 2 and register-books and certified copies of true and duly authenticated extracts therefrom deposited in compliance with the provisions of the Indian Christian Marriage Act, 1872 (Central Act XV of 1872), shall, in so far as the register-books and extracts relate to such marriages be received as evidence of such marriages as if such marriages had been duly solemnized under the said Act.
|
65b9505aab84c7eca86e8dac | acts |
State of Himachal Pradesh - Act
---------------------------------
The Himachal Pradesh Copying Fees Act, 1969
---------------------------------------------
HIMACHAL PRADESH
India
The Himachal Pradesh Copying Fees Act, 1969
=============================================
Act 27 of 1969
----------------
* Published on 4 December 1969
* Commenced on 4 December 1969
The Himachal Pradesh Copying Fees Act, 1969
(Act
No 27 of 1969
)
For Statement of Objects and Reasons see R.H.P. Extra. dated the 19th September., 1969 page 860.
(Received the assent of the President of India on the 4th December, 1969, and was published in R.H.P. Extra., dated the 6th February, 1970 at pages 27-28)
An Act to facilitate the recovery of fees payable for copies made or supplied of records kept in offices under the control of Revenue, Judicial and other offices of Government in Himachal Pradesh.
Be it enacted by the Legislative Assembly of Himachal Pradesh n the twentieth Year of the Republic of India as follows:-
### 1. Short title, extent and commencement.
(1) This Act may be called the Himachal Pradesh Copying Fees Act, 1969.
(2) It extends to the whole of Himachal Pradesh.
(3) It shall come into force at once.
### 2. Definition.
- In this Act 'record' includes any portion of a record arid any document, plan, map or other paper attached thereto or forming part of the record of any suit or appeal, enquiry or trial or other proceeding in any court or office.
### 3. Mode of recovery of fees.
- When any copy of any record has been made at the request of any applicant or his agent and such applicant or his agent has refused to accept delivery of the same or when any copy has been supplied to any such applicant or his agent, and the fee or any portion of the fee leviable for the supply of such copy remains unpaid, the said fee or portion thereof may be recovered from the applicant as if it were an arrear of land revenue.
Provided that a pleader presenting such an application on behalf of a client will not be held personally responsible where the application bears the signature or thumb-impression of such client
### 4. Repeal and savings.
- The Punjab Copying Fees Act, 1936 (5 of 1936; as applied to Himachal Pradesh by the Himachal Pradesh (Application of Laws) Order, 1948 and as applied to Bilaspur by the Bilaspur (Application of Laws) Order, 1949 and the Punjab Copying Fees Act, 1936 in its application to the territories added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) are hereby repealed:
Provided that anything done or any action taken in exercise of the powers conferred by or under the provisions of the Act so repealed shall to the extent of its being consistent with the provisions of this Act be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act was n force on the day on which such thing was done or action taken.
|
65ba8325ab84c7eca86ebd47 | acts |
Union of India - Act
----------------------
The Companies (Share Capital and Debentures) Rules, 2014
----------------------------------------------------------
UNION OF INDIA
India
The Companies (Share Capital and Debentures) Rules, 2014
==========================================================
Rule THE-COMPANIES-SHARE-CAPITAL-AND-DEBENTURES-RULES-2014 of 2014
--------------------------------------------------------------------
* Published on 31 March 2014
* Commenced on 31 March 2014
The Companies (Share Capital and Debentures) Rules, 2014
Published vide Notification No. G.S.R. 265(E) , dated 31st March, 2014
Last Updated 19th August, 2019
Ministry of Corporate Affairs
G.S.R. 265(E) . - In exercise of the powers conferred under clause (a) (ii) of section 43, sub-clause (d) of sub-section (1) of section 54, sub-section (2) of 55, sub-section (1) of section 56, sub-section (3) of section 56, sub-section (1) of section 62, sub-section (2) of section 42, clause (f) of sub-section (2) of section 63, sub-section (1) of section 64 , clause (b) of sub-section 3 of section 67, sub-section (2) of section 68 sub-section (6) of section 68, sub-section (9) of section 68, sub-section (10) of section 68, sub-section (3) of section 71, sub-section (6) of section 71, sub-section (13) of section 71 and sub-sections (1) and (2) of section 72, read with sub-section (1) and (2) of section 469 of the Companies Act, 2013 (
18 of 2013
) and in supersession of the Companies (Central Government's) General Rules and Forms, 1956 or any other relevant rules prescribed under the Companies Act, 1956 (
1 of 1956
) on matters covered under these rules, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely :-
### 1. Short title and commencement.
(1) These rules may be called the Companies (Share Capital and Debentures) Rules, 2014.
(2) They shall come into force on the 1st day of April, 2014.
### 2. Definitions.
(1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Companies Act, 2013 (
18 of 2013
);
(b) "Annexure" means the Annexure to these rules;
(c) "Fees" means the fees as specified in the Companies (Registration offices and fees) Rules, 2014;
(d) "Form" or "e-form" means a form set forth in Annexure to these rules which shall be used for the matter to which it relates;
(e) "Regional Director" means the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director;
(f) "section" means the section of the Act.
(2) Words and expressions used in these rules but not defined and defined in the Act or in Companies (Specification of definitions details) Rules, 2014 shall have the meanings respectively assigned to them in the Act and said rules.
### 3. [ Application.
[Substituted by Notification No. 210(E) , dated 18.3.2015 (w.e.f. 31.3.2014).]
- The provisions of these rules shall apply to
(a) all unlisted public companies;
(b) all private companies; and
(c) listed companies, so far as they do not contradict or conflict with any other regulation framed in this regard by the Securities and Exchange Board of India.]
### 4. Equity shares with differential rights.
(1) No company limited by shares shall issue equity shares with differential rights as to dividend, voting or otherwise, unless it complies with the following conditions, namely:-
(a) the articles of association of the company authorises the issue of shares with differential rights;
(b) the issue of shares is authorised by an ordinary resolution passed at a general meeting of the shareholders:
Provided that where the equity shares of a company are listed on a recognized stock exchange, the issue of such shares shall be approved by the shareholders through postal ballot ;
(c) [ the voting power in respect of shares with differential rights of the company shall not exceed seventy four per cent. of total voting power including voting power in respect of equity shares with differential rights issued at any point of time;]
[Substituted by Notification No. G.S.R. 574(E) , dated 16.8.2019 (w.e.f. 31.3.2014).]
[\*\*\*]
[Omitted 'clause (d) ' by Notification No. G.S.R. 574(E), dated 16.8.2019 (w.e.f. 31.3.2014).]
(e) the company has not defaulted in filing financial statements and annual returns for three financial years immediately preceding the financial year in which it is decided to issue such shares;
(f) the company has no subsisting default in the payment of a declared dividend to its shareholders or repayment of its matured deposits or redemption of its preference shares or debentures that have become due for redemption or payment of interest on such deposits or debentures or payment of dividend;
(g) the company has not defaulted in payment of the dividend on preference shares or repayment of any term loan from a public financial institution or State level financial institution or scheduled Bank that has become repayable or interest payable thereon or dues with respect to statutory payments relating to its employees to any authority or default in crediting the amount in Investor Education and Protection Fund to the Central Government;
[Provided that a company may issue equity shares with differential rights upon expiry of five years from the end of the financial year in which such default was made good.]
[Inserted by Notification No. G.S.R. 704 (E) , dated 19.7.2016 (w.e.f. 31.3.2014).]
(h) the company has not been penalized by Court or Tribunal during the last three years of any offense under the Reserve Bank of India Act, 1934, the Securities and Exchange Board of India Act, 1992, the Securities Contracts Regulation Act, 1956, the Foreign Exchange Management Act, 1999 or any other special Act, under which such companies being regulated by sectoral regulators.
(2) The explanatory statement to be annexed to the notice of the general meeting in pursuance of section 102 or of a postal ballot in pursuance of section 110 shall contain the following particulars, namely:-
(a) the total number of shares to be issued with differential rights;
(b) the details of the differential rights ;
(c) the percentage of the shares with differential rights to the total post issue paid up equity share capital including equity shares with differential rights issued at any point of time;
(d) the reasons or justification for the issue;
(e) the price at which such shares are proposed to be issued either at par or at premium;
(f) the basis on which the price has been arrived at;
(g) (i)
in case of private placement or preferential issue-
(a) details of total number of shares proposed to be allotted to promoters, directors and key managerial personnel;
(b) details of total number of shares proposed to be allotted to persons other than promoters, directors and key managerial personnel and their relationship if any with any promoter, director or key managerial personnel;
(ii) in case of public issue - reservation, if any, for different classes of applicants including promoters, directors or key managerial personnel;
(h) the percentage of voting right which the equity share capital with differential voting right shall carry to the total voting right of the aggregate equity share capital;
(i) the scale or proportion in which the voting rights of such class or type of shares shall vary;
(j) the change in control, if any, in the company that may occur consequent to the issue of equity shares with differential voting rights;
(k) the diluted Earning Per Share pursuant to the issue of such shares, calculated in accordance with the applicable accounting standards;
(l) the pre and post issue shareholding pattern along with voting rights as per clause 35 of the listing agreement issued by Security Exchange Board of India from time to time.
(3) The company shall not convert its existing equity share capital with voting rights into equity share capital carrying differential voting rights and vice-versa.
(4) The Board of Directors shall, inter alia, disclose in the Board's Report for the financial year in which the issue of equity shares with differential rights was completed, the following details, namely:-
(a) the total number of shares allotted with differential rights;
(b) the details of the differential rights relating to voting rights and dividends;
(c) the percentage of the shares with differential rights to the total post issue equity share capital with differential rights issued at any point of time and percentage of voting rights which the equity share capital with differential voting right shall carry to the total voting right of the aggregate equity share capital;
(d) the price at which such shares have been issued;
(e) the particulars of promoters, directors or key managerial personnel to whom such shares are issued;
(f) the change in control, if any, in the company consequent to the issue of equity shares with differential voting rights;
(g) the diluted Earning Per Share pursuant to the issue of each class of shares, calculated in accordance with the applicable accounting standards;
(h) the pre and post issue shareholding pattern along with voting rights in the format specified under sub-rule (2) of rule 4.
(5) The holders of the equity shares with differential rights shall enjoy all other rights such as bonus shares, rights shares etc., which the holders of equity shares are entitled to, subject to the differential rights with which such shares have been issued.
(6) Where a company issues equity shares with differential rights, the Register of Members maintained under section 88 shall contain all the relevant particulars of the shares so issued along with details of the shareholders.
Explanation. - For the purposes of this rule, it is hereby clarified that differential rights attached to such shares issued by any company under the provisions of Companies Act, 1956, shall continue till such rights are converted with the differential rights in accordance with the provisions of the Companies Act, 2013.
### 5. Certificate of shares (where shares are not in demat form).
(1) Where a company issues any share capital, no certificate of any share or shares held in the company shall be issued, except -
(a) in pursuance of a resolution passed by the Board; and
(b) on surrender to the company of the letter of allotment or fractional coupons of requisite value, save in cases of issues against letters of acceptance or of renunciation, or in cases of issue of bonus shares:
Provided that if the letter of allotment is lost or destroyed, the Board may impose such reasonable terms, if any, as to seek supporting evidence and indemnity and the payment of out-of-pocket expenses incurred by the company in investigating evidence, as it may think fit.
(2) Every certificate of share or shares shall be in Form No. SH.1 or as near thereto as possible and shall specify the name(s) of the person(s) in whose favour the certificate is issued, the shares to which it relates and the amount paid-up thereon.
(3) Every certificate shall specify the shares to which it relates and the amount paid-up thereon and shall be signed by two directors or by a director and the company secretary, wherever the company has appointed company secretary:
Provided that in case the company has a common seal it shall be affixed in the presence of persons required to sign the certificate.
Explanation. - For the purposes of this sub-rule, it is hereby clarified that,-
[(a) in case of an One Person Company, it shall be sufficient if the certificate is signed by a [director or company secretary] and the company secretary or any other person authorised by the Board for the purpose.
(b) a [director or company secretary]
[Substituted 'director' by Notification No. G.S.R. 574(E) , dated 16.8.2019 (w.e.f. 31.3.2014).]
shall be deemed to have signed the share certificate if his signature is printed thereon as facsimile signature by means of any machine, equipment or other mechanical means such as engraving in metal or lithography or digitally signed, but not by means of rubber stamp, provided that the [director or company secretary]
[Substituted 'director' by Notification No. G.S.R. 574(E) , dated 16.8.2019 (w.e.f. 31.3.2014).]
shall be personally responsible for permitting the affixation of his signature thus and the safe custody of any machine, equipment or other material used for the purpose.]
(4) The particulars of every share certificate issued in accordance with sub-rule (1) shall be entered in the Register of Members maintained in accordance with the provisions of section 88 along with the name(s) of person(s) to whom it has been issued, indicating the date of issue.
### 6. Issue of renewed or duplicate share certificate.
(1) (a)
the certificate of any share or shares shall not be issued either in exchange for those which are sub-divided or consolidated or in replacement of those which are defaced, mutilated, torn or old, decrepit, worn out, or where the pages on the reverse for recording transfers have been duly utilised, unless the certificate in lieu of which it is issued is surrendered to the company:
Provided that the company may charge such fee as the Board thinks fit, not exceeding fifty rupees per certificate issued on splitting or consolidation of share certificate(s) or in replacement of share certificate(s) that are defaced, mutilated, torn or old, decrepit or worn out:
(b) Where a certificate is issued in any of the circumstances specified in this sub-rule, it shall be stated on the face of it and be recorded in the Register maintained for the purpose, that it is "Issued in lieu of share certificate No. ...... sub-divided/ replaced/ on consolidation" and also that no fee shall be payable pursuant to scheme of arrangement sanctioned by the High Court or Central Government:
(c) A company may replace all the existing certificates by new certificates upon sub-division or consolidation of shares or merger or demerger or any reconstitution without requiring old certificates to be surrendered subject to compliance with clause (a) of sub-rule (1) rule 5, sub-rule (2) of rule 5 and sub-rule (3) of rule 5.
(2) (a)
The duplicate share certificate shall be not issued in lieu of those that are lost or destroyed, without the prior consent of the Board and without payment of such fees as the Board thinks fit, not exceeding rupees fifty per certificate and on such reasonable terms, such as furnishing supporting evidence and indemnity and the payment of out-of-pocket expenses incurred by the company in investigating the evidence produced:
(b) Where a certificate is issued in any of the circumstances specified in this sub-rule, it shall be stated prominently on the face of it and be recorded in the Register maintained for the purpose, that it is "duplicate issued in lieu of share certificate No. ....." and the word "duplicate" shall be stamped or printed prominently on the face of the share certificate:
(c) In case unlisted companies, the duplicate share certificates shall be issued within a period of three months and in case of listed companies such certificate shall be issued [within forty-five days]
[Substituted by Notification No. 210(E) , dated 18.3.2015 (w.e.f. 31.3.2014).]
, from the date of submission of complete documents with the company respectively.
(3) (a)
The particulars of every share certificate issued in accordance with sub-rules (1) and (2) shall be entered forthwith in a Register of Renewed and Duplicate Share Certificates maintained in Form No.SH.2 indicating against the name(s) of the person(s) to whom the certificate is issued, the number and date of issue of the share certificate in lieu of which the new certificate is issued, and the necessary changes indicated in the Register of Members by suitable cross-references in the "Remarks" column.
(b) The register shall be kept at the registered office of the company or at such other place where the Register of Members is kept and it shall be preserved permanently and shall be kept in the custody of the company secretary of the company or any other person authorised by the Board for the purpose.
(c) All entries made in the Register of Renewed and Duplicate Share Certificates shall be authenticated by the company secretary or such other person as may be authorised by the Board for the purposes of sealing and signing the share certificate under the provisions of sub-rule (3) of rule 5.
### 7. Maintenance of share certificate forms and related books and documents.
(1) All blank forms to be used for issue of share certificates shall be printed and the printing shall be done only on the authority of a resolution of the Board and the blank form shall be consecutively machine-numbered and the forms and the blocks, engravings, facsimiles and hues relating to the printing of such forms shall be kept in the custody of the secretary or such other person as the Board may authorise for the purpose; and the company secretary or other person aforesaid shall be responsible for rendering an account of these forms to the Board.
(2) The following persons shall be responsible for the maintenance, preservation and safe custody of all books and documents relating to the issue of share certificates, including the blank forms of share certificates referred to in sub-rule (1), namely:-
(a) the committee of the Board, if so authorised by the Board or where the company has a company secretary, the company secretary; or
(b) where the company has no company secretary, a Director specifically authorised by the Board for such purpose.
(3) All books referred to in sub-rule (2) shall be preserved in good order not less than thirty years and in case of disputed cases, shall be preserved permanently, and all certificates surrendered to a company shall immediately be defaced by stamping or printing the word "cancelled" in bold letters and may be destroyed after the expiry of three years from the date on which they are surrendered, under the authority of a resolution of the Board and in the presence of a person duly appointed by the Board in this behalf:
Provided that nothing in this sub-rule shall apply to cancellation of the certificates of securities, under sub-section (2) of section 6 of the Depositories Act, 1996 (
22 of 1996
), when such certificates are cancelled in accordance with sub-regulation (5) of regulation 54 of the Securities and Exchange Board of India (Depositories and Participants) Regulations, 1996, made under section 30 of the Securities and Exchange Board of India Act, 1992 (
15 of 1992
) read with section 25 of the Depositories Act, 1996 (
22 of 1996
).
### 8. Issue of sweat equity shares.
(1) A company other than a listed company, which is not required to comply with the Securities and Exchange Board of India Regulations on sweat equity, shall not issue sweat equity shares to its directors or employees at a discount or for consideration other than cash, for their providing knowhow or making available rights in the nature of intellectual property rights or value additions, by whatever name called, unless the issue is authorised by a special resolution passed by the company in general meeting.
Explanation. - For the purposes of this rule-
(i) the expressions "Employee" means-
(a) a permanent employee of the company who has been working in India or outside India, [\*\*\*]
[Omitted 'for at least last one year' by Notification No. G.S.R. 434(E) , dated 7.5.2018 (w.e.f. 31.3.2014).]
; or
(b) a director of the company, whether a whole time director or not; or
(c) an employee or a director as defined in sub-clauses (a) or (b) above of a subsidiary, in India or outside India, or of a holding company of the company;
(ii) the expression 'Value additions' means actual or anticipated economic benefits derived or to be derived by the company from an expert or a professional for providing know-how or making available rights in the nature of intellectual property rights, by such person to whom sweat equity is being issued for which the consideration is not paid or included in the normal remuneration payable under the contract of employment, in the case of an employee.
(2) The explanatory statement to be annexed to the notice of the general meeting pursuant to section 102 shall contain the following particulars, namely:-
(a) the date of the Board meeting at which the proposal for issue of sweat equity shares was approved;
(b) the reasons or justification for the issue;
(c) the class of shares under which sweat equity shares are intended to be issued;
(d) the total number of shares to be issued as sweat equity;
(e) the class or classes of directors or employees to whom such equity shares are to be issued;
(f) the principal terms and conditions on which sweat equity shares are to be issued, including basis of valuation ;
(g) the time period of association of such person with the company;
(h) the names of the directors or employees to whom the sweat equity shares will be issued and their relationship with the promoter or/and Key Managerial Personnel;
(i) the price at which the sweat equity shares are proposed to be issued;
(j) the consideration including consideration other than cash, if any to be received for the sweat equity;
(k) the ceiling on managerial remuneration, if any, be breached by issuance of such sweat equity and how it is proposed to be dealt with;
(l) a statement to the effect that the company shall conform to the applicable accounting standards; and
(m) diluted Earning Per Share pursuant to the issue of sweat equity shares, calculated in accordance with the applicable accounting standards.
(3) The special resolution authorising the issue of sweat equity shares shall be valid for making the allotment within a period of not more than twelve months from the date of passing of the special resolution.
(4) The company shall not issue sweat equity shares for more than fifteen percent of the existing paid up equity share capital in a year or shares of the issue value of rupees five crores, whichever is higher:
Provided that the issuance of sweat equity shares in the Company shall not exceed twenty five percent, of the paid up equity capital of the Company at any time.
[Provided that in case of a startup company, as defined in notification number GSR 180(E) dated 17th February, 2016 issued by the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry Government of India, Government of India, the conditions mentioned in sub-clause (i) and (ii) shall not apply upto five years from the date of its incorporation or registration.]
[Inserted by Notification No. G.S.R. 704 (E) , dated 19.7.2016 (w.e.f. 31.3.2014).]
(5) The sweat equity shares issued to directors or employees shall be locked in/non transferable for a period of three years from the date of allotment and the fact that the share certificates are under lock-in and the period of expiry of lock in shall be stamped in bold or mentioned in any other prominent manner on the share certificate.
(6) The sweat equity shares to be issued shall be valued at a price determined by a registered valuer as the fair price giving justification for such valuation.
(7) The valuation of intellectual property rights or of know how or value additions for which sweat equity shares are to be issued, shall be carried out by a registered valuer, who shall provide a proper report addressed to the Board of directors with justification for such valuation.
(8) A copy of gist along with critical elements of the valuation report obtained under clause (6) and clause (7) shall be sent to the shareholders with the notice of the general meeting.
(9) Where sweat equity shares are issued for a non-cash consideration on the basis of a valuation report in respect thereof obtained from the registered valuer, such non-cash consideration shall be treated in the following manner in the books of account of the company-
(a) where the non-cash consideration takes the form of a depreciable or amortisable asset, it shall be carried to the balance sheet of the company in accordance with the accounting standards; or
(b) where clause (a) is not applicable, it shall be expensed as provided in the accounting standards.
(10) The amount of sweat equity shares issued shall be treated as part of managerial remuneration for the purposes of sections 197 and 198 of the Act, if the following conditions are fulfilled, namely.-
(a) the sweat equity shares are issued to any director or manager; and
(b) they are issued for consideration other than cash, which does not take the form of an asset which can be carried to the balance sheet of the company in accordance with the applicable accounting standards.
(11) In respect of sweat equity shares issued during an accounting period, the accounting value of sweat equity shares shall be treated as a form of compensation to the employee or the director in the financial statements of the company, if the sweat equity shares are not issued pursuant to acquisition of an asset.
(12) If the shares are issued pursuant to acquisition of an asset, the value of the asset, as determined by the valuation report, shall be carried in the balance sheet as per the Accounting Standards and such amount of the accounting value of the sweat equity shares that is in excess of the value of the asset acquired, as per the valuation report, shall be treated as a form of compensation to the employee or the director in the financial statements of the company.
Explanation. - For the purposes of this sub-rule, it is hereby clarified that the Accounting value shall be the fair value of the sweat equity shares as determined by a registered valuer under sub-rule (6) .
(13) The Board of Directors shall, inter alia, disclose in the Directors' Report for the year in which such shares are issued, the following details of issue of sweat equity shares namely:-
(a) the class of director or employee to whom sweat equity shares were issued;
(b) the class of shares issued as Sweat Equity Shares;
(c) the number of sweat equity shares issued to the directors, key managerial personnel or other employees showing separately the number of such shares issued to them, if any, for consideration other than cash and the individual names of allottees holding one percent or more of the issued share capital;
(d) the reasons or justification for the issue;
(e) the principal terms and conditions for issue of sweat equity shares, including pricing formula;
(f) the total number of shares arising as a result of issue of sweat equity shares;
(g) the percentage of the sweat equity shares of the total post issued and paid up share capital;
(h) the consideration (including consideration other than cash) received or benefit accrued to the company from the issue of sweat equity shares;
(i) the diluted Earnings Per Share (EPS) pursuant to issuance of sweat equity shares.
(14) (a)
The company shall maintain a Register of Sweat Equity Shares in Form No. SH. and shall forthwith enter therein the particulars of Sweat Equity Shares issued under section 54.
(b) The Register of Sweat Equity Shares shall be maintained at the registered office of the company or such other place as the Board may decide.
(c) The entries in the register shall be authenticated by the Company Secretary of the company or by any other person authorised by the Board for the purpose.
### 9. Issue and redemption of preference shares.
(1) A company having a share capital may, if so authorised by its articles, issue preference shares subject to the following conditions, namely:-
(a) the issue of such shares has been authorised by passing a special resolution in the general meeting of the company
(b) the company, at the time of such issue of preference shares, has no subsisting default in the redemption of preference shares issued either before or after the commencement of this Act or in payment of dividend due on any preference shares.
(2) A company issuing preference shares shall set out in the resolution, particulars in respect of the following matters relating to such shares, namely:-
(a) the priority with respect to payment of dividend or repayment of capital vis-a-vis equity shares;
(b) the participation in surplus fund;
(c) the participation in surplus assets and profits, on winding-up which may remain after the entire capital has been repaid;
(d) the payment of dividend on cumulative or non-cumulative basis.
(e) the conversion of preference shares into equity shares.
(f) the voting rights;
(g) the redemption of preference shares.
(3) The explanatory statement to be annexed to the notice of the general meeting pursuant to section 102 shall, inter-alia, provide the complete material facts concerned with and relevant to the issue of such shares, including-
(a) the size of the issue and number of preference shares to be issued and nominal value of each share;
(b) the nature of such shares i.e. cumulative or non-cumulative, participating or non-participating , convertible or non-convertible
(c) the objectives of the issue;
(d) the manner of issue of shares;
(e) the price at which such shares are proposed to be issued;
(f) the basis on which the price has been arrived at;
(g) the terms of issue, including terms and rate of dividend on each share, etc.;
(h) the terms of redemption, including the tenure of redemption, redemption of shares at premium and if the preference shares are convertible, the terms of conversion;
(i) the manner and modes of redemption;
(j) the current shareholding pattern of the company;
(k) the expected dilution in equity share capital upon conversion of preference shares.
(4) Where a company issues preference shares, the Register of Members maintained under section 88 shall contain the particulars in respect of such preference share holder(s).
(5) A company intending to list its preference shares on a recognized stock exchange shall issue such shares in accordance with the regulations made by the Securities and Exchange Board of India in this behalf.
(6) A company may redeem its preference shares only on the terms on which they were issued or as varied after due approval of preference shareholders under section 48 of the Act and the preference shares may be redeemed:-
(a) at a fixed time or on the happening of a particular event;
(b) any time at the company's option; or
(c) any time at the shareholder's option.
### 10. Issue and redemption of preference shares by company in infrastructural projects.
- A company engaged in the setting up and dealing with of infrastructural projects may issue preference shares for a period exceeding twenty years but not exceeding thirty years, subject to the redemption of a minimum ten percent of such preference shares per year from the twenty first year onwards or earlier, on proportionate basis, at the option of the preference shareholders.
### 11. Instrument of transfer.
(1) An instrument of transfer of securities held in physical form shall be in Form No.SH.4 and every instrument of transfer with the date of its execution specified thereon shall be delivered to the company within sixty days from the date of such execution.
(2) In the case of a company not having share capital, provisions of sub-rule (1) shall apply as if the references therein to securities were references instead to the interest of the member in the company.
(3) A company shall not register a transfer of partly paid shares, unless the company has given a notice in Form No. SH.5 to the transferee and the transferee has given no objection to the transfer within two weeks from the date of receipt of notice.
### 12. Issue of employee stock options.
- A company, other than a listed company, which is not required to comply with Securities and Exchange Board of India Employee Stock Option Scheme Guidelines shall not offer shares to its employees under a scheme of employees' stock option (hereinafter referred to as "Employees Stock Option Scheme"), unless it complies with the following requirements, namely:-
(1) the issue of Employees Stock Option Scheme has been approved by the shareholders of the company by passing a special resolution.
Explanation: For the purposes of clause (b) of sub-section (1) of section 62 and this rule "Employee" means
(a) a permanent employee of the company who has been working in India or outside India; or
(b) a director of the company, whether a whole time director or not but excluding an independent director; or
(c) an employee as defined in clauses (a) or (b) of a subsidiary, in India or outside India, or of a holding company of the company [\* \* \*]
[Omitted "or of an associate company" by Notification No. 210(E) , dated 18.3.2015 (w.e.f. 31.3.2014).]
but does not include -
(i) an employee who is a promoter or a person belonging to the promoter group; or
(ii) a director who either himself or through his relative or through any body corporate, directly or indirectly, holds more than ten percent of the outstanding equity shares of the company.
[Provided that in case of a startup company, as defined in notification number [G.S.R. 127(E) , dated 19th February, 2019 issued by the Department for Promotion of Industry and Internal Trade]
[Inserted by the Companies (Share Capital and Debentures) Third Amendment Rules, 2016, w.e.f. 19-7-2016.]
, Ministry of Commerce and Industry Government of India, the conditions mentioned in sub-clauses (i) and (ii) shall not apply up to [ten years]
[Substituted 'five years' by Notification No. G.S.R. 574(E) , dated 16.8.2019 (w.e.f. 31.3.2014).]
from the date of its incorporation or registration.]
[Substituted by Notification No. G.S.R. 363(E) , dated 10.4.2018 (w.e.f. 31.3.2014).]
(2) The company shall make the following disclosures in the explanatory statement annexed to the notice for passing of the resolution -
(a) the total number of stock options to be granted;
(b) identification of classes of employees entitled to participate in the Employees Stock Option Scheme;
(c) the appraisal process for determining the eligibility of employees to the Employees Stock Option Scheme;
(d) the requirements of vesting and period of vesting;
(e) the maximum period within which the options shall be vested;
(f) the exercise price or the formula for arriving at the same;
(g) the exercise period and process of exercise;
(h) the Lock-in period, if any ;
(i) the maximum number of options to be granted per employee and in aggregate;
(j) the method which the company shall use to value its options;
(k) the conditions under which option vested in employees may lapse e.g. in case of termination of employment for misconduct;
(l) the specified time period within which the employee shall exercise the vested options in the event of a proposed termination of employment or resignation of employee; and
(m) a statement to the effect that the company shall comply with the applicable accounting standards.
(3) The companies granting option to its employees pursuant to Employees Stock Option Scheme will have the freedom to determine the exercise price in conformity with the applicable accounting policies, if any.
(4) The approval of shareholders by way of separate resolution shall be obtained by the company in case of-
(a) grant of option to employees of subsidiary or holding company; or
(b) grant of option to identified employees, during any one year, equal to or exceeding one percent of the issued capital (excluding outstanding warrants and conversions) of the company at the time of grant of option.
(5) (a)
The company may by special resolution, vary the terms of Employees Stock Option Scheme not yet exercised by the employees provided such variation is not prejudicial to the interests of the option holders.
(b) The notice for passing special resolution for variation of terms of Employees Stock Option Scheme shall disclose full of the variation, the rationale therefor, and the details of the employees who are beneficiaries of such variation.
(6) (a)
There shall be a minimum period of one year between the grant of options and vesting of option:
Provided that in a case where options are granted by a company under its Employees Stock Option Scheme in lieu of options held by the same person under an Employees Stock Option Scheme in another company, which has merged or amalgamated with the first mentioned company, the period during which the options granted by the merging or amalgamating company were held by him shall be adjusted against the minimum vesting period required under this clause;
(b) The company shall have the freedom to specify the lock-in period for the shares issued pursuant to exercise of option.
(c) The Employees shall not have right to receive any dividend or to vote or in any manner enjoy the benefits of a shareholder in respect of option granted to them, till shares are issued on exercise of option.
(7) The amount, if any, payable by the employees, at the time of grant of option-
(a) may be forfeited by the company if the option is not exercised by the employees within the exercise period; or
(b) the amount may be refunded to the employees if the options are not vested due to non-fulfilment of conditions relating to vesting of option as per the Employees Stock Option Scheme.
(8) (a)
The option granted to employees shall not be transferable to any other person.
(b) The option granted to the employees shall not be pledged, hypothecated, mortgaged or otherwise encumbered or alienated in any other manner.
(c) Subject to clause (d), no person other than the employees to whom the option is granted shall be entitled to exercise the option.
(d) In the event of the death of employee while in employment, all the options granted to him till such date shall vest in the legal heirs or nominees of the deceased employee.
(e) In case the employee suffers a permanent incapacity while in employment, all the options granted to him as on the date of permanent incapacitation, shall vest in him on that day.
(f) In the event of resignation or termination of employment, all options not vested in the employee as on that day shall expire. However, the employee can exercise the options granted to him which are vested within the period specified in this behalf, subject to the terms and conditions under the scheme granting such options as approved by the Board.
(9) The Board of directors, shall, inter alia, disclose in the Directors' Report for the year, the following details of the Employees Stock Option Scheme:
(a) options granted;
(b) options vested;
(c) options exercised;
(d) the total number of shares arising as a result of exercise of option;
(e) options lapsed;
(f) the exercise price;
(g) variation of terms of options;
(h) money realized by exercise of options;
(i) total number of options in force;
(j) employee wise details of options granted to;-
(i) key managerial personnel;
(ii) any other employee who receives a grant of options in any one year of option amounting to five percent or more of options granted during that year.
(iii) identified employees who were granted option, during any one year, equal to or exceeding one percent of the issued capital (excluding outstanding warrants and conversions) of the company at the time of grant;
(10) (a)
The company shall maintain a Register of Employee Stock Options in Form No. SH.6 and shall forthwith enter therein the particulars of option granted under clause (b) of sub-section (1) of section 62.
(b) The Register of Employee Stock Options shall be maintained at the registered office of the company or such other place as the Board may decide.
(c) The entries in the register shall be authenticated by the company secretary of the company or by any other person authorised by the Board for the purpose.
(11) Where the equity shares of the company are listed on a recognized stock exchange, the Employees Stock Option Scheme shall be issued, in accordance with the regulations made by the Securities and Exchange Board of India in this behalf.
### 13. Issue of shares on preferential basis.
(1) For the purposes of clause (c) of sub-section (1) of section 62, If authorised by a special resolution passed in a general meeting, shares may be issued by any company in any manner whatsoever including by way of a preferential offer, to any persons whether or not those persons include the persons referred to in clause (a) or clause (b) of sub-section (1) of section 62 and such issue on preferential basis should also comply with conditions laid down in section 42 of the Act:
[Provided that in case of any preferential offer made by a company to one or more existing members only, the provisions of sub-rule (1) and proviso to sub-rule (1) and proviso to sub-rule (3) of rule 14 of Companies (Prospectus and Allotment of Securities) Rules, 2014 shall not apply.]
[Inserted by Notification No. 210(E) , dated 18.3.2015 (w.e.f. 31.3.2014).]
[Provided further that]
[Substituted by Notification No. 210(E) , dated 18.3.2015 (w.e.f. 31.3.2014).]
the price of shares to be issued on a preferential basis by a listed company shall not be required to be determined by the valuation report of a registered valuer.
Explanation.- For the purposes of this rule, (i) the expression 'Preferential Offer' means an issue of shares or other securities, by a company to any select person or group of persons on a preferential basis and does not include shares or other securities offered through a public issue, rights issue, employee stock option scheme, employee stock purchase scheme or an issue of sweat equity shares or bonus shares or depository receipts issued in a country outside India or foreign securities;
(ii) the expression, "shares or other securities" means equity shares, fully convertible debentures, partly convertible debentures or any other securities, which would be convertible into or exchanged with equity shares at a later date.
(2) Where the preferential offer of shares or other securities is made by a company whose share or other securities are listed on a recognized stock exchange, such preferential offer shall be made in accordance with the provisions of the Act and regulations made by the Securities and Exchange Board, and if they are not listed, the preferential offer shall be made in accordance with the provisions of the Act and rules made hereunder and subject to compliance with the following requirements, namely:-
(a) the issue is authorised by its articles of association;
(b) the issue has been authorised by a special resolution of the members;
[\* \* \*]
[Omitted '(c) the securities allotted by way of preferential offer shall be made fully paid up at the time of their allotment.' by Notification No. G.S.R. 704 (E), dated 19.7.2016 (w.e.f. 31.3.2014).]
(d) The company shall make the following disclosures in the explanatory statement to be annexed to the notice of the general meeting pursuant to section 102 of the Act:
(i) the objects of the issue;
(ii) the total number of shares or other securities to be issued;
(iii) the price or price band at/within which the allotment is proposed;
(iv) basis on which the price has been arrived at along with report of the registered valuer;
(v) relevant date with reference to which the price has been arrived at;
(vi) the class or classes of persons to whom the allotment is proposed to be made;
(vii) intention of promoters, directors or key managerial personnel to subscribe to the offer;
(viii) the proposed time within which the allotment shall be completed;
(ix) the names of the proposed allottees and the percentage of post preferential offer capital that may be held by them;
(x) the change in control, if any, in the company that would occur consequent to the preferential offer;
(xi) the number of persons to whom allotment on preferential basis have already been made during the year, in terms of number of securities as well as price;
(xii) the justification for the allotment proposed to be made for consideration other than cash together with valuation report of the registered valuer.
(xiii) The pre issue and post issue shareholding pattern of the company in the following format-
| | | | |
| --- | --- | --- | --- |
|
Sr. No.
|
Category
|
Pre Issue
|
Post Issue
|
|
|
|
No. of Shares held
|
% of share holding
|
No. of shares held
|
% of share holding
|
|
A
|
Promoters’ holding :
|
|
|
|
|
|
1
|
Indian :
|
|
|
|
|
|
|
Individual
|
|
|
|
|
|
|
Bodies Corporate
|
|
|
|
|
|
|
Sub Total
|
|
|
|
|
|
2
|
Foreign Promoters
|
|
|
|
|
|
|
Sub Total (A) |
|
|
|
|
|
B
|
Non-Promoters’ holding :
|
|
|
|
|
|
1.
|
Institutional Investors
|
|
|
|
|
|
2.
|
Non-Institution :
|
|
|
|
|
|
|
Private Corporate Bodies
|
|
|
|
|
|
|
Directors and Relatives
|
|
|
|
|
|
|
Indian Public
|
|
|
|
|
|
|
Others (Including NRIs)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Sub Total(B) |
|
|
|
|
|
|
GRAND TOTAL
|
|
|
|
|
(e) the allotment of securities on a preferential basis made pursuant to the special resolution passed pursuant to sub-rule (2)(b) shall be completed within a period of twelve months from the date of passing of the special resolution.
(f) if the allotment of securities is not completed within twelve months from the date of passing of the special resolution, another special resolution shall be passed for the company to complete such allotment thereafter.
(g) the price of the shares or other securities to be issued on a preferential basis, either for cash or for consideration other than cash, shall be determined on the basis of valuation report of a registered valuer;
(h) [ where convertible securities are offered on a preferential basis with an option to apply for and get equity shares allotted, the price of the resultant shares pursuant to conversion shall be determined-
[Substituted by Notification No. G.S.R. 704 (E) , dated 19.7.2016 (w.e.f. 31.3.2014).]
(i) either upfront at the time when the offer of convertible securities is made, on the basis of valuation report of the registered valuer given at the stage of such offer, or
(ii) at the time, which shall not be earlier than thirty days to the date when the holder of convertible security becomes entitled to apply for shares, on the basis of valuation report of the registered valuer given not earlier than sixty days of the date when the holder of convertible security becomes entitled to apply for shares:
Provided that the company shall take a decision on sub-clauses (i) or (ii) at the time of offer of convertible security itself and make such disclosure under sub-clause (v) of clause (d) of sub-rule (2) of this rule.]
(i) where shares or other securities are to be allotted for consideration other than cash, the valuation of such consideration shall be done by a registered valuer who shall submit a valuation report to the company giving justification for the valuation;
(j) where the preferential offer of shares is made for a non-cash consideration, such non-cash consideration shall be treated in the following manner in the books of account of the company -
(i) where the non-cash consideration takes the form of a depreciable or amortizable asset, it shall be carried to the balance sheet of the company in accordance with the accounting standards; or
(ii) where clause (i) is not applicable, it shall be expensed as provided in the accounting standards.
### 14. Issue of Bonus Shares.
- The company which has once announced the decision of its Board recommending a bonus issue, shall not subsequently withdraw the same.
### 15. Notice to Registrar for alteration of share capital.
- Where a company alters its share capital in any manner specified in sub-section (1) of section 61, or an order is passed by the Government increasing the authorised capital of the company in pursuance of sub-section (4) read with sub-section (6) of section 62 or a company redeems any redeemable preference shares, [or a company not having share capital increases number of its members]
[Inserted by Notification No. G.S.R. 704 (E) , dated 19.7.2016 (w.e.f. 31.3.2014).]
the notice of such alteration, increase or redemption shall be filed by the company with the Registrar in Form No. SH.7 along with the fee.
### 16. Provision of money by company for purchase of its own shares by employees or by trustees for the benefit of employees.
(1) The company shall not make a provision of money for the purchase of, or subscription for, shares in the company or its holding company, if the purchase of, or the subscription for, the shares by trustees is for the shares to be held by or for the benefit of the employees of the company, unless it complies with the following conditions, namely:-
(a) the scheme of provision of money for purchase of or subscription for the shares as aforesaid is approved by the members by passing special resolution in a general meeting;
(b) such purchase of shares shall be made only through a recognized stock exchange in case the shares of the company are listed and not by way of private offers or arrangements;
(c) where shares of a company are not listed on a recognized stock exchange, the valuation at which shares are to be purchased shall be made by a registered valuer;
(d) the value of shares to be purchased or subscribed in the aggregate together with the money provided by the company shall not exceed five per cent. of the aggregate of paid up capital and free reserves of the company;
(2) The explanatory statement to be annexed to the notice of the general meeting to be convened pursuant to section 102 shall, in addition to the particulars mentioned in sub-rule (1) of rule 18, contain the following particulars, namely:-
(a) the class of employees for whose benefit the scheme is being implemented and money is being provided for purchase of or subscription to shares;
(b) the particulars of the trustee or employees in whose favour such shares are to be registered;
(c) the particulars of trust and name, address, occupation and nationality of trustees and their relationship with the promoters, directors or key managerial personnel, if any;
(d) the any interest of key managerial personnel, directors or promoters in such scheme or trust and effect thereof;
(e) the detailed particulars of benefits which will accrue to the employees from the implementation of the scheme;
(f) the details about who would exercise and how the voting rights in respect of the shares to be purchased or subscribed under the scheme would be exercised;
(3) A person shall not be appointed as a trustee to hold such shares, if he-
(a) is a director, key managerial personnel or promoter of the company or its holding, subsidiary or associate company or any relative of such director, key managerial personnel or promoter; or
(b) beneficially holds ten percent or more of the paid-up share capital of the company.
(4) Where the voting rights are not exercised directly by the employees in respect of shares to which the scheme relates, the Board of Directors shall, inter alia, disclose in the Board's report for the relevant financial year the following details, namely:-
(a) the names of the employees who have not exercised the voting rights directly;
(b) the reasons for not voting directly;
(c) the name of the person who is exercising such voting rights;
(d) the number of shares held by or in favour of, such employees and the percentage of such shares to the total paid up share capital of the company;
(e) the date of the general meeting in which such voting power was exercised;
(f) the resolutions on which votes have been cast by persons holding such voting power;
(g) the percentage of such voting power to the total voting power on each resolution;
(h) whether the votes were cast in favour of or against the resolution.
### 17. Buy-back of shares or other securities.
- Unless stated otherwise, the following norms shall be complied with by the private companies and unlisted public companies for buy-back of their securities-
(1) The explanatory statement to be annexed to the notice of the general meeting pursuant to section 102 shall contain the following disclosures, namely:-
(a) the date of the board meeting at which the proposal for buy-back was approved by the board of directors of the company;
(b) the objective of the buy-back;
(c) the class of shares or other securities intended to be purchased under the buy-back;
(d) the number of securities that the company proposes to buy-back;
(e) the method to be adopted for the buy-back;
(f) the price at which the buy-back of shares or other securities shall be made;
(g) the basis of arriving at the buy-back price;
(h) the maximum amount to be paid for the buy-back and the sources of funds from which the buy-back would be financed;
(i) the time-limit for the completion of buy-back;
(j) (i)
the aggregate shareholding of the promoters and of the directors of the promoter, where the promoter is a company and of the directors and key managerial personnel as on the date of the notice convening the general meeting;
(ii) the aggregate number of equity shares purchased or sold by persons mentioned in sub-clause (i) during a period of twelve months preceding the date of the board meeting at which the buy-back was approved and from that date till the date of notice convening the general meeting;
(iii) the maximum and minimum price at which purchases and sales referred to in sub-clause (ii) were made along with the relevant date;
(k) if the persons mentioned in sub-clause (i) of clause (j) intend to tender their shares for buy-back -
(i) the quantum of shares proposed to be tendered;
(iii) the details of their transactions and their holdings for the last twelve months prior to the date of the board meeting at which the buy-back was approved including information of number of shares acquired, the price and the date of acquisition;
(l) a confirmation that there are no defaults subsisting in repayment of deposits, interest payment thereon, redemption of debentures or payment of interest thereon or redemption of preference shares or payment of dividend due to any shareholder, or repayment of any term loans or interest payable thereon to any financial institution or banking company;
(m) a confirmation that the Board of directors have made a full enquiry into the affairs and prospects of the company and that they have formed the opinion-
(i) that immediately following the date on which the general meeting is convened there shall be no grounds on which the company could be found unable to pay its debts;
(ii) as regards its prospects for the year immediately following that date, that, having regard to their intentions with respect to the management of the company's business during that year and to the amount and character of the financial resources which will in their view be available to the company during that year, the company shall be able to meet its liabilities as and when they fall due and shall not be rendered insolvent within a period of one year from that date; and
(iii) the directors have taken into account the liabilities (including prospective and contingent liabilities), as if the company were being wound up under the provisions of the Companies Act, 2013
(n) a report addressed to the Board of directors by the company's auditors stating that-
(i) they have inquired into the company's state of affairs;
(ii) the amount of the permissible capital payment for the securities in question is in their view properly determined;
(iii) that the audited accounts on the basis of which calculation with reference to buy back is done is not more than six months old from the date of offer document; and
[Provided that where the audited accounts are more than six months old, the calculations with reference to buy back shall be on the basis of un-audited accounts not older than six months from the date of offer document which are subjected to limited review by the auditors of the company.]
[Inserted by Notification No. G.S.R. 290 (E) , dated 10.3.2016 (w.e.f. 31.3.2014).]
(iv) the Board of directors have formed the opinion as specified in clause (m) on reasonable grounds and that the company, having regard to its state of affairs, shall not be rendered insolvent within a period of one year from that date.
(2) The company which has been authorised by a special resolution shall, before the buy-back of shares, file with the Registrar of Companies a letter of offer in Form No. SH.8, along with the fee:
Provided that such letter of offer shall be dated and signed on behalf of the Board of directors of the company by not less than two directors of the company, one of whom shall be the managing director, where there is one.
(3) The company shall file with the Registrar, along with the letter of offer, and in case of a listed company with the Registrar and the Securities and Exchange Board, a declaration of solvency in Form No. SH.9 along with the fee and signed by at least two directors of the company, one of whom shall be the managing director, if any, and verified by an affidavit as specified in the said Form.
(4) The letter of offer shall be dispatched to the shareholders or security holders immediately after filing the same with the Registrar of Companies but not later than twenty days from its filing with the Registrar of Companies.
(5) The offer for buy-back shall remain open for a period of not less than fifteen days and not exceeding thirty days from the date of dispatch of the letter of offer.
[Provided that where all members of a company agree, the offer for buy-back may remain open for a period less than fifteen days.]
[Inserted by Notification No. G.S.R. 358(E) , dated 29.3.2016 (w.e.f. 31.3.2014).]
(6) In case the number of shares or other specified securities offered by the shareholders or security holders is more than the total number of shares or securities to be bought back by the company, the acceptance per shareholder shall be on proportionate basis out of the total shares offered for being bought back.
(7) The company shall complete the verifications of the offers received within fifteen days from the date of closure of the offer and the shares or other securities lodged shall be deemed to be accepted unless a communication of rejection is made within twenty one days from the date of closure of the offer.
(8) The company shall immediately after the date of closure of the offer, open a separate bank account and deposit therein, such sum, as would make up the entire sum due and payable as consideration for the shares tendered for buy-back in terms of these rules.
(9) The company shall within seven days of the time specified in sub-rule (7)-
(a) make payment of consideration in cash to those shareholders or security holders whose securities have been accepted; or
(b) return the share certificates to the shareholders or security holders whose securities have not been accepted at all or the balance of securities in case of part acceptance.
(10) The company shall ensure that-
(a) the letter of offer shall contain true, factual and material information and shall not contain any misleading information and must state that the directors of the company accept the responsibility for the information contained in such document;
(b) the company shall not issue any new shares including by way of bonus shares from the date of passing of special resolution authorising the buy-back till the date of the closure of the offer under these rules, except those arising out of any outstanding convertible instruments;
(c) the company shall confirm in its offer the opening of a separate bank account adequately funded for this purpose and to pay the consideration only by way of cash;
(d) the company shall not withdraw the offer once it has announced the offer to the shareholders;
(e) the company shall not utilise any money borrowed from banks or financial institutions for the purpose of buying back its shares; and
(f) the company shall not utilise the proceeds of an earlier issue of the same kind of shares or same kind of other specified securities for the buy-back.
(12) (a)
The company, shall maintain a register of shares or other securities which have been bought-back in Form No. SH.10.
(b) The register of shares or securities bought-back shall be maintained at the registered office of the company and shall be kept in the custody of the secretary of the company or any other person authorised by the board in this behalf.
(c) The entries in the register shall be authenticated by the secretary of the company or by any other person authorised by the Board for the purpose.
(13) The company, after the completion of the buy-back under these rules, shall file with the Registrar, and in case of a listed company with the Registrar and the Securities and Exchange Board of India, a return in the Form No. SH.11 along with the fee.
(14) There shall be annexed to the return filed with the Registrar in Form No. SH.11, a certificate in Form No. SH.15 signed by two directors of the company including the managing director, if any, certifying that the buy-back of securities has been made in compliance with the provisions of the Act and the rules made thereunder.
### 18. Debentures.
(1) The company shall not issue secured debentures, unless it complies with the following conditions, namely:-
(a) An issue of secured debentures may be made, provided the date of its redemption shall not exceed ten years from the date of issue.
Provided that a company engaged in the setting up of infrastructure projects may issue secured debentures for a period exceeding ten years but not exceeding thirty years;
(b) [ Such an issue of debentures shall be secured by the creation of a charge on the properties or assets of the company or its subsidiaries or its holding company or its associates companies, having a value which is sufficient for the due repayment of the amount of debentures and interest thereon.]
[Substituted by Notification No. G.S.R. 704 (E) , dated 19.7.2016 (w.e.f. 31.3.2014).]
(c) the company shall appoint a debenture trustee before the issue of prospectus or letter of offer for subscription of its debentures and not later than sixty days after the allotment of the debentures, execute a debenture trust deed to protect the interest of the debenture holders ; and
(d) the security for the debentures by way of a charge or mortgage shall be created in favour of the debenture trustee on-
(i) [ any specific movable property of the company or its holding company or subsidiaries or associate companies or otherwise.]
[Substituted by Notification No. 210(E) , dated 18.3.2015 (w.e.f. 31.3.2014).]
(ii) any specific immovable property wherever situate, or any interest therein.
Provided that in case of a non-banking financial company, the charge or mortgage under sub-clause (i) may be created on any movable property.]
[Provided further that in case of any issue of debentures by a Government company which is fully secured by the guarantee given by the Central Government or one or more State Government or by both, the requirement for creation of charge under this sub-rule shall not apply.
Provided also that in case of any loan taken by a subsidiary company from any bank or financial institution the charge or mortgage under this sub-rule may also be created on the properties or assets of the holding company;]
[Inserted by Notification No. 210(E) , dated 18.3.2015 (w.e.f. 31.3.2014).]
(2) The company shall appoint debenture trustees under sub-section (5) of section 71, after complying with the following conditions, namely:-
(a) the names of the debenture trustees shall be stated in letter of offer inviting subscription for debentures and also in all the subsequent notices or other communications sent to the debenture holders;
(b) before the appointment of debenture trustee or trustees, a written consent shall be obtained from such debenture trustee or trustees proposed to be appointed and a statement to that effect shall appear in the letter of offer issued for inviting the subscription of the debentures;
(c) A person shall not be appointed as a debenture trustee, if he-
(i) beneficially holds shares in the company;
(ii) is a promoter, director or key managerial personnel or any other officer or an employee of the company or its holding, subsidiary or associate company;
(iii) is beneficially entitled to moneys which are to be paid by the company otherwise than as remuneration payable to the debenture trustee;
(iv) is indebted to the company, or its subsidiary or its holding or associate company or a subsidiary of such holding company;
(v) has furnished any guarantee in respect of the principal debts secured by the debentures or interest thereon;
(vi) has any pecuniary relationship with the company amounting to two per cent. or more of its gross turnover or total income or fifty lakh rupees or such higher amount as may be prescribed, whichever is lower, during the two immediately preceding financial years or during the current financial year;
(vii) is relative of any promoter or any person who is in the employment of the company as a director or key managerial personnel
(d) the Board may fill any casual vacancy in the office of the trustee but while any such vacancy continues, the remaining trustee or trustees, if any, may act:
Provided that where such vacancy is caused by the resignation of the debenture trustee, the vacancy shall only be filled with the written consent of the majority of the debenture holders.
(e) any debenture trustee may be removed from office before the expiry of his term only if it is approved by the holders of not less than three fourth in value of the debentures outstanding, at their meeting.
(3) It shall be the duty of every debenture trustee to-
(a) satisfy himself that the letter of offer does not contain any matter which is inconsistent with the terms of the issue of debentures or with the trust deed;
(b) satisfy himself that the covenants in the trust deed are not prejudicial to the interest of the debenture holders;
(c) call for periodical status or performance reports from the company;
(d) communicate promptly to the debenture holders defaults, if any, with regard to payment of interest or redemption of debentures and action taken by the trustee therefor;
(e) appoint a nominee director on the Board of the company in the event of-
(i) two consecutive defaults in payment of interest to the debenture holders; or
(ii) default in creation of security for debentures; or
(iii) default in redemption of debentures.
(f) ensure that the company does not commit any breach of the terms of issue of debentures or covenants of the trust deed and take such reasonable steps as may be necessary to remedy any such breach;
(g) inform the debenture holders immediately of any breach of the terms of issue of debentures or covenants of the trust deed;
(h) ensure the implementation of the conditions regarding creation of security for the debentures, if any, and debenture redemption reserve;
(i) ensure that the assets of the company issuing debentures and of the guarantors, if any, are sufficient to discharge the interest and principal amount at all times and that such assets are free from any other encumbrances except those which are specifically agreed to by the debenture holders;
(j) do such acts as are necessary in the event the security becomes enforceable;
(k) call for reports on the utilisation of funds raised by the issue of debentures;
(l) take steps to convene a meeting of the holders of debentures as and when such meeting is required to be held;
(m) ensure that the debentures have been converted or redeemed in accordance with the terms of the issue of debentures;
(n) perform such acts as are necessary for the protection of the interest of the debenture holders and do all other acts as are necessary in order to resolve the grievances of the debenture holders.
(4) The meeting of all the debenture holders shall be convened by the debenture trustee on-
(a) requisition in writing signed by debenture holders holding at least one-tenth in value of the debentures for the time being outstanding;
(b) the happening of any event, which constitutes a breach, default or which in the opinion of the debenture trustees affects the interest of the debenture holders.
(5) For the purposes of sub-section (13) of section 71 and sub-rule (1) a trust deed in Form No. SH.12 or as near thereto as possible shall be executed by the company issuing debentures in favour of the debenture trustees "Provided further that in case of any issue of debentures by a Government company which is fully secured by
the guarantee given by the Central Government or one or more State Government or by both, the requirement
for creation of charge under this sub-rule shall not apply."
Provided also that in case of any loan taken by a subsidiary company from any bank or financial institution the
charge or mortgage under this sub-rule may also be created on the properties or assets of the holding company; [within three months of closure of the issue or offer.]
[Substituted by Notification No. 210(E) , dated 18.3.2015 (w.e.f. 31.3.2014).]
(6) The provisions of sub-rules (2) to (5) of rule 18 shall not be applicable to the public offer of debentures.
(7) The company shall comply with the requirements with regard to Debenture Redemption Reserve (DRR) and investment or deposit of sum in respect of debentures maturing during the year ending on the 31st day of March of next year, in accordance with the conditions given below: -
[(a) Debenture Redemption Reserve shall be created out of profits of the company available for payment of dividend;
(b) the limits with respect to adequacy of Debenture Redemption Reserve and investment or deposits, as the case may be, shall be as under; -
(i) Debenture Redemption Reserve is not required for debentures issued by All India Financial Institutions regulated by Reserve Bank of India and Banking Companies for both public as well as privately placed debentures;
(A) in case of public issue of debentures
(ii) For other Financial Institutions within the meaning of clause (72) of section 2 of the Companies Act, 2013, Debenture Redemption Reserve shall be as applicable to Non Banking Finance Companies registered with Reserve Bank of India.
(iii) For listed companies (other than All India Financial Institutions and Banking Companies as specified in sub-clause (i)), Debenture Redemption Reserve is not required in the following cases -
A. for NBFCs registered with Reserve Bank of India under section 45-IA of the RBI Act, 1934 and for Housing Finance Companies registered with National Housing Bank;
B. for other listed companies;
(B) in case of privately placed debentures, for companies specified in sub-items A and B.
(iv) for unlisted companies, (other than All India Financial Institutions and Banking Companies as specified in sub-clause (i)) -
(A) for NBFCs registered with RBI under section 45-IA of the Reserve Bank of India Act, 1934 and for Housing Finance Companies registered with National Housing Bank, Debenture Redemption Reserve is not required in case of privately placed debentures.
(B) for other unlisted companies, the adequacy of Debenture Redemption Reserve shall be ten percent. of the value of the outstanding debentures;
(v) In case a company is covered in item (A) or item (B) of sub-clause (iii) of clause (b) or item (B) of sub-clause (iv) of clause (b), it shall on or before the 30th day of April in each year, in respect of debentures issued by a company covered in item (A) or item (B) of sub-clause (iii) of clause (b) or item (B) of sub-clause (iv) of clause (b), invest or deposit, as the case may be, a sum which shall not be less than fifteen per cent., of the amount of its debentures maturing during the year, ending on the 31st day of March of the next year in any one or more methods of investments or deposits as provided in sub-clause (vi):
Provided that the amount remaining invested or deposited, as the case may be, shall not at any time fall below fifteen percent. of the amount of the debentures maturing during the year ending on 31st day of March of that year.
(vi) for the purpose of sub-clause (v), the methods of deposits or investments, as the case may be, are as follows: -
(A) in deposits with any scheduled bank, free from any charge or lien;
(B) in unencumbered securities of the Central Government or any State Government;
(C) in unencumbered securities mentioned in sub-clause (a) to (d) and (ee) of section 20 of the Indian Trusts Act, 1882;
(D) in unencumbered bonds issued by any other company which is notified under sub-clause (f) of section 20 of the Indian Trusts Act, 1882:
Provided that the amount invested or deposited as above shall not be used for any purpose other than for redemption of debentures maturing during the year referred above.
(c) in case of partly convertible debentures, Debenture Redemption Reserve shall be created in respect of non-convertible portion of debenture issue in accordance with this sub-rule.
(d) the amount credited to Debenture Redemption Reserve shall not be utilized by the company except for the purpose of redemption of debentures.]
(8) (a)
A trust deed for securing any issue of debentures shall be open for inspection to any member or debenture holder of the company, in the same manner, to the same extent and on the payment of the same fees, as if it were the register of members of the company; and
(b) A copy of the trust deed shall be forwarded to any member or debenture holder of the company, at his request, within seven days of the making thereof, on payment of fee.
(9) Nothing contained in this rule shall apply to any amount received by a company against issue of commercial paper or any other similar instrument issued in accordance with the guidelines or regulations or notification issued by the Reserve Bank of India.
[(10) In case of any offer of foreign currency convertible bonds or foreign currency bonds issued in accordance with the Foreign Currency Convertible Bonds and Ordinary Shares (Through Depository Receipt Mechanism) Scheme, 1993 or regulations or directions issued by the Reserve Bank of India, the provisions of this rule shall not apply unless otherwise provided in such Scheme or regulations or directions.]
[Inserted by Notification No. 210(E) , dated 18.3.2015 (w.e.f. 31.3.2014).]
(11) [ Nothing contained in this rule shall apply to rupee denominated bonds issued exclusively to overseas investors in terms of A.P. (DIR Series) Circular No. 17 dated September 29, 2015 of the Reserve Bank of India.]
[Inserted by Notification No. 791(E) , dated 12.8.2016 (w.e.f. 31.3.2014).]
### 19. Nomination by securities holders.
(1) Any holder of securities of a company may, at any time, nominate, in Form No. SH.13, any person as his nominee in whom the securities shall vest in the event of his death.
(2) On the receipt of the nomination form, a corresponding entry shall forthwith be made in the relevant register of securities holders, maintained under section 88.
(3) Where the nomination is made in respect of the securities held by more than one person jointly, all joint holders shall together nominate in Form No.SH.13 any person as nominee.
(4) The request for nomination should be recorded by the Company within a period of two months from the date of receipt of the duly filled and signed nomination form.
(5) In the event of death of the holder of securities or where the securities are held by more than one person jointly, in the event of death of all the joint holders, the person nominated as the nominee may upon the production of such evidence as may be required by the Board, elect, either-
(a) to register himself as holder of the securities; or
(b) to transfer the securities, as the deceased holder could have done.
(6) If the person being a nominee, so becoming entitled, elects to be registered as holder of the securities himself, he shall deliver or send to the company a notice in writing signed by him stating that he so elects and such notice shall be accompanied with the death certificate of the deceased share or debenture holder(s).
(7) All the limitations, restrictions and provisions of the Act relating to the right to transfer and the registration of transfers of securities shall be applicable to any such notice or transfer as aforesaid as if the death of the share or debenture holder had not occurred and the notice or transfer were a transfer signed by that shareholder or debenture holder, as the case may be.
(8) A person, being a nominee, becoming entitled to any securities by reason of the death of the holder shall be entitled to the same dividends or interests and other advantages to which he would have been entitled to if he were the registered holder of the securities except that he shall not, before being registered as a holder in respect of such securities, be entitled in respect of these securities to exercise any right conferred by the membership in relation to meetings of the company:
Provided that the Board may, at any time, give notice requiring any such person to elect either to be registered himself or to transfer the securities, and if the notice is not complied with within ninety days, the Board may thereafter withhold payment of all dividends or interests, bonuses or other moneys payable in respect of the securities, as the case may be, until the requirements of the notice have been complied with.
(9) A nomination may be cancelled, or varied by nominating any other person in place of the present nominee, by the holder of securities who has made the nomination, by giving a notice of such cancellation or variation, to the company in Form No. SH.14.
(10) The cancellation or variation shall take effect from the date on which the notice of such variation or cancellation is received by the company.
(11) Where the nominee is a minor, the holder of the securities, making the nomination, may appoint a person in [Form No. SH. 13]
[Substituted by Notification No. 210(E) , dated 18.3.2015 (w.e.f. 31.3.2014).]
specified under sub-rule (1) , who shall become entitled to the securities of the company, in the event of death of the nominee during his minority.
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Form No. SH-1|-
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Share Certificate|-
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[Pursuant to sub-section (3) of section 46 of the Companies Act, 2013 and rule 5(2) of the Companies (Share Capital and Debentures) Rules 2014]|-
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...............Limited/Private Limited...............(Corporate Identification Number)(Incorporated under...the Companies Act, 1956/2013)Registered Office.........................................................................|-
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This is to certify that the person(s) named in this Certificate is/are the Registered Holder(s) of the within mentioned share(s) bearing the distinctive number(s) herein specified in the above named Company subject to the Memorandum and Articles of Association of the Company and the amount endorsed herein has been paid up on each such share.
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ENQITY SHARES EACH OF RUPEES.................................................(Nominal value)AMOUNT PAID-UP PER SHARE RUPEES..................................................................|-
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Register Folio No: Certificate No:Name(s) of the Holder(s):No. of shares held:................................... .......................................................(in words) (in figures)Distinctive No.(s):Form................................................To........................................(Both inclusive)|-
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Given under the common seal of the Company this............day of.........20.....|-
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(1) Director:(2)Director:(3)Secretary/any other authorised person:|-
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Note :No transfer of the Share(s) comprised in the Certificate and be registered unless accompanied by this Certificate.
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Form No. SH-2|-
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Register of Renewed and Duplicate Share Certificates|-
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[Pursuant to sub-section (3) of section 46 of the Companies Act, 2013 and rule 6(3)(a) the Companies (Share Capital and Debentures) Rules 2014]|-
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{|
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S.No.
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Filo No.
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Name of the person(s) to whom Renewed/Duplicate
share certificate is issued
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Date of approval of issue of Renewed/Duplicate
share certificate
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Class of shares
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1
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2
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3
|
4
|
5
|
|
|
|
|
|
|
|-
| {|
|-
| Date of issue of original share certificate
| Original share certificate number
| Total number of shares in the Original Share
Certificate
| Distinctive No. of shares
| Date of issue of Renewed/Duplicate Share
Certificate
|-
| From
| To
|-
| 6
| 7
| 8
| 9
| 10
|-
|
|
|
|
|
|}
|-
| {|
|-
| Reasons for issue of Renewed/ Duplicate Share
Certificate
| Number of the Renewed share certificate, if
applicable
| Total number of shares in the Renewed/Duplicate
share Certificate
| Reference to entry in Register of Members
| Remarks
|-
| 11
| 12
| 13
| 14
| 15
|-
|
|
|
|
|
|}
|}
| | | | |
| --- | --- | --- | --- |
|
Form No. SH-3|-
|
Register of Sweat Equity Shares|-
|
[Pursuant to sub-section 54 of the Companies Act, 2013 and rule 8(14) of the Companies (Share Capital and debentures) Rules 2014]|-
|
{|
|
|
S.No.
|
Reference to entry in register of member
|
Name of the allottee
|
Status of the allottee – whether director
or employee
|
Date of passing of Board resolution
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
|-
| {|
|-
| Date of the special resolution authorizing the
issue of sweat equity shares
| Date of issue of sweat equity shares
| Number of sweat equity shares issued
| Certificate No./Folio No.
|-
| 6
| 7
| 8
| 9
|-
|
|
|
|
|}
|-
| {|
|-
| Face value of the share
| Price at which the shares are issued
| Amount to be treated as paid up
| Total consideration paid, if any, by the employee
/ director
|-
| Consideration received in cash
| Particulars of consideration other than cash
|-
| 10
| 11
| 12
| 13
| 14
|-
|
|
|
|
|
|}
|-
| {|
|-
| Lock in period
| The date of expiry of lock-in-period
| Remarks, if any
| Date of Joining
| Fair value obtained by Valuer
| Basis of Valuation
| Name of valuer
|-
| 15
| 16
| 17
| 5
| 12
| 13
| 14
|-
|
|
|
|
|
|
|
|}
|}
| | | | | |
| --- | --- | --- | --- | --- |
|
Form No. SH-4|-
|
Securities Transfer Form|-
|
[Pursuant to section 56 of the Companies Act, 2013 and sub-rule (1) of rule 11 of the Companies (Share Capital and debentures) Rules 2014]|-
|
Date of execution...................|-
|
{|
|
|
FOR THE CONSIDERATIONStated below the
“Transferor(s) ” named do hereby transfer to the
“Transferee(s) ” named the securities specified below
subject to the conditions on which the said securities are now
held by the Transferor(s) and the Transferee(s) do hereby agree
to accept and hold the said securities subject to the conditions
aforesaid.
|
|-
| {|
|-
| CIN:Name of the company (in full)Name of the Stock Exchange where the company is listed, if any:
|}
|-
| DESCRIPTION OF SECURITIES:
|-
| {|
|-
| Kind / Class of securities
(1) | Nominal value of each unit of security
(2) | Amount called up per unit to security
(3) | Amount paid up per unit of security
(4) |-
|
|
|
|
|-
|
|
|
|
|}
|-
| {|
|-
| No. of securities being transferred
| Consideration received (Rs.)
|-
| In figures
| In words
| In words
| In figures
|-
|
|
|
|
|}
|-
| {|
|-
| Distinctive number
| From
|
|
|
|
|
|
|-
| To
|
|
|
|
|
|
|-
| Corresponding Certificate Nos.
|
|
|
|}
|-
| {|
|-
| Transferor's Particulars-
|-
| Registered Folio Number:
### 1. ###
2.
### 3. | Name(s) in full
| Signature(s) |}
|-
| {|
|-
| I, hereby confirm that
the Transferor has signed signed before me.
|-
| Signature of witness
|-
| Name and address
|}
|-
| Transferee's Particulars-|-
| {|
|-
| Name in full
| Father's/ Mother's / Spouse name
| Address & E-mail id
| Occupation
| Existing folio No., if any.
| Signature
|-
| (1) | (2)
| (3) | (4)
| (5) | (6)
|-
| 1.
### 2. ###
3.
|
|
|
|
|
|}
|-
| {|
|-
| Folio No. of Transferee
| Specimen Signature of Transferee
|-
| …........................................
| ….................................................
|-
| Value of stamp affixed …...(Rs.)
|
|-
| Enclosure:
|
|-
|
(1) | Certificate of shares or debentures or other
securities
|-
|
(2) | If no certificate is issued, letter of allotment.
|-
|
(3) | Others,
specify...................................
|}
|-
| Stamps
|}
| |
| --- |
|
{|
|
|
For office use only
|
|
|
|
|
|
Checked
by..............................................................
|
|
Signature tallied
by..................................................
|
|
Entered in the Register of Transfer on.................vide
Transfer No......................
|
|
Approval Date.................................
|
|
Power of attorney/Probate/Death Certificate/Letter of
Administration Registered on............at No..............
|
|}
| |
| --- |
|
................. ...........................................................
|
| |
| --- |
|
On the reverse page of the certificate
|
|
Name of the Transferor
|
Name of the Transferee
|
No. of shares
|
Date of
|
|
…...................................................
|
…...................................................
|
…........................
|
…........................
|
|
Transfer Signature of the
authorized signatory
|
|
….................
|
…................................................................................
|
| | | | |
| --- | --- | --- | --- |
|
Form No. SH-5|-
|
Notice for transfer of partly paid securities|-
|
[Pursuant to sub-section (3) of section 56 of the Companies Act, 2013 and sub-rule (3) of rule 11 the Companies (Share Capital and debentures) Rules 2014]|-
|
{|
|
|
To-
|
|
…....................
|
|
…....................
|
|
(Name and address of
transferee)
|
|
Subject: Transfer of partly paid securities
|
|
Notice is hereby given
that ana application has been made by the transferor for the
transfer of securities of the above named company whose
particulars are given hereunder-
|
|
Name & Address of
the Transferor:
|
|
Name & Address of
the Transferee:
|
|
Class / Kind of
securities:
|
|
Number of securities:
|
|
Distinctive numbers of
the Securities:
|
|
Securities Certificate
Number:
|
|
Nominal value of each
security:
|
|
Issue price of each
security:
|
|
Amount called on each
security:
|
|
Amount paid on each
security
|
|
Amount called and due
on each security:
|
|
Amount uncalled on each
security:
|
|
Total amount called and
due on the total number of securities lodged for transfer:
|
|
Total amount uncalled
on the total number of securities lodged for transfer:
|
|
As required under
sub section (3) of section 56 of the Companies Act, 2013, notice
is hereby given by the Company to the transferee on this
Day\_\_\_\_\_\_of (month) of\_\_\_\_\_\_\_(year) that the above mentioned
securities are partly paid and the transferee shall be liable to
pay the balance amount unpaid on the securities.
|
|
The transferee is
hereby requested to submit his / her objection, if any, within
two from the date of receipt of this notice in the absence of
which it shall be presumed that he / she has no the transfer and
the securities shall be transferred in his / her name without any
further correspondence.
|
|
Signature:
|
| | | | |
| --- | --- | --- | --- |
|
Form No. SH-6|-
|
Register of Employee Stock Options|-
|
[Pursuant to clause (b) of sub-section (1) of section 62 of the Companies Act, 2013 and rule 12(10) the Companies (Share Capital and debentures) Rules 2014]|-
|
Name of Company
|
|
Registered office address
|
|
Date of special resolution............
|
|
{|
|
|
S.No.
|
Name of the grantee
|
Number of options granted
|
Date on which options vested
|
Exercised period
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
|-
| {|
|-
| Date of which options exercised
| Options exercised
| Exercise price
| Number of shares arising as result of exercise of option
|-
| 6
| 7
| 8
| 9
|-
|
|
|
|
|}
|-
| {|
|-
| Folio No. of Register of members having respective entry
| Lock in period if any
| Option lapsed, if any
| Total number of options in force
| Amount forfeited / refunded if option is not exercised
|-
| 10
| 11
| 12
| 13
| 14
|-
|
|
|
|
|
|}
|-
| {|
|-
| Any variation of terms of the scheme and its
effects
| Signature
| Remarks
|
|
|-
| 15
| 16
| 17
|
|
|-
|
|
|
|
|
|}
| | |
| --- | --- |
|
FORM NO.SH.7[Pursuant to section 64 (1) of the Companies Act, 2013 and pursuant to Rule 15 of the Companies (Share Capital & Debentures) Rules, 2014]|
|
Notice to Registrar of any alteration of share capital
|
| | | | | | | | | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Form languageEnglishHindiRefer the instruction kit for filing the form.|-
|
1.| (a) \*Corporate identity number (CIN) of company| | | |-
|
| (b) Global location number (GLN) of company| | | |-
|
2.| (a) Name of the company| |-
|
| (b) Address of the registered office of the company| |-
|
| (c) \*e-mail ID of the company| |-
|
3.| \*Purpose of the form|-
|
| Increase in share capital independently by company| Increase in number of members|-
|
| Increase in share capital with Central Government order| Consolidation or division etc.|-
|
| Redemption of redeemable preference shares|-
|
4.| In accordance with section 61(1) of the Companies Act, 2013 that byOrdinarySpecial resolution at|-
|
| the meeting of the members of the company held on(DD/MM/YYYY)|-
|
| Service request number(SRN) of related Form MGT.14|-
|
| (a) (i) The authorised share capital of the company has been increased from|-
|
| Existing| (in Rs.)|-
|
| Revised| (in Rs.)|-
|
| Difference (addition) | (in Rs.)|-
|
| (b) (i) The number of members in the company has been increased from|-
|
| Existing|
|
|
| Revised|
|
|
| Difference (addition) |
|
|
| (ii) Maximum number of members excluding past and present employee(s)| |-
|
5.| (a) In accordance with sub section (6) of Section 62 of the Companies Act, 2013, the authorised capital of the company has been increased consequent upon an order numberdated(DD/MM/YYYY) of the Union Government State Government ofunder sub section (4) of section 62 for conversion ofdebenturesloan into shares|-
|
| Existing authorised capital| (in Rs.)|-
|
| Revised authorised capital| (in Rs.)|-
|
| Difference (addition) | (in Rs.)|-
|
| Date of passing the order by Tribunal (if applicable)| |-
|
| Date of receipt of such order| |-
|
| (b) A copy of the aforesaid order was received by the company from the Central Government on| |-
|
6.| The additional capital (taking into consideration the addition above) is divided as follows|-
|
| (a) Number of equity shares| | Total amount of equity shares (in Rs.)| |-
|
| (b) Number of preference shares| | Total amount of preference shares (in Rs.)| |-
|
| Total addition (in Rs.)| |-
|
| The conditions )e.g. voting rights, dividend rights, winding-up rights, etc) subject to which new shares have been issued, are as follows|-
|
| |-
|
7.| Notice is hereby given that|-
|
| In accordance with section 61 of the Companies Act, 2013 that the company has on(DD/MM/YYYY)|-
|
| (a) Consolidated| |-
|
| (b) Converted| |-
|
| (c) Reconverted| |-
|
| (d) Subdivided| |-
|
| (e) Cancelled| |-
|
| (f) Reclassified| |-
|
| Date of passing the order by Tribunal (if applicable)| |-
|
| Date of receipt of such order| |-
|
8.| In accordance with section 55, by a resolution of the Board of Directors at the meeting held on the company has redeemed redeemable preference shares, the particulars of which are as under|-
|
| (a) Description of preference shares to be redeemed|-
|
| |-
|
| (b) Date of issue of series of shares| |-
|
| (c) Date on which shares were fully paid up| |-
|
| (d) Due date of redemption of shares| |-
|
| (e) Actual date of redemption of shares| |-
|
| (f) Amount payable on redemption Amount (in Rupees)| |-
|
| i. Number of preference shares| |-
|
| ii. Face value per share| | iii Carrying rate of dividend per share| |-
|
| iv. Total nominal value| |-
|
| v. Total premium paid on redemption, if any| |-
|
| (g) Preference shares redeemed out of| | Amount (in Rupees)|-
|
| Profits of the company| |-
|
| Proceeds of fresh issue of shares| |-
|
9.| Revised capital structure after taking into consideration the changes vide points 4, 5, 6, 7 and 8 above|-
|
| (a) Authorised capital of the company| (In Rs.)| |-
|
| Break up of Authorised capital|-
|
| Number of equity shares| | Total amount of equity shares (in Rs.)| |-
|
| Nominal amount per equity share| |-
|
| Number of Preference shares| | Total amount of Preference shares (in Rs.)| |-
|
| Nominal amount per Preference share| |-
|
| Number of unclassified shares| | Total amount of unclassified shares (in Rs.)| |-
|
| (b) Issued capital of the company| (In Rs.)| |-
|
| Break up of issued capital|-
|
| Number of equity shares| | Total amount of equity shares (in Rs.)| |-
|
| Nominal amount per equity share| |-
|
| Number of Preference shares| | Total amount of Preference shares| |-
|
| Nominal amount per Preference share| |-
|
| (c) Subscribed capital of the company| (In Rs.)| |-
|
| Break up of Subscribed capital|-
|
| Number of equity shares| | Total amount of equity shares (in Rs.)| |-
|
| Nominal amount per equity share| |-
|
| Number of Preference shares| | Total amount of Preference shares (in Rs.)| |-
|
| Nominal amount per Preference share| |-
|
| (d) Paid up capital of the company| (In Rs.)| |-
|
| Break up of Paid up capital|-
|
| Number of equity shares| | Total amount of equity shares (in Rs.)| |-
|
| Nominal amount per equity share| |-
|
| Number of Preference shares| | Total amount of Preference shares (in Rs.)| |-
|
| Nominal amount per Preference share| |-
|
10.| \*Whether articles of association have been altered| YesNo|-
|
11.| Particulars of payment of stamp duty (Refer instruction kit for details before filling the particulars)|-
|
| (a) State or Union territory in respect of which stamp duty is paid or to be paid| | |-
|
| (b) \*Whether stamp duty is to be paid electronically through MCA21 system| YesNoNot applicable|-
|
| (i) Details of stamp duty to be paid|-
|
| Amount of stamp duty to be paid| (in Rs.)| |-
|
| (ii) Provide details of stamp duty already paid|-
|
{|
|
|
Type of document/Particulars
|
Form SH.7
|
|
Total amount of stamps or stamp paper (in Rs.)
|
|
|
Mode of payment of stamp duty
|
|
|
Name of vendor or Treasury or Authority or any
other Competent agency authorised to collect stamp duty or to
sell stamp papers or to emboss the documents or to dispense
stamp vouchers on behalf of the Government
|
|
|
Serial number of embossing or stamps or stamp paper or
treasury challan number
|
|
|
Registration number of vendor
|
|
|
Date of purchase of stamps or stamp paper or payment of stamp
duty
|
(DD/MM/YYYY)
|
|
Place of purchase of stamps or stamp paper or payment of stamp
duty
|
|
|-
| 12.| In case maximum stamp duty payable has already been paid, provide details of form(s) filled earlier (SRN or receipt number, form number, date of filling, amount of stamp duty paid)|-
| | |-
| Declaration|-
| I\*,| |-
| a\*| (Drop down) {Values: Director/Manager/Company secretary /CEO/CFO} of the company declare that all the requirements of the Companies Act, 2013 and the rules made thereunder have been complied with. I am authorised by the board of direcotes to give this declaration and to sign and submit this Form. It is further declared and verified that|-
| | (h) Whatever is stated in this form and in the attachments thereto is true, correct and complete and no information material to the subject matter of this form has been suppressed or concealed and is as per the original records maintained by the promoters subscribing to the Memorandum of Association and Articles of Association.|-
| | (i) All the required attachments have been completely, correctly and legible attached to this form.|-
| | (j) I further declare that the company has paid correct stamp duty as per applicable Stamp Act.|-
| | \*To be digitally signed by| |-
| | \*Designation| |-
| | \*Director identification number of the director; or DIN or PAN of the manager of CEO or CFO; or Membership number of the company secretary| |-
| | Attachment|-
| | 1. Copy of the resolution for alteration of capital;| |-
| | 2. Copy of order of Central Government;| |-
| | 3. Copy of the order of the Tribunal;| |-
| | 4. Copy of Board resolution authorising redemption of redeemable preference shares;| |-
| | 5. Altered memorandum of association;| |-
| | 6. Altered articles of association;| |-
| | 7. Workings for calculation of ratios (in case of conversion;)| |-
| | 8. Optional attachment(s) , if any| |-
| | Note: Attention is drawn to provisions of Section 448 and 449 which provide for punishment for false statement and punishment for false evidence respectively.|-
| | | | | |-
| | |-
| | For office use only:| | |-
| | e-Form Service request number (SRN) | | eForm filing date| (DD/MM/YYYY)|-
| | This e-Form is hereby registered|-
| | Digital signature of the authorising officer| | |-
| | Date of signing| | (DD/MM/YYYY)
|}
| | |
| --- | --- |
|
FORM NO.SH.8[Pursuant to section 68 (1) of the Companies Act, 2013 and Rule 17 (2) of the Companies (Share Capital & Debentures) Rules, 2014]|
|
Letter of Offer
|
| |
| --- |
|
| Form languageEnglishHindi
|
| |
| --- |
|
| Refer the instruction kit for filing the form.
|
| |
| --- |
|
1.| (a) \*Corporate identity number (CIN) of the company| |
|
| |
| --- |
|
| (b) Global location number (GLN) of the company| |
|
| |
| --- |
|
2.| (a) Name of the company|
|
| |
| --- |
|
| (b) Address of registered office of the company
|
| |
| --- |
|
|
|
| |
| --- |
|
| (c) e-mail ID of the company|
|
| |
| --- |
|
| (d) Date of Incorporation| |
|
| |
| --- |
|
3.| Main division of Industrial activity of the company
|
| |
| --- |
|
| Description of the main division| |
|
| |
| --- |
|
|
|
| |
| --- |
|
4.| Particulars of directors and key managerial personnel| |
|
| | | |
| --- | --- | --- |
|
DIN/PAN
|
Full Name
|
Designation
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|}
| |
| --- |
|
5.| Present Capital structure of the company
|
| |
| --- |
|
{|
|
|
(a) |
Authorised capital of the company in (Rs.)
|
|
|
|
|
|
|
|
|
|
(i) Number of equity shares
|
|
Nominal amount per equity share
|
|
|
|
|
|
|
|
|
|
Total amount of equity shares (in Rs.)
|
|
|
|
|
|
|
|
|
|
(ii) Number of preference shares
|
|
Nominal amount per Preference share
|
|
|
|
|
|
|
|
|
|
Total amount of preference shares (in Rs.)
|
|
|
|
|
|
|
(b) |
Subscribed capital of the company (in Rs.)
|
|
|
|
|
|
|
|
|
|
(i) Number of equity shares
|
|
Nominal amount per equity share
|
|
|
|
|
|
|
|
|
|
Total amount of equity shares (in Rs.)
|
|
|
|
|
|
|
|
|
|
(ii) Number of preference shares
|
|
Nominal amount per preference share
|
|
|
|
|
|
|
|
|
|
Total amount of preference shares (in Rs.)
|
|
|}
|}
| |
| --- |
|
6.| Details of last buy back
|
| |
| --- |
|
| (a) Date of completion of last buy-back| |
|
| |
| --- |
|
| (b) Percentage of the share capital back to the total paid up share capital and free reserves|
|
| |
| --- |
|
7.| \*Amount as on| (in Rupees)| | (in %)
|
| |
| --- |
|
| a. \*Free reserves| | |
|
| |
| --- |
|
| b. \*Securities Premium account| | |
|
| |
| --- |
|
| c. \*Proceeds out of fresh issue of any shares or other specified securities| | |
|
| |
| --- |
|
| d. \*Debt| Secured| | |
|
| |
| --- |
|
| | UnSecured| | |
|
| |
| --- |
|
| | Total| | |
|
| |
| --- |
|
8.| \*Source of the buy-back would be| Free reservesSecurities premium
|
| |
| --- |
|
| Proceeds out of fresh issue of shares or other specified securitiesDebt
|
| |
| --- |
|
9.| (a) \*Date of Board of Directors' resolution authorising buy-back of securities|
|
| |
| --- |
|
| (b) (i) Date of passing the special resolution|
|
| |
| --- |
|
| (ii) Service request number of Form MGT.14|
|
| |
| --- |
|
10.| \*Shareholding of the promoters, directors and key manager personnel of the company and also the directors of such company which is promoter of the company.
|
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
S.No.
|
Particulars
|
Equity shares
|
Preference redeemable
|
Preference convertible
|
Other, If any
|
Total
|
|
1
|
Number of shares as on the date preceding to the
date of board meeting in which the buy-back got approved
|
(Number) |
(Number) |
(Number) |
(Number) |
(Number) |
|
2
|
Shares purchased during the period of 12 months
preceding the date of board meeting approving buy-back
|
(Number) |
(Number) |
(Number) |
(Number) |
(Number) |
|
3
|
Shares purchased during form date of board
meeting approving buy-back till the date of letter of offer
|
(Number) |
(Number) |
(Number) |
(Number) |
(Number) |
|
4
|
Maximum price paid for the above
|
(Amount) |
(Amount) |
(Amount) |
(Amount) |
(Average amount)
|
|
5
|
Date on which the above maximum price was paid
|
(Date) |
(Date) |
(Date) |
(Date) |
-
|
|
6
|
Shares sold during the period of 12 months
preceding the date of board meeting approving bu-back
|
(Number) |
(Number) |
(Number) |
(Number) |
(Number) |
|
7
|
Shares sold during the period from date of board
meeting approving buy-back till the date of letter of offer
|
(Number) |
(Number) |
(Number) |
(Number) |
(Number) |
|
8
|
Maximum price received for the above
|
(Amount) |
(Amount) |
(Amount) |
(Amount) |
(Average amount)
|
|
9
|
Date on which the above maximum price was
received
|
(Date) |
(Date) |
(Date) |
(Date) |
-
|
|
10
|
Balance of number of shares held as on the date
of letter of offer
|
(Number) |
(Number) |
(Number) |
(Number) |
(Number) |
| |
| --- |
|
11.| \*The shareholding pattern before buy-back of shares or other specified securities:
|
| | | |
| --- | --- | --- |
|
S.No.
|
Category of security holders
|
Securities held before buy-back as on
|
|
1
|
Government (Central and State)
|
|
|
2
|
Government Companies
|
|
|
3
|
Public financial institutions
|
|
|
4
|
Nationalized or other bank(s) |
|
|
5
|
Mutual Funds
|
|
|
6
|
Venture Capital
|
|
|
7
|
Foreign holdings (Foreign Institutional, Foreign
companies, Non-resident Indians , Foreign Financial institutions
or Overseas corporate bodies)
|
|
|
8
|
Bodies Corporate (not mentioned above)
|
|
|
9
|
Directors or relatives of directors
|
|
|
10
|
Other top fifty shareholders (other than mentioned
above)
|
|
|
11
|
Others
|
|
|
12
|
Total
|
|
|
|
Total number of shareholders
|
|
| |
| --- |
|
12.| \*Particulars of the securities authorised to be bought-back maximum Number of the shares or other securities|
|
| |
| --- |
|
| \*Minimum Number of the shares or other securities|
|
| |
| --- |
|
| \*Minimum Number of the shares or other securities|
|
| |
| --- |
|
| Nominal value per security| | Total amount of buy back|
|
| |
| --- |
|
| Percentage of total share capital and free reserves proposed to be bought back|
|
| |
| --- |
|
13.| \*Objective of the buy-back
|
| |
| --- |
|
|
|
| |
| --- |
|
14.| \*Mode of buy-back
|
| |
| --- |
|
| Existing security-holders on a proportionate basis
|
| |
| --- |
|
| Open market
|
| |
| --- |
|
| Odd-lots of listed securities
|
| |
| --- |
|
| Employees' stock option
|
| |
| --- |
|
| Sweet equity
|
| |
| --- |
|
| Any other mode
|
| |
| --- |
|
15.| \*Article number authorising buy-back| |
|
| |
| --- |
|
16| (a) \*Date of opening of the offer| |
|
| |
| --- |
|
| (b) \*Proposed completion date of buy-back| |
|
| |
| --- |
|
| (c) \*Proposed date of extinguishment of the certificates| |
|
| |
| --- |
|
17.| Other terms and conditions of offer, if any
|
| |
| --- |
|
|
|
| |
| --- |
|
18.| \*Expected capital structure post buy-back (assuming maximum securities bought back as per plan)
|
| |
| --- |
|
{|
|
|
(a) |
Authorised capital of the company in (Rs.)
|
|
|
|
|
|
|
|
|
|
(i) Number of equity shares
|
|
Nominal amount per equity share
|
|
|
|
|
|
|
|
|
|
Total amount of equity shares (in Rs.)
|
|
|
|
|
|
|
|
|
|
(ii) Number of preference shares
|
|
Nominal amount per Preference share
|
|
|
|
|
|
|
|
|
|
Total amount of preference shares (in Rs.)
|
|
|
|
|
|
|
(b) |
Paid up capital of the company (in Rs.)
|
|
|
|
|
|
|
|
|
|
(i) Number of equity shares
|
|
Nominal amount per equity share
|
|
|
|
|
|
|
|
|
|
Total amount of equity shares (in Rs.)
|
|
|
|
|
|
|
|
|
|
(ii) Number of preference shares
|
|
Nominal amount per preference share
|
|
|
|
|
|
|
|
|
|
Total amount of preference shares (in Rs.)
|
|
|}
| |
| --- |
|
19.| \*Expected capital structure post buy-back (assuming minimum securities bought back as per plan)
|
| |
| --- |
|
{|
|
|
(a) |
Authorised capital of the company in (Rs.)
|
|
|
|
|
|
|
|
|
|
(i) Number of equity shares
|
|
Nominal amount per equity share
|
|
|
|
|
|
|
|
|
|
Total amount of equity shares (in Rs.)
|
|
|
|
|
|
|
|
|
|
(ii) Number of preference shares
|
|
Nominal amount per Preference share
|
|
|
|
|
|
|
|
|
|
Total amount of preference shares (in Rs.)
|
|
|
|
|
|
|
(b) |
Paid up capital of the company (in Rs.)
|
|
|
|
|
|
|
|
|
|
(i) Number of equity shares
|
|
Nominal amount per equity share
|
|
|
|
|
|
|
|
|
|
Total amount of equity shares (in Rs.)
|
|
|
|
|
|
|
|
|
|
(ii) Number of preference shares
|
|
Nominal amount per preference share
|
|
|
|
|
|
|
|
|
|
Total amount of preference shares (in Rs.)
|
|
|}
| |
| --- |
|
20.| (a) \*Debt to capital and free reserves ratio allowed to company|
|
| |
| --- |
|
| (b) \*Pre buy-back debt to capital and free reserve ratio|
|
| |
| --- |
|
| (c) \*Expected post buy-back debt to capital and free reserve ratio|
|
| |
| --- |
|
| (d) Details of Government notification for the ratio higher than 2:1, if any|
|
| |
| --- |
|
|
|
| |
| --- |
|
| Attachments| | List of Attachments
|
| | | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
| 1. \*Details of the promoters of the company| | |-
|
| 2. \*Declaration by auditor(s) | |-
|
| 3. \*Copy of the board resolution| |-
|
| 4. \*Copy of the notice issued under section 68(3) along with the explanatory Statement thereto,| |-
|
| 5. \*Audited financial statements of last three years| |-
|
| 6. Buy back details of last three years| |-
|
| 7. Management discussion and analysis (in case of listed company);| |-
|
| 8. List of holding and subsidiary companies of the company;| |-
|
| 9. Unaudited financial statement (if applicable);| |-
|
| 10. Statutory approvals received (if any);| |-
|
| 11. Details of the auditor, legal advisers, bankers and trustees (if any);| |-
|
| 12. Optional attachments (if any)| |-
|
| | |
|
| |
| --- |
|
| Declaration
|
| |
| --- |
|
| It is hereby declared that all the attachments and the information given in this form are true and correct to the best of my knowledge. Further declared that:
|
| |
| --- |
|
| (a) | All requirements of section 68(3) have been complied with.
|
| |
| --- |
|
| (b) | No defaults are subsisting in repayment of deposits or interest payment there no, redemption of debentures or payment of interest thereon or redemption of preference shares or payment of dividend to any shareholder or repayment of any term loan or interest payable thereon to any financial institutions or banking company and the company is not prohibited for buy-back by operation of law within the meaning of section 70 of the Act:
|
| |
| --- |
|
| (c) | The Board of directors has a made a full enquiry into the affairs and prospects of the company and that they have formed the opinion:
|
| |
| --- |
|
| i.| as regards its prospects for the year immediately following the date of the letter of offer that, having regard to their intentions with respect to the management of the company's business during that year and to the amount and character of the financial resources which will in their view be available to the company during that year, the company will be able to meet its liabilities as and when they fall due and will not be rendered insolvent within a period of one year from that date:
|
| |
| --- |
|
| | and
|
| |
| --- |
|
| ii.| in forming their opinion for the above purpose, the directors have taken into account the liabilities as if the company were being wound up under the provisions of the Companies Act, 2013 (including prospective and contingent liabilities)
|
| |
| --- |
|
| \*To be digitally signed by
|
| |
| --- |
|
| Designation
|
| |
| --- |
|
|
|
| |
| --- |
|
| \*DIN| | | |
|
| |
| --- |
|
| Designation Director
|
| |
| --- |
|
| \*DIN| | | |
|
| |
| --- |
|
|
| |
| --- |
|
| Note: Attention is drawn to provisions of Section 448 and 449 of the Companies Act, 2013 which provide for punishment for false statement/ certificate and punishment for false evidence respectively.
|
| |
| --- |
|
|
| |
| --- |
|
| | |
|
.
| |
| --- |
|
|
| |
| --- |
|
| For office use only:|
|
| |
| --- |
|
| eForm Service request number (SRN) | | eForm filing date| | (DD/MM/YYYY)
|
| |
| --- |
|
| This e-Form is hereby registered
|
| |
| --- |
|
| Digital signature of the authorising officer| |
|
| |
| --- |
|
| Date of signing| | (DD/MM/YYYY)
|
| | |
| --- | --- |
|
FORM NO.SH.9[Pursuant to section 68 (6) of the Companies Act, 2013 and Rule 17 (3) of the Companies (Share Capital & Debentures) Rules, 2014]|
|
Declaration of Solvency
|
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Form languageEnglishHindiRefer the instruction kit for filing the form.|-
|
1.| (a) \*Corporate identity number (CIN) of company| | | |-
|
| (b) Global location number (GLN) of company| | | |-
|
2.| (a) Name of the company| |-
|
| (b) Address of the registered office of the company|-
|
| |-
|
| (c) \*e-mail ID of the company| |-
|
3.| (a) \*Whether the company is listed| YesNo|-
|
| (b) Name of the stock exchange(s)|-
|
| |-
|
| (c) Date of listing(s)| |-
|
| (d) Name of the merchant banker appointed|-
|
| |-
|
4.| (a) \*Date of Board of Directors' resolution authorising the buy-back of securities| |-
|
| (b) (i) \*Date of Special resolution of members authorising the buy-back of securities| |-
|
| (ii) Service request number of Form no. MGT.14| |-
|
| (iii) Date of filing form no. MGT.14| |-
|
| |-
|
| Attachments|-
|
| (1) \*Copy of board resolution| |-
|
| (2) \*Statement of assets and liabilities| |-
|
| (3) \*Auditor's report| |-
|
| (4) \*Affidavit as per rule 17(3)| |-
|
| (5) Copy of Special Resolution| |-
|
| (6) Optional Attachments, if any| |-
|
| |-
|
| Declaration|-
|
| We solemnly declare that we have made a full enquiry into the affairs of the company including the assets and liabilities of this company and have noted that the shareholders by a special resolution datedAnd/or the resolution passed by the Board at its meeting held onhave approved the buy-back of\*(in numbers)|-
|
| | (in words) shares or other specified securities as per the provisions of section 68 of the Companies Act, 2013.|-
|
| Verified this day the\*day of\*|-
|
| |-
|
| To be digitally signed by two directors, one of whom shall be the Managing director (if any)|-
|
| \*Designation (Drop down)| |-
|
| (Values : Director, Managing Director)|-
|
| \*DIN| |-
|
| \*Designation| |-
|
| Director|-
|
| \*DIN| |-
|
|-
|
| Note : Attention is drawn to provisions of Section 448 and 449 which provide for punishment for false statement / certificate and punishment for false evidence respective|-
|
| |-
|
| | | | |-
|
|-
|
| For office use only:| | |-
|
| e-Form Service request number (SRN) | | eForm filing date| (DD/MM/YYYY)|-
|
| This e-Form is hereby registered|-
|
| Digital signature of the authorising officer| | |-
|
| Date of signing| | (DD/MM/YYYY)|-
|
|
|
| | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Form No. SH-10|-
|
Register of shares or other securities bought-back|-
|
[Pursuant to sub-section (9) of section 68 of the Companies Act, 2013 and rule 17(12) of the Companies (Share Capital and Debentures) Rules 2014]|-
|
| Name of the Company :|-
|
| Registered address :|-
|
| 1.| Date of passing of special resolution at the meeting of the members authorising buy-back of securities :|-
|
| 2.| Date of approval by the Board:|-
|
| 3.| Number, price and amount of shares or other specified securities authorised to be bought back :|-
|
| 4.| Date of opening and closing of buy-back offer :|-
|
| 5.| Date by which buy-back was completed :|-
|
| 6.| Description of shares or other specified securities bought back by the company:|-
|
{|
|
|
S.No.
|
Folio number / DP Id / client ID number or
certificate number of securities bought-back
|
Name of last holder of securities
|
\*Category to which they belong
|
Date of buy-back
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
|
|
|
|-
| |-
| {|
|-
| Number of securities bought-back
| \*\*Mode of buy-back
| Nominal Value of securities
| Price at which securities are bought back
| Date of payment
|-
| (6) | (7)
| (8) | (9)
| (10) |-
|
|
|
|
|
|}
|-
| |-
| {|
|-
| Amount paid for bought back securities
| Cumulative total of securities bought-back
| Date of / cancellation / extinguishment and
physical destruction of securities bought-back
| Reference to entry in Register of members
| Remarks
|-
| (11) | (12)
| (13) | (14)
| (15) |-
|
|
|
|
|
|}
|-
| |-
| | \*Indicate the category of securities that have been bought back|-
| | | Preference shares|-
| | | Equity shares|-
| | | Employees' Stock Option Shares|-
| | | Employees' Stock Option Shares|-
| | \*\*Indicate Whether the securities have been bought back from|-
| | | the existing security-holders on a proportionate basis|-
| | | the open market|-
| | | odd-lots of listed securities|-
| | | Employees' Stock Option|-
| | | Sweat equity|-
| | | any other mode, if so indicate the mode|-
| |-
| 2.| Other relevant details, if any.|-
| |-
| Place:| Signature of the authorised signatory|-
| |-
| Date:| Name of the above person:Designation:|-
|
|}
| | |
| --- | --- |
|
FORM NO.SH.11[Pursuant to section 68 (10) of the Companies Act, 2013 and pursuant to Rule 17(13) of the Companies (Share Capital & Debentures) Rules, 2014]|
|
Return in respect of buy-back of securities
|
| | | | | | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Form languageEnglishHindiRefer the instruction kit for filing the form.|-
|
1.| (a) \*Corporate identity number (CIN) of company| | | |-
|
| (b) Global location number (GLN) of company| | | |-
|
2.| (a) Name of the company| |-
|
| (b) Address of the registered office of the company| |-
|
| (c) \*e-mail ID of the company| |-
|
3.| \*Income-tax permanent account number (Income-tax PAN)| |-
|
4.| \*Whether the company is listed| YesNo|-
|
| If listed, name(s) of stock exchange(s) where listed|-
|
| |-
|
| Date(s) of listing|-
|
| |-
|
5.| Name of the merchant banker appointed by company|-
|
| |-
|
6.| \*Details of paid-up capital as on| | (DD/MM/YYYY)| [As per latest audited balance sheet]|-
|
| {|
|
|
S.No.
|
Details of paid up capital
|
Amount (in Rs.)
|
|
1.
|
Equity
|
|
|
2.
|
Preference redeemable
|
|
|
3.
|
Preference convertible
|
|
|
4.
|
Others, if any
|
|
|
5.
|
Total
|
|
|-
| |-
| 7.| \*Free reserves or securities premium account or proceeds of any shares or other securities or debts as on(DD/MM/YYYY)|-
| | (a) \*Free reserves| (in Rs.)| |-
| | (b) \*Securities premium account| (in Rs.)| |-
| | (c) \*Proceeds of any shares or other securities| (in Rs.)| |-
| | (d) \*Debts| Secured (in Rs.)| |-
| | | Unsecured (in Rs.)| |-
| | | Total (in Rs.)| |-
| 8.| (a) \*Date of Board of directors' resolution approving or authorising the buy back of securities| | (DD/MM/YYYY)|-
| | (b) Date of special resolution of members authorising buy back of securities| | (DD/MM/YYYY)|-
| 9.| \*Amount of securities authorised to be bought back| (in Rs.)| |-
| | \*Number of securities authorized to be bought back| | |-
| 10.| (a) \*Date upto which buy back of securities to be completed| | (DD/MM/YYYY)|-
| | (b) \*Date of completion of buy back| | (DD/MM/YYYY)|-
| 11.| (a) Date on which last buy back was authorised| | (DD/MM/YYYY)|-
| | (b) Date of last buy back|-
| | |-
| 12.| (a) Date on which last buy back was completed| | (DD/MM/YYYY)|-
| 13.| (a) Date to capital and free reserve ratio allowed for company| | |-
| | (b) \*Pre buy-back clebt to capital & free reserves ratio| | |-
| | (c) \*Post buy-back clebt to capital & free reserves ratio| | |-
| | (d) Details of Government approval for the ratio at serial number "13" above higher than 2:1|-
| | |-
| 14.| \*Whether there is any subsisting default in the following|-
| | (a) Repayment of deposit| Yes| No|-
| | (b) Repayment of interest payable on deposits above| Yes| No|-
| | (c) Repayment of debentures| Yes| No|-
| | (d) Repayment of Preference shares| Yes| No|-
| | (e) Payment of dividend to shareholders| Yes| No|-
| | (f) Repayment of term loans to any financial institution or bank| Yes| No|-
| | (g) Repayment of interest on the term loans mentioned above| Yes| No|-
| 15.| \*Whether there is any default complying with the provisions of following sections.|-
| | (a) Section 92 (relating to annual return)| Yes| No|-
| | (b) Section 123 (relating to payment of dividend)| Yes| No|-
| | (c) Section 128 (relating to balance sheet or profit and loss account)| Yes| No|-
| 16.| \*Date of payment of consideration to all shareholders from whom securities have been bought back| |-
| 17.| \*The shareholding pattern after buy back of securities:|-
| |-
| | {|
|-
| S.No.
| Category of security
| Securities held before buy back as on(DD/MM/YYYY)
| Securities held after buy back as on(DD/MM/YYYY)
|-
| 1.
| Government [Central and State]
|
|
|-
| 2.
| Government companies
|
|
|-
| 3.
| Public financial companies
|
|
|-
| 4.
| Nationalised or other bank(s) |
|
|-
| 5.
| Mutual funds
|
|
|-
| 6.
| Venture capital
|
|
|-
| 7.
| Foreign holdings (Foreign institutional
investors, Foreign companies, Non resident Indians, Foreign
financial institutions or Overseas corporate bodies)
|
|
|-
| 8.
| Bodies corporate (not mentioned above)
|
|
|-
| 9.
| Directors or relatives of directors
|
|
|-
| 10.
| Other top fifty (50) shareholders (other than mentioned above)
|
|
|-
| 11.
| Others
|
|
|-
| 12.
| Total
|
|
|}
|-
| | \*Total number of shareholders| | |-
| 18.| (a) Service request number (SRN) of Form MGT.14| |-
| | (b) SRN of Form SH.9 in respect of declaration of solvency| |-
| Declaration|-
| | I have been authorized by the board of director's resolution numberdatedto sign and submit this form. All the attachments and the information given in this form are true and correct to the best of my knowledge. Further, on behalf of board of directors, I hereby confirm that full enquiry into the affairs and prospects of the company and have formed the opinion|-
| | (i) that immediately following the date on which the general meeting is convened there will be no grounds on which the company could be found unable to pay its debts;|-
| | (ii) as regards its prospects for the year immediately following that date, that, having regard to their intentions with respect to the management of the company's business during that year and to the amount and character of the financial resources which will in their view be available to the company during that year, the company will be able to meet its liabilities as and when they fall due and will not be rendered insolvent within a period of one year from that date; and|-
| | (iii) in forming their opinion for the above purpose, the directors have taken into account the liabilities (including prospective and contingent liabilities) as if the company were being wound up under the provisions of the Companies Act, 2013.|-
| |-
| | \*To be digitally signed by|-
| | \*Designation| |-
| | \*Director's Identification number of the director; or|-
| | DIN of PAN of the Manager or CEO or CFO; or| |-
| | Membership number of the Company secretary|-
| |-
| | Attachments :|-
| | (1) \*Description of shares or other specified securities bought back| |-
| | (2) \*Particulars relating to holders of securities before buy-back| |-
| | (3) Copy of the special resolution passed at the general meeting| |-
| | (4) \*Copy of the board resolution| |-
| | (5) \*Balance sheet of the company| |-
| | (6) \*Certificate of compliance of buy-back rules according to rule 17(14)| |-
| | (7) \*Optional attachments, if any| |-
| |-
| | Note: Attention is drawn to provisions of Sections 448 and 449 which provide for punishment for false statement / certificate and punishment for false evidence respectively.|-
| |-
| | | | | |-
| |-
| | For office use only:| | |-
| | e-Form Service request number (SRN) | | eForm filing date| (DD/MM/YYYY)|-
| | This e-Form is hereby registered|-
| | Digital signature of the authorising officer| | |-
| | Date of signing| | (DD/MM/YYYY)|-
| |
|}
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Form No. SH-12|-
|
Debenture Trust Deed|-
|
[Pursuant to sub-section (13) of section 71 of the Companies Act, 2013 and rule 11 of the Companies (Share Capital and Debentures) Rules 2014]|-
|
The debenture trust deed shall, inter alia, contain the following:-|-
|
|-
|
1. DESCRIPTION OF DEBENTURE ISSUE:|-
|
|-
|
| (a) | Purpose of raising finance through the debenture issue :|-
|
| (b) | Details of debenture issue as regards amount, tenure, iterest / coupon rate, periodicity of payment, mode of payment and period of redemption;|-
|
| (c) | An undertaking by the company to pay the interest and principal amount of such debentures to the Debenture holders as and when it becomes due, as per the terms of offer;|-
|
| (d) | The terms of conversion / redemption of the debentures in terms of the issue to the debenture holders, options available, and debt equity ratio and debt service coverage ratio, if applicable.|-
|
2. DETAILS OF CHARGE CREATED (in case of secured debentures):|-
|
| (a) | Nature of charge created and examination of title;|-
|
| (b) | Rank of charge created viz. first, second, pari passu, residual, etc;|-
|
| (c) | Minimum security cover required;|-
|
| (d) | Complete details of the asset(s) on which charge is created such as description, nature, title, location value, basis of valuation etc.;|-
|
| (e) | Methods and mode of preservation of assets charged as security for the debentures;|-
|
| (f) | Other particulars of the charge, e.g., time perid of chage, rate of interest, name of the charge holder;|-
|
| (g) | Provision for subsequent valuation;|-
|
| (h) | Procedure for allowing inspection of charged assets and book of accounts by debenture trustee or any person or person authorized by it;|-
|
| (i) | Charging of future assets|-
|
| (j) | Time limit within which the future security for the issue of debentures shall be created|-
|
| (k) | Circumstances specifying when the security may be disposed of or leased out with th epproval of trustees|-
|
| (l) | Enforceability of securities, events under which security becomes enforceable|-
|
| (m) | Obligation of company not to create further charge or encumbrance of the trust property without prior approval of the trustee|-
|
3. PARTICULARS OF THE APPOINTMENT OF DEBENTURE TRUSTEE(S) :|-
|
| (a) | The conditions and procedure for the appointment of the debenture trustee;|-
|
| (b) | Procedure for resignation by trustee including appointment of new trustees;|-
|
| (c) | Provision that the debenture trustee shall not relinquish his office until another debenture trustee has been appointed;|-
|
| (d) | Procedure to remove debenture trustee by debenture holders providing for removal on a resolution passed the holders of not less than three fourth in value of debentures;|-
|
| (e) | Fees or commission or other legal travelling and other expenses payable to the trustee(s) for their services;|-
|
| (f) | Rights of the trustee including the right to inspect the registers of the company and to take copies and extract thereof and the right to appoint a nominee director;|-
|
| (g) | Duties of the trustee.|-
|
4. EVENTS OF DEFAULTS|-
|
| (a) | Events under which the security becomes enforceable which shall include the following events:|-
|
| | (i) | When the company makes two consecutive defaults in the payment of any interest which ought to have been paid in accordance with the terms of the issue;|-
|
| | (ii) | When the company without the consent of debenture holders ceases to carry on its business or gives notice of its intention to do so;|-
|
| | (iii) | When an order has been made by the Tribunal or a special resolution has been passed by the members of the company for winding up of the company;|-
|
| | (iv) | When any breach of the terms of the prospectus inviting the subscriptions of debentures or of the covenants of this deed is committed;|-
|
| | (v) | When the company creats or attempts to create anu charge on the mortgaged premises or any part thereof without the prior approval of the trustee/debenture holders;|-
|
| | (vi) | When in the opinion of the trustees the security of debenture holders is in jeopardy.|-
|
| (b) | Steps which shall be taken by the debenture trustee in the event of defaults;|-
|
| (c) | Circumstances specifying when the security may be disposed off or leased out with the approval of trustees.|-
|
| (d) | A covenant that the company may hold and enjoy all the mortgaged premises and carry on therein and therewith the business until the security constituted becomes enforceable|-
|
5. OBLIGATIONS OF COMPANY:|-
|
This section shall state the company's duty with respect to-|-
|
| (a) | maintaining a Register of debenture holders including address of the debenture holders, record of subsequent transfers and changes of ownership;|-
|
| (b) | keeping proper books of accounts open for inspection by debenture trustees;|-
|
| (c) | permitting the debenture trustee to enter the debentureholder's premises and inspect the state and condition of charged assets;|-
|
| (d) | Furnishing information required by the debenture trustee for the effective discharge of its duties and obligation, including copies or reports, balance sheets, profit and loss account etc.;|-
|
| (e) | keeping charged property/security adequately insured and in proper condition;|-
|
| (f) | paying all taxes, cesses, insurance premium with respect to charged property/security, on time;|-
|
| (g) | not declaring any dividend to the shareholders in any year until the company has paid or made satisfactory provision for the payment of the installments of principal and interest due on the debentures;|-
|
| (h) | creating the debenture redemption reserve;|-
|
| (i) | converting the debentures into equity in accordance with the terms of the issue,if applicable;|-
|
| (j) | informing the debenture trustee about any change in nature and conduct of business by the company before such change;|-
|
| (k) | informing the debenture trustee of any significant changes in the composition its Board of Directors;|-
|
| (l) | Informing the debenture trustee of any amalgamation, merger or reconstruction scheme proposed by the company;|-
|
| (m) | ieeping the debenture trustee informed of all order, directions, notices of court/tribunal affecting or likely to effect the charged assets;|-
|
| (n) | not creating charge or encumbrance over the trust property without the approval of the trustee;|-
|
| (o) | obligation of the company to forward periodical reports to debenture trustees containing the following particulars:|-
|
| | (i) | updated list of the names and address of the debenture holders;|-
|
| | (ii) | details of interest due but unpaid and reasons thereof;|-
|
| | (iii) | the number and nature of grievances received from debenture holders and (a) resolved by the company (b) unresolved by the company and the reasons for the same.|-
|
| | (iv) | a statement that the assets of the company which are available by way of security are sufficient to discharge the claims of the debenture holders as and when they become due|-
|
| (p) | complying with all directions/guidlines issued by a Regulatory authority, with regard to the debenture issue|-
|
| (q) | submitting such information, as required by the debenture trustee|-
|
6. MISCELLANEOUS:|-
|
| (a) | The conditions under which the provisions of the trust deed or the terms and conditions of the debentures may be modified;|-
|
| (b) | The mode of service of notices and other documents on the company, the trustee and the holders of the debentures;|-
|
| (c) | The company to be responsible for paying any stamp duty on the trust deed or the debentures (if applicable);|-
|
| (d) | Provisions regarding meeting of the debenture holders;|-
|
| (e) | Provisions for redressal of grievances of debenture holders.|-
|
|
.
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
[Form No. SH-13]
[Substituted Form No. SH-13 and Form No. SH-14 by Notification No. 210(E) , dated 18.3.2015 (w.e.f. 31.3.2014).]
|-
|
Nomination Form|-
|
[Pursuant to section 72 of the Companies Act, 2013 and rule 19(1) of the Companies (Share Capital and Debentures) Rules 2014]|-
|
| To|-
|
| Name of the company :|-
|
| Address of the company :|-
|
| I/we............the holder(s) of the securities particulars of which are given hereunder wish to make nomination and do hereby nominee the following persons in whom shall vest, all the rights in respect of such securities in the event of my/our death.|-
|
| (1) PARTICULARS OF THE SECURITIES (in respect of which nomination is being made)|-
|
| {|
|
|
Nature of securities
|
Folio No.
|
No. of securities
|
Certificate No.
|
Distinctive No.
|
|-
| | (2) PARTICULARS OF NOMINEE/S -|-
| | (a) Name :|-
| | (b) Date of Birth :|-
| | (c) Father's/Mother's/Spouse's name :|-
| | (d) Occupation :|-
| | (e) Nationality :|-
| | (f) Address :|-
| | (g) E-mail id :|-
| | (h) Relationship with the security holder :|-
| |-
| | (3) IN CASE NOMINEE IS A MINOR --|-
| |-
| | (a) Date of birth :|-
| | (b) Date of attaining majority :|-
| | (c) Name of guardian :|-
| | (d) Address of guardian :|-
| |-
| | (4) PARTICULARS OF NOMINEE IN CASE MINOR NOMINEE DIES BEFORE ATTAINING AGE OF MAJORITY|-
| |-
| | (a) Name :|-
| | (b) Date of Birth :|-
| | (c) Father's/Mother's/Spouse's name :|-
| | (d) Occupation :|-
| | (e) Nationality :|-
| | (f) Address :|-
| | (g) E-mail id :|-
| | (h) Relationship with the security holder :|-
| Name :|-
| Address :|-
| | Name of the Security Holder(s) | Signature| Witness with name and address|-
|
|}
| | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
[Form No. SH-14]
[Substituted Form No. SH-13 and Form No. SH-14 by Notification No. 210(E) , dated 18.3.2015 (w.e.f. 31.3.2014).]
|-
|
Cancellation or Variation of Nomination|-
|
[Pursuant to sub-section (3) of section 72 of the Companies Act, 2013 and rule 19(9) of the Companies (Share Capital and Debentures) Rules 2014]|-
|
|-
|
| Name of the company :|-
|
I/we hereby cancel the nomination(s) made by me/us in favour of.........................(name and address of the nominee) in respect of the below mentioned securities.|-
|
Or|-
|
I/we hereby nominate the following person in place of ...............................................as nominee in respect of the below mentioned securities in whom shall vest all rights in respect of such securities in the event of my/our death.|-
|
|-
|
| (1) PARTICULARS OF THE SECURITIES (in respect of which nomination is being cancelled/varied)|-
|
|-
|
| {|
|
|
Nature of securities
|
Folio No.
|
No. of securities
|
Certificate No.
|
Distinctive No.
|
|-
| | (2) (a) PARTICULARS OF THE NEW NOMINEE :|-
| | (i) Name :|-
| | (ii) Date of Birth :|-
| | (iii) Father's/Mother's/Spouse's name :|-
| | (iv) Nationality :|-
| | (v) Address :|-
| | (vi) E-mail id :|-
| | (vii) Relationship with the Security holder :|-
| |-
| | (b) IN CASE NEW NOMINEE IS A MINOR -|-
| |-
| | (i) Date of Birth :|-
| | (ii) Date of attaining majority -|-
| | (iii) Name of guardian :|-
| | (iv) Address of guardian :|-
| |-
| | (3) PARTICULARS OF NOMINEE IN CASE MINOR NOMINEE DIES BEFORE ATTAINING AGE OF MAJORITY|-
| |-
| | (a) Name :|-
| | (b) Date of Birth :|-
| | (c) Father's/Mother's/Spouse's name :|-
| | (d) Occupation :|-
| | (e) Nationality :|-
| | (f) Address :|-
| | (g) E-mail id :|-
| | (h) Relationship with the security holder:(i) Relationship with the minor nominee :|-
| |-
| | Signature|-
| |-
| | Name of the Security|-
| | Holder(s) |-
| | Witness with name and address|-
|
|}
| | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Form No. SH-15|-
|
Certificate of compliance in respect of buy-back of securities|-
|
[Pursuant sub-rule (14) of rule 17 of the Companies (Share Capital and Debentures) Rules 2014]|-
|
|-
|
1.| (a) | Corporate identity number (CIN) of company:|-
|
| (b) | Global location number (GLN) of company :|-
|
2.| (a) | Name of the company :|-
|
| (b) | Address of the registered office of the company :|-
|
| (c) | E-mail ID of the company :|-
|
| We,........................................directors of the above company certify that the provisions of Companies Act, 2013 and rules made thereunder relating to buy-back of securities have been complied with in respect of the securities bought back vide Board Resolution dated.............and / or special resolution passed by the members in the general meeting held on...........and the details relating to which has been filed inForm No. SH-11with the Registrar of Companies.|-
|
|-
|
{|
|
|
Date :
|
Signature :
|
|
Place :
|
(1) Managing Director / Director
|
|
|
(2) Director
|
|
Verified
by...............................................................................................................................
|
|
|
Company Secretary in Practice
|
|
|
CP No.
|
|-
|
|}
[Substituted by Notification No. G.S.R. 574(E) , dated 16.8.2019 (w.e.f. 31.3.2014).]
|
65b9bd0bab84c7eca86e9d11 | acts |
State of Rajasthan - Act
--------------------------
The Rajasthan Higher Judicial Service Rules, 1969
---------------------------------------------------
RAJASTHAN
India
The Rajasthan Higher Judicial Service Rules, 1969
===================================================
Rule THE-RAJASTHAN-HIGHER-JUDICIAL-SERVICE-RULES-1969 of 1969
---------------------------------------------------------------
* Published on 21 January 1989
* Commenced on 21 January 1989
The Rajasthan Higher Judicial Service Rules, 1969
Published vide Notification No. F. 19(36) /Jud./67, dated January 17, 1969, Published in the Rajasthan Gazette, Extra-ordinary dated 21st January, 1989, Part 4-C
In exercise of the powers conferred by Article 233 and the proviso to Article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Rajasthan hereby makes the following rules in consultation with the High Court of Judicature for Rajasthan in respect of the Rajasthan Higher Judicial Service for the purpose of giving effect to the principles formulated by the High Court for making appointments, postings and promotions to the cadre of District Judges, and to provide for other ancillary matters, namely:-
Part I – General
------------------
### 1. Short title commencement and application.
(1) These Rules may be called the Rajasthan Higher Judicial Service Rules, 1969.
(2) They shall come into force at once.
(3) They shall apply to the members of the Rajasthan Higher Judicial Service.
### 2. Supersession of existing rules.
- All existing rules relating to the matters covered by these rules are hereby superseded.
Explanation.- For the purpose of application of the Rajasthan General Clauses Act, 1955 (Rajasthan Act 8 of 1955) to these rules, the supersession of the existing rules shall be construed as repeal of those rules.
### 3. Definitions.
- In these rules, unless there is anything repugnant in the subject or context:-
(a) "Constitution" means the constitution of India;
(b) "Court" means the High Court of Judicature for Rajasthan;
(c) "Direct recruitment" means recruitment in the matter prescribed by clause (ii) of rule 8;
(d) "District Judge" includes Additional District Judge, Sessions Judge and Additional Sessions Judge;
(e) "Government" "Governor" and "State" means, respectively, the Government, the Governor and the State of Rajasthan;
(f) "Member of the Service" means a person appointed in a substantive capacity to a post in the service;
(g) "Schedule" means a Schedule to these rules;
(h) "Service" means the Rajasthan Higher Judicial Service.
### 4. Status of the Service.
- The Rajasthan Higher Judicial Service is a State Service.
### 5. Constitution of the Service.
- The service shall consist of District Judges.
Part II – Cadre
-----------------
### 6. Strength of the Service.
(1) The strength of the Service shall, until orders varying the same have been passed under sub- rule (2), be as specified in Schedule I.
(2) The strength of the service may be varied by the Governor, from time to time, in consultation with the Court.
(3) Notwithstanding anything contained in sub-rule (1) and (2), the Governor may, in consultation with the Court, hold any appointment to the service in abeyance for such time as he deems fit, without thereby entitling any person to compensation.
Part III – Principles and Procedure of Recruitment and Promotion
------------------------------------------------------------------
### 7. Principles and procedure to be followed.
- For the purpose of recruitment to the service, the following principles and procedure of recruitment and promotion laid down by the Court shall be followed.
### 8. Sources of recruitment.
- Recruitment to the service shall be made-
(i) by promotion from amongst the members of the Rajasthan Judicial Service; or
(ii) by direct recruitment from the advocates who have practiced in the Court or Courts subordinate thereto for a period of not less than seven years.
### 9. Appointment to the service.
(1) Subject to the provisions of these rules, appointment of persons to the service shall be made by the Governor on the recommendation of the Court made from time to time;
Provided that the number of persons appointed to the service by direct recruitment shall at no time exceed one third of the total strength of the service.
(2) Subject to the provisions of sub-rule (1), after every three persons appointed by promotion, the fourth person shall, as far as possible, be appointed by direct recruitment. If a suitable person is not available for appointment by direct recruitment, the post may be filled by promotion from amongst the members of the Rajasthan Judicial Service.
### 10. Reservation of posts for Scheduled Castes and Scheduled Tribes.
- Reservation of posts for Scheduled Castes and Scheduled Tribes shall be in accordance with the orders of the Government in force at the time to recruitment.
Recruitment by Promotion
### 11. Eligibility.
- No member of the Rajasthan Judicial Service shall be eligible for promotion to the service unless he has served for seven years in that service.
### 12. Criterian for selection.
- For the purpose of recruitment to the service by promotion under clause (i) of rule 8, the selection shall be made on the basis of seniority-cum-merit from amongst the members of the Rajasthan Judicial Service who are eligible for such promotion under rule 11.
### 13. Procedure for selection.
(1) After a decision is taken by the Court as to the number of persons to be recruited by promotion, the selection shall be made by the Court from amongst the members of the Rajasthan Judicial Service who satisfy the criterian laid down in rule 12.
(2) A list of the selected officers shall be made in the order the Court may determine, and the names of the officers shall be recommended for appointment to the service in the order given in that list having regard to the provisions of rule 9.
(3) At the time when a fresh list has to be drawn up the cases of all the eligible officers shall again be considered by the Court on merits.
Direct Recruitment
### 14. Age.
- a candidate for direct recruitment to the service must have attained the age of 35 years and must not have attained the age of 45 years on the first day of January preceding the last date fixed for submission of the application;
Provided that for direct recruitment in the years, 1968, 1969, 1970, 1971 and 1972 the upper age limit shall not apply to any candidate who is a Released Commissioned Officer as defined clause (e) of sub-rule (i) of rule 3 of the Rajasthan Civil Services (Recruitment of Released Emergency Commissioned and Short Services Commissioned Officers) Rules, 1968, if he fulfills the qualifications laid down in rule 15.
### 15. Qualifications.
- A candidate for direct recruitment to the service-
(i) must be a citizen of India, and
(ii) must be an advocate who has practiced in the Court or Courts subordinate thereto for a period of not less than seven years.
### 16. Character and physical fitness.
(1) The character of a candidate must be such as to render him suitable in the opinion of the Court in all respects for appointment to the service. He must produce a certificate of good character from the District Judge of the District in which he has been practicing as a lawyer and two such certificates, written not more than six months prior to the date of submission of application to the Court, from two responsible persons not related to him.
(2) A person dismissed by the Central Government or by a State Government or convicted of an offence involving moral turpitude shall not be eligible for appointment.
(3) No person shall be appointed as a member of the service by direct recruitment 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 as a member of the service. Before a candidate is fine by approved for appointment by direct recruitment, he shall be required to appear before a medical board which will examine him and certify if he is fit for appointment to the service.
### 17. Notice of recruitment.
- applications for direct recruitment to the service shall be invited by the Court by publishing a notice to that effect in the Rajasthan Rajpatra and in such other manner as it may deem fit.
### 18. Form of application.
- Applications shall be made in the form prescribed by the Court and obtainable from the Registrar of the Court on payment of a fee of Rs. 5/-.
### 19. Channel of submission of application.
- An application shall be submitted through the District Judge of the district in which the candidate is practising as an advocate, who shall send to the Court in respect of each applicant, his own estimate of the applicant's character and fitness for appointment to the service. Each application must be accompanied by the Matriculation or equivalent certificate, certificate stating the period for which he has practised as an advocate, certificate of character and such other documents as may be prescribed by the Court.
### 20. Scrutiny of application and interview.
(1) The Court shall scrutinise the applications received in accordance with the provisions of rule 19 and thereafter call for interview only those who, in its opinion, are fit to be called for that purpose.
(2) Such candidates shall be interviewed by a Committee constituted by the Court consisting of the Chief Justice, the Administrative Judge and two other Judges.
(3) The recommendation of the Committee shall be placed before the Full Court with the relevant record and the Court shall make the final selection of the candidate or candidates suitable for appointment to the service in order of merit.
(4) [Notwithstanding anything hereinbefore contained; if the number of persons selected in accordance with the above mentioned provisions is less than the number of posts required to be filled, by direct recruitment, the Court may select persons to fill the remaining vacancies even from amongst those advocates who have not applied under rule 19 but fulfill the qualifications laid down in clause (ii) of rule 8 and are considered to be fit for appointment to the service.]
[Added by F.19(36) Jud./67 G.S.R.15, dated 18-6-1969, Part IV(C), w.e.f. 18-6-1969, pages 55-56]
### 21. List of candidates selected by direct recruitment.
- [The Court shall prepare list of all the Candidates whom it considers suitable for appointment to the service arranging their names in the order in which they are to be appointed and shall recommend their names to the Governor for appointment to the service having regard to the provisions of rule 9.]
[Substituted by F.19(36) Jud./67 G.S.R.15, dated 18-6-1969, Part IV(C), w.e.f. 18-6-1969, pages 55-56]
Temporary [or Officiating]
[Added by F.19(36) Jud./67IIG.S.R.24, dated 7.7.1972, w.e.f. 12.7.72, pages 215-220]
Appointment
### 22. Temporary or officiating appointment.
- On the occurrence of temporary [or permanent]
[Inserted vide F.19(36) Jud./67IIG.S.R.24, dated 7.7.1972, w.e.f. 12.7.72, pages 215-220]
vacancies the Court shall recommend to the Governor the names of the candidates from amongst the persons who are eligible for appointment to the service by promotion under clause (i) of rule 8, [for temporary or officiating appointment.]
Appointments to Selection Grade
### 23. Appointments to posts in the selection Grade.
- Appointments to the posts in the selection grade of the service shall be made by the Governor in consultation with the Court on the basis of merit.
Part IV – Seniority, Probation and Confirmation
-------------------------------------------------
### 24. Seniority.
- Subject to the other provisions of these rules, seniority in the service shall be determined by the date of the order of substantive appointment in a permanent vacancy including appointment on probation under rule 25 :
Provided that a promoted officer who may have been allowed to officiate continuously against a permanent vacancy in the cadre from a date, prior to the date of appointment of a direct recruit, shall, if he is subsequently selected and substantively appointed in the service, take his seniority in the cadre over such direct recruit :
Provided further that the seniority of candidates appointed to the service shall in the case of the appointment of more persons than one to the service by an order of the same date, follow the order in which their names have been recommended by the Court.
### 25. Probation.
- All persons appointed to the service by direct recruitment under clause (ii) of rule 8 shall be placed on probation for a period of two years.
### 26. Service when dispensed with or period of probation ex-tended.
(1) If it appears at any time during or at the end of the period of probation that an officer has not made sufficient use of his opportunities or if he has otherwise failed to give satisfaction, the Governor may in consultation with the Court dispense with his services;
Provided that the Governor may, in special cases in consultation with the Court, extend the period of probation of such officer by a specified period not exceeding one year.
(2) An officer whose services are dispensed with during or at the end of the original or extended period of his probation under sub-rule (1) shall not be entitled to any compensation.
### 27. Confirmation.
- A probationer shall be confirmed in his appointment at the end of the original or extended period of his probation if the Governor, after consultation with the Court, is satisfied that he is fit for confirmation.
Part V – Other Provisions
---------------------------
### 28. Scale of pay.
(1) The scale of monthly pay admissible to the members of the service shall be as follows:-
| | |
| --- | --- |
|
Selection Scale -
|
Rs. 2500/- fixed.
|
|
Ordinary time-scale-
|
Rs.[1350-50-1600-60-2200]
[Revised by Rajasthan Civil Service (Revised New Pay Scales) Rules, 1976, w.e.f. 1-9-76.]
.
|
(2) In addition to the pay which may be drawn under sub-rule (1), a member of the service who is appointed to any of the posts specified in column 2 of Schedule II, shall receive the amount specified, in column 3 thereof as special pay.
### 29. Initial Pay.
(1) The initial pay of a person appointed to the service shall be fixed in the ordinary time scale :-
(a) if such appointment has been made by promotion under clause (1) of rule 8, at the stage equal to the officer's actual pay on the lower post plus Rs. 200/-, and in case there is no stage equal to the officer's actual pay, at the stage next above the officer's actual pay plus Rs. 200/-. [The date of increment shall remain unchanged in both the cases provided that when the pay is fixed at the minimum of the time-scale and the pay so fixed and the pay drawn in lower post results in a benefit of an amount exceeding Rs. 200/-the next increment shall be admissible after completion of service for full incremental period counting for increment under rule 31 of the Rajasthan Service Rules.]
[Added by F.19(36) Jud./67IIG.S.R.24, dated 7.7.1972, w.e.f. 12.7.72, pages 215-220]
(b) if such appointment has been made by direct recruitment under clause (ii) of rule 8,
| | |
| --- | --- |
|
at Rs. 1350 in case such person has practised
|
for seven years.
|
|
at Rs. 1400 in case such person has practised
|
for eight years.
|
|
at Rs. 1450 in case such person has practised
|
for nine years.
|
|
at Rs. 1500 in case such person has practised
|
for ten years.
|
|
at Rs. 1550 in case such person has practised
|
for eleven years.
|
|
at Rs. 1600 in case such person has practised
|
for twelve years or more.
|
(2) An officer appointed by direct recruitment shall be eligible to draw increments as they fall due during the period of probation, provided that if the period of probation is extended, such extension shall not count for increment unless the governor on the recommendation of the Court otherwise directs.
(3) The officiating pay of a person appointed temporarily under rule 22, shall be fixed in accordance with clause (a), sub-rule (1), and if such officer without any break is later on appointed substantively, he shall continue to draw the same pay as he was drawing in officiating capacity.
### 29A. [ Initial pay of persons appointed as District Judges prior to the coming into force of these rules.
[Inserted by F.19(36) Jud./67IIG.S.R.24, dated 7.7.1972, w.e.f. 12.7.72, pages 215-220]
- The initial pay of the persons appointed as District Judges prior to the coming into force of these rules shall be fixed in accordance with the principles laid down in schedule IV:
Provided that the pay of an officer belonging to the defunct cadre of Civil and Additional Sessions Judges, who consequent upon the abolition of the cadre of Civil and Additional Sessions Judges, was appointed as Additional District and Sessions Judge on the 15th June, 1968, shall be fixed at the stage equal to the officer's actual pay drawn as Civil and Additional Sessions Judge in substantive or officiating capacity on the 14th June, 1968 plus 200/- and in case there is no equal stage, at the stage next above the officer's actual pay drawn as Civil and Additional Sessions Judge in substantive or officiating capacity plus Rs. 200/-. The date of increment shall remain unchanged in both the cases provided that when the pay is fixed at the minimum of the time-scale and the pay so fixed and the pay drawn in lower post results in a benefit of an amount exceeding Rs. 200/-, the next increment shall be admissible after completion of service for full incremental period counting for increment under rule 31 of the Rajasthan Service Rules.
### 29B. Stepping up of pay of the Senior Officer if the Junior Officer draws higher pay.
(1) As a result of fixation of pay under rule 29 or 29A, if the pay of an officer appointed as District and sessions Judge or Additional District and Sessions Judge by promotion or abolition of the cadre of Civil and Additional Sessions Judges respectively becomes less than the pay of the Junior Officer appointed as District and Sessions Judge or Additional District and Sessions Judge, pay of the Senior Officer shall be fixed at the stage equal to the pay of Junior Officer provided that the following conditions are fulfilled:-
(i) the junior officer was not already getting more pay than the senior officer at the time of his promotion to the ordinary time- scale of the Rajasthan Higher Judicial Service:
(ii) the junior officer had always been drawing less or equal pay to that of senior officer and even on the date when the senior officer was promoted from the lower cadre to the ordinary time- scale of the Rajasthan Higher Judicial Service;
(iii) the increase in pay of the junior officer is directly on account of application of the methods of pay fixation as laid down in these rules, and
(iv) the junior officer has not been granted higher initial pay under Rajasthan Higher Judicial Service rules or advance increments under Rajasthan Service Rules or Rajasthan Civil Service (New Pay Scales) Rules, 1969.
(2) The next date of increment will be after completion of full incremental period under rule 31 of Rajasthan Service Rules.]
### 30. Leave, allowance, pension etc.
- Except as otherwise provided in these rules, the pay, allowances, pension, leave and other conditions of service of the member of the service shall be regulated by-
(1) the Rajasthan Service Rules,
(2) the Rajasthan Service (Medical Attendance) Rules,
(3) the Rajasthan Travelling allowance Rules,
(4) any other rules made under the proviso to Article 309 of the Constitution and made applicable to the members of the Service in consultation with the Court.
### 31. Canvassing.
- No recommendation for recruitment either written or oral other than that required under the rules shall be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature by other means, shall make him liable to disqualification for appointment.
### 32. Oath.
- Every person appointed to the service shall be required to take an oath or make a solemn affirmation that he will bear true faith and allegiance to the Constitution of India as by law established, that he will uphold the sovereignty and integrity of India and that he will duly and faithfully discharge the duties of his office unless, in the case of a person appointed by promotion, it is established that he has already taken such an oaths or made such an affirmation.
Part VI – Miscellaneous
-------------------------
### 33. Deputation.
(1) Any member of the service may be deputed by the Governor, in consultation with the Court to perform the duties of any post in the Central Government or a State Government or to serve in a body incorporated or not, which is wholly or substantially owned or controlled by the Government.
(2) A member of the service appointed under sub-rule (i) to any of the posts specified in column 2 of Schedule III shall receive, in addition to the pay drawn by him, the amount specified in column 3 thereof, as special pay.
### 34. Civil Judge not to become a member of the service by conferment of powers of Assistant Sessions Judge on him.
- The Governor may, in consultation with the Court, confer, by a special or general order, the powers of an Assistant Sessions Judge on a Civil Judge, but such Civil Judge shall not on that account become a member of the service.
[Schedule I]
[Substituted by F.19(26) Jud./67(G.S.R.16), dated 3.6.85, w.e.f. 20.6.85, pages 29-31]
Strength of Service
(See rule 6)
| | |
| --- | --- |
|
Designation of the
post1
|
Strength2
|
|
District & Sessions Judge & Additional
|
|
|
District Sessions Judge:-
|
89
|
|
(a) In
Selection Scale
|
17
|
|
|
(b) In
Ordinary Time Scale
|
74
|
|
|
This number
includes two ex-cadre posts held by Judicial Officers as members
of Board of Revenue; Rajasthan as per Government Order No. F.
19(28) Jud./66, dated 2.2.1985.
|
|
|
This number includes the following posts:-
|
|
|
1.
|
District and Sessions Judges
|
29
|
|
2.
|
Addl. District and Sessions Judges
|
29
|
|
3.
|
Law Secretary-cum-Legal Remembrancer
|
1
|
|
4.
|
Joint Legal Remembrancer-I
|
1
|
|
5.
|
Joint Legal Remembrancer (Vidhi Rachna Sangthan)
|
1
|
|
6.
|
Deputy Legal Draftsman
|
2
|
|
7.
|
Registrar, Rajasthan High Court
|
1
|
|
8.
|
Registrar (Vigilance) Raj. High Court
|
1
|
|
9.
|
Addl. Registrar, Rajasthan High Court, Ju.
|
1
|
|
10.
|
Addl. Registrar Rajasthan High Court, Jaipur Bench, Jaipur
|
1
|
|
11.
|
Judge, Labour Courts (Jaipur, Jodhpur, Udaipaur, Bikaner and
Kota)
|
5
|
|
12.
|
Member, State Transport Appellate Tribunal, Jaipur
|
1
|
|
13.
|
Judge, Industrial Tribunal Jaipur
|
1
|
|
14.
|
Presiding Officer in Rajasthan State cooperative Tribunal,
Jaipur
|
1
|
|
15.
|
Reserve for leave training, deputation and for holding
temporary posts
|
14
|
|
Total
|
89
|
Notes:- 1. Strength cadre of 47 w.e.f. promulgation of the Rules.
### 2. The post of Member, State Transport appellate Tribunal was added vide order No. F. 19 (36) Jud. /67, dated 2.7.74. Thus, the cadre strength raised to 48 w.e.f. 2.7.1974 ###
3. Eight new permanent posts of Addl. District and Sessions Judges were created and added vide order No. F. 19 (43) Jud./75, dated 19-4-75 and with effect from 19-4-75 the cadre strength raised to 56 posts.
### 4. Post of Registrar (Vigilance) Rajasthan High Court, Jodhpur was added and made permanent with effect from 11.3.1976 vide order No. F. 19 (49) Jud./68, dated 13.4.1976. The cadre strength raised to 57 posts. ###
5. Four posts of Additional District and Sessions Judges, posts of Joint Legal Remembrancer (VRS) , Presiding Officer, Rajasthan State Co-operative Tribunal, Jaipur and Judge, Industrial Tribunal, Jaipur were added with effect from 1.3.1976 vide order No. F. 19 (63) Jud./76, dated 16.4.1982. The cadre strength raised to 64 posts w.e.f. 1.3.1976.
### 6. Seven posts under the head reserve for leave, training, deputation and for holding temporary posts were added in the year 1976 w.e.f. 1.1.76, 1.7.76, 3.9.76, 2.10.76, 1. 12.76, 16.12.76 respectively. Thus the cadre strength was raised to 71 posts. ###
7. The post of Additional Registrar, Rajasthan High Court, Jaipur Bench was added and made permanent with effect from 6.5.1977 vide order No. F. 2(3) Jud./69 part II, dated 6.5.1977. The cadre strength, therefore, raised to 72 w.e.f. 6.5.1977.
### 8. Four posts of Additional district and Sessions Judges and the post of Additional Registrar, Rajasthan High Court, Jodhpur were added and made permanent w.e.f. 132. 1983 vide order No. F. 47 (32) Jud./81, dated 13.1.1983. Thus, the cadre strength raised to 77 posts w.e.f. 13.1.83. ###
9. Nine posts of Additional District and Sessions Judges and four posts of Judge Labour Courts (Udaipur, Bikaner, Kota and Jodhpur) were added and made permanent w.e.f. 1.4.1983 vide order No. F. 2(30) Jud./77 dated 312.8.1984. The cadre strength raised to 90 posts w.e.f. 1.4.1983.
### 10. One permanent post of Deputy Legal Remembrancer-I wxisting in the original Schedule I being in abeyance the cadre strength is taken to be of 89 posts. This bears the concurrence of the Finance Department vide their I.D. 2295, dated 1-6-85.
II
----
Special pays admissible to the members of the Rajasthan Higher Judicial Service under rule 28(2) | | | |
| --- | --- | --- |
|
S. No.
|
Name of the Post
|
Amount per mensem
|
|
1
|
2
|
3
|
|
1.
|
Secretary to the Government Law & Judicial Department cum
Legal Remembrancer.
|
Rs. 250/-
|
Provided
that pay plus special pay shall not exceed Rs. 2500/-
|
|
2.
|
Judge, Labour Court
|
Rs. 250/-
|
|
3.
|
Joint Legal Remembrancer to the Government.
|
Rs. 200/-
|
|
4.
|
Registrar, Rajasthan High Court.
|
Rs. 200/-
|
|
5.
|
Deputy Legal Remembrancer.
|
Rs. 150/-
|
|
6.
|
Deputy Legal Draftsman.
|
Rs. 150/-
|
III
-----
Special pays admissible to the members of the Rajasthan Higher Judicial Service rules 33(2) | | | |
| --- | --- | --- |
|
S. No.
|
Name of the Post
|
Amount per mensem
|
|
1
|
2
|
3
|
|
1.
|
Chairman, Rajasthan State Co-operative Tribunal
|
Rs.250/-
|
Provided that pay plus special pay shall exceed Rs. 2500/-
|
|
2.
|
Secretary, Legislative Assembly
|
Rs.250/-
|
[Schedule IV]
[Added by F.19(36) Jud./67IIG.S.R.24, dated 7.7.1972, w.e.f. 12.7.72, pages 215-220]
Principles of pay fixation of officers promoted as District Judges (See Rule 29A)
### 1. In this Schedule:- (i) "actual pay" means the pay to which a member of the service is entitled by virtue of his substantive position in the grade of Civil and Additional Sessions Judges; and
(ii) "assumed pay" means the pay which an officer would be drawing in the ordinary time scale of civil Judges, had he not been appointed as Civil and Additional Sessions Judge in an officiating or substantive capacity.
Explanation.- 'actual pay' and 'assumed pay' shall be construed as pay admissible to an officer according to the sanctioned pay scales prevailing at the time of promotion or other pay scales namely. Unit pay Scales, Unified Pay Scales, Rationalized Pay Scales, Ajmer Pay Scales, Bombay Pay Scales, Madhya Bharat Pay Scales or any other scale for which option had been retained by the officer, under the respective rules or under rule 28 of the Rajasthan Service Rules till the date of promotion.
### 2. The initial pay of an officer who was initially appointed as a substantive Civil and Additional Sessions Judge under order No. F. 1 (357) apptts./5l, dated the 23rd April, 1951 shall be fixed at the stage in the scale of District and Sessions Judges next above the amount equal to the officer's actual pay plus increase at the rate of one increment in the time scale of District and Sessions Judges for every three years of service in the Rajasthan Judicial Service and the Rajasthan Higher Judicial Service (Civil and Additional Sessions Judges) subject to a maximum increase of Rs. 200/- and a maximum increase of Rs. 300/-; Provided that :-
(i) Where, on the prescribed increase being calculated as aforesaid, the figure arrived at corresponds to a stage in the time scale of District and Sessions Judge, the pay shall be fixed at that stage and not at the next higher stage;
(ii) Where the actual increase calculated as above is less than Rs. 200/- and addition of the minimum increase of Rs. 200/- to the assumed pay results in an amount equal to or less than the minimum of the grade, the initial pay shall be fixed at the minimum of the grade.
### 3. The initial pay of an officer, other than the officers referred to in para 2, appointed substantively or in an officiating capacity to the post of Civil and Additional Sessions Judge, shall be fixed at the stage in the scale for District and Sessions Judges next above the amount equal to the officer's assumed pay in the ordinary time-scale of Civil Judges plus increase at the rate of one increment in the time scale for District and Sessions Judges for every three years of service in the Rajasthan Judicial Service and the Rajasthan Higher Judicial Service. (Civil and Additional Sessions Judges) subject to a minimum increase of Rs. 200/- and a maximum increase of Rs. 300/- Provided that:-
(i) Where the amount arrived at after the addition of such minimum or maximum corresponds to a stage in the time scale for District and Sessions Judges, the initial pay shall be fixed at that state;
(ii) Where the actual increase calculated as above is less than Rs. 200/- and addition of the minimum increase of Rs. 200/- to the assumed pay results in an amount equal to or less than the minimum of the grade, the initial pay shall be fixed at the minimum of the grade.
### 4. For purposes of paragraphs 2 and 3, service in the Rajasthan Judicial Service and Service as Civil and Additional Sessions Judge shall, in the case of Judicial Officers of the former State, the former Bombay State and the pre-reorganisation State of Rajasthan as also of the re-organised State of Rajasthan include the total gazetted service rendered by an officer before 1st November, 1956. Note:- (1) "Gazetted Service" in this paragraph shall mean service on gazetted posts certified by the High Court as equivalent in responsibility to those encadered in the Rajasthan Judicial Service or the Rajasthan Higher Judicial Service subject to the condition that any service on a post carrying a pay of less than Rs. 100/- per mensem shall not be treated as gazetted service.
(2) In the case of Judicial Officers of the pre-reorganisation State of Rajasthan, any gazetted service rendered by them in the convenanting states shall also count.
|
65b9c333ab84c7eca86e9e7b | acts |
State of Madhya Pradesh - Act
-------------------------------
M.P. Fodder (Export Control) Order, 2000
------------------------------------------
MADHYA PRADESH
India
M.P. Fodder (Export Control) Order, 2000
==========================================
Rule M-P-FODDER-EXPORT-CONTROL-ORDER-2000 of 2000
---------------------------------------------------
* Published on 30 November 2000
* Commenced on 30 November 2000
M.P. Fodder (Export Control) Order, 2000
Published vide Notification No. F. 2-15-2000-35, dated the 30-11-2000, in M.P. Rajpatra (Asadharan) , dated 30-11-2000 at pages 1444 (1-2)
Notification No. F. 2-15-2000-XXXV, dated the 30-11-2000.- Whereas, the State Government is of the opinion that it is necessary and expedient so to do for maintaining supplies of cattle fodder and for securing its equitable distribution and availability at fair price within the State of Madhya Pradesh.
Now, therefore, in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (No. 10 of 1955), read with the order of the Government of India in the Ministry of Agriculture (Department of Animal Husbandry and Dairying) No. 2-60/99-AHT, dated the 27th November, 2000 the State Government hereby makes the following orders, namely :-
### 1. Short title, extent and commencement.
(1) This order may be called the Madhya Pradesh Fodder (Export Control) Order, 2000.
(2) It extends to the whole of the State of Madhya Pradesh.
(3) It shall come into force at once and shall cease to be in force with effect from 31st May, 2001 unless rescinded earlier.
### 2. Definitions.
- In this order, unless the context otherwise requires,-
(a) "Border area" means the area within a distance of eight kilometer from the border of the State of Madhya Pradesh with the State of Rajasthan, Uttar Pradesh, Bihar, Chhattisgarh, Maharashtra and Gujarat;
(b) "Export" means to take or cause to be taken from any means whatsoever from any place within the State of Madhya Pradesh any place outside that State;
(c) "Cattle Fodder" means Kadbi (Jowar stems), Paira (Paddy stems), wheat bhusa, grass and other varieties of fodder consumed by cattle;
(d) "Cattle Government" means the Government of the State of Madhya Pradesh.
### 3. Restrictions on movement of cattle fodder.
- No person shall export or attempt to export or abet the export of cattle fodder except under and in accordance with a permit issued by the State Government or by an officer authorised in that behalf by the State Government :
Provided that nothing contained in this clause shall apply to the export of cattle fodder,-
(i) On Government account, or
(ii) Under and in accordance with Military Credit Notes.
### 4. Restrictions on movement of cattle fodder to the border area.
- No person shall transport or attempt to transport or abet the transportation of cattle fodder except under and in accordance with a permit issued by the State Government or by an Officer authorised in that behalf by the State Government to any place in the border area from any place in the State of Madhya Pradesh outside such border area :
Provided that nothing contained herein shall apply to the transportation of cattle fodder-
(i) On Government account, or
(ii) Under and in accordance with Military Credit Notes.
### 5. Power of entry, search, seizure, etc.
(1) Any Police Officer not below the rank of Assistant Sub-Inspector of Police or any Officer of Revenue Department not below the rank of Naib-Tahsildar or any other officer authorised in this behalf by the State Government may, with a view to securing compliance with this order or to satisfying himself that this order has been complied with-
(i) Stop and search or authorise any person to stop and search any boat, motor or any other vehicle or receptacle used or capable of being used for export of cattle fodder;
(ii) Enter and search and authorise any person to enter and search any place;
(iii) Seize or authorise the seizure of any article in respect of which he has reason to believe that any provision of this order has been or is being or is about to be contravened, along with the packages, coverage or receptacles in which such article is found or the animals, vehicles, vessels, boats or conveyances used in carrying such article and thereafter take or cause to be taken all measures necessary for securing the production of package coverings, receptacles, animals, vehicles, vessels, boats or conveyances so seized in a Court and for their safe custody pending such production :
Provided that in the exercise of the powers of entry and search due regard shall be paid to the social and religious customs of the occupants of the premises entered and searched.
(2) The provisions of Section 100 of the Code of Criminal Procedure, 1973 (No. 2 of 1974) relating to search and seizure shall so far as may be, apply to searches and seizures under this clause.
### 6. Duty to comply with order and direction.
- Every person to whom order or direction is issued under any powers conferred by or under this order shall comply with such order or directions.
|
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.
|
65ba7741ab84c7eca86eb7cc | acts |
Union of India - Act
----------------------
The Kazis Act, 1880
---------------------
UNION OF INDIA
India
The Kazis Act, 1880
=====================
Act 12 of 1880
----------------
* Published in Gazette 12 on 1 January 1980
* Assented to on 1 January 1980
* Commenced on 1 January 1980
The Kazis Act, 1880
### 1. Short title.—
This Act may be called the Kazis Act, 1880;
\*\*\*
Local Extent.—
It extends, in the first instance, only to the territories administered by the Governor of Fort Saint George in Council. But the Government of any other State may, from time to time, by notification in the Official Gazette, extend it to the whole or any part of the territories under its administration.
### 2. Power to appoint Kazis for any local area.—
Wherever it appears to the State Government that any considerable number of the Muhammadans resident in any local area desire that one or more Kazis should be appointed for such local area, the State Government may, if it thinks fit, after consulting the principal Muhammadan residents of such local area, select one or more fit persons and appoint him or them to be Kazis for such local area.
If any question arises whether any person has been rightly appointed Kazi under this section, the decision thereof by the State Government shall be conclusive.
The State Government may, if it thinks fit, suspend or remove any Kazi appointed under this section who is guilty of any misconduct in the execution of his office, or who is for a continuous period of six months absent from the local area for which he is appointed, or leaves such local area for the purpose of residing elsewhere, or is declared an insolvent, or desires to be discharged from the office, or who refuses or becomes in the opinion of the State Government unfit, or personally incapable, to discharge the duties of the office.
### 3. Naib Kazis.—
Any Kazi appointed under this Act may appoint one or more persons as his naib or naibs to act in his place in all or any of the matters appertaining to his office throughout the whole or in any portion of the local area for which he is appointed and may suspend or remove any naib so appointed.
When any Kazi is suspended or removed under section 2, his naib or naibs (if any) shall be deemed to be suspended or removed, as the case may be.
### 4. Nothing in Act to confer judicial or administrative powers; or to render the presence of Kazi necessary; or to prevent any one acting as Kazi.—
Nothing herein contained, and no appointment made hereunder, shall be deemed—
(a) to confer any judicial or administrative powers on any Kazi or Naib Kazi appointed hereunder; or
(b) to render the presence of a Kazi or Naib Kazi necessary at the celebration of any marriage or the performance of any rite or ceremony; or
(c) to prevent any person discharging any of the functions of a Kazi.
|
65b918a3ab84c7eca86e8498 | acts |
State of Uttar Pradesh - Act
------------------------------
The U.P. Excise (Price Of Foreign Liquor) Rules, 1982
-------------------------------------------------------
UTTAR PRADESH
India
The U.P. Excise (Price Of Foreign Liquor) Rules, 1982
=======================================================
Rule THE-U-P-EXCISE-PRICE-OF-FOREIGN-LIQUOR-RULES-1982 of 1982
----------------------------------------------------------------
* Published on 15 October 1982
* Commenced on 15 October 1982
The U.P. Excise (Price Of Foreign Liquor) Rules, 1982
Published Vide Notification No. 13678/Licence, dated 15th October, 1982, published in U.P. Gazette, dated 13th November, 1982, Part 1-Ka
### 1. Short title and commencement.
(1) These rules may be called U.P. Excise (Price of Foreign Liquor) Rules, 1982.
(2) They shall come into force with immediate effect.
### 2. Regulating wholesale of foreign liquor.
- The foreign liquor other than denatured spirit, rectified spirit, absolute alcohol and beer will be sold by wholesale in Uttar Pradesh to F.L. 5, F.L. 6, F.L. 7 or F.L. 7-B licensees on a price not below rupees twenty-eight and paisa sixty-five (Rs. 28.65) only per quart bottle. The price will be- exclusive of the cost of the foreign liquor charged by the bonder and the sales tax thereon.
### 3. The beer (foreign liquor) will be sold by wholesale in Uttar Pradesh to the licensees mentioned in Rule 2 above on a price not below rupees two and paise fifty (Rs. 2.50) only per quart bottle of 650 ml. This price will be exclusive of the cost of the foreign liquor (beer charged by the bonder and the sales tax thereon).
|
65ba7a51ab84c7eca86eb8c7 | acts |
Union of India - Act
----------------------
The Dissolution Of Muslim Marriages Act, 1939
-----------------------------------------------
UNION OF INDIA
India
The Dissolution Of Muslim Marriages Act, 1939
===============================================
Act 8 of 1939
---------------
* Published in Gazette 8 on 17 March 1939
* Assented to on 17 March 1939
* Commenced on 17 March 1939
1. Amended by
[THE PERSONAL LAWS (AMENDMENT) ACT, 2019 (Act 6 of 2019)
on
21 February 2019
]
The Dissolution Of Muslim Marriages Act, 1939
(ACT NO. VIII OF 1939).
[17th March 1939]
An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie.
WHEREAS it is expedient to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie;
It is hereby enacted as follows:-
### 1. Short title and extent.—
(1) This Act may be called the Dissolution of Muslim Marriages Act, 1939.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
### 2. Grounds for decree for dissolution of marriage.—
A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:—
(i) that the whereabouts of the husband have not been known for a period of four years;
(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;
(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;
(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
(v) that the husband was impotent at the time of the marriage and continues to be so;
(vi) that the husband has been insane for a period of two years or is suffering from virulent venereal disease;
(vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years:
Provided that the marriage has not been consummated;
(viii) that the husband treats her with cruelty, that is to say,—
(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute or leads an infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property or prevents her exercising her legal rights over it, or
(e) obstructs her in the observance of her religious profession or practice, or
(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran;
(ix) on any other ground which is recognised as valid for the dissolution of marriages under Muslim law:
Provided that—
(a) no decree shall be passed on ground (iii) until the sentence has become final;
(b) a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and
(c) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.
### 3. Notice to be served on heirs of the husband, when the husband’s whereabouts are not known.—
In a suit to which clause (i) of section 2 applies —
(a) the names and addresses of the persons who would have been the heirs of the husband under Muslim law if he had died on the date of the filing of the plaint shall be stated in the plaint,
(b) notice of the suit shall be served on such persons, and
(c) such persons shall have the right to be heard in the suit:
Provided that paternal uncle and brother of the husband, if any, shall be cited as party even if he or they are not heirs.
### 4. Effect of conversion to another faith.—
The renunciation of Islam by a married Muslim woman or her conversion to faith other than Islam shall not by itself operate to dissolve her marriage:
Provided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned in section 2:
Provided further that the provisions of this section shall not apply to a woman converted to Islam from some other faith who re-embraces her former faith.
### 5. Rights to dower not to be affected.—
Nothing contained in this Act shall affect any right which a married woman may have under Muslim law to her dower or any part thereof on the dissolution of her marriage.
|
65ba8993ab84c7eca86ebf76 | acts |
Union of India - Act
----------------------
The National Housing Bank Act, 1987
-------------------------------------
UNION OF INDIA
India
The National Housing Bank Act, 1987
=====================================
Act 53 of 1987
----------------
* Published on 23 December 1987
* Commenced on 23 December 1987
1. Amended by
[THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) AND FINANCIAL INSTITUTIONS LAWS (AMENDMENT) ACT, 2006 (Act 45 of 2006)
on
25 September 2006
]
The National Housing Bank Act, 1987
(53 OF 1987)
### 18. /800
Statement of Objects and Reasons.-Housing is a basic need and serves to fulfil the fundamental objective of providing shelter. The existing institutional framework for providing housing finance is yet to develop fully. It is, therefore, necessary to create a housing finance structure through establishment of appropriate institutions at various levels which would mobilise resources and promote housing activity.
2. A high level group which looked into the problem, recommended that a National Housing Bank be established as an apex housing financial institution to function as the principal agency for the promotion of housing finance institutions at various levels, to co-ordinate the activities of these institutions, to promote mobilisation of resources for housing and to extend financial support to the housing finance institutions.
3. The Bill seeks to provide for the establishment of a National Housing Bank with a view to give effect to the aforementioned recommendations of the high level group. In addition, the National Housing Bank will also play a role in the formulation of policies designed to promote housing in the country and provide guide-lines for the working of all the agencies connected with housing.
4. The Notes on Clauses appended to the Bill explain the provisions of the Bill.
Amendment Act 15 of 2000-Statement of Objects and Reasons.-The National Housing Bank was established in July, 1988 under the National Housing Bank Act, 1987 to operate as a principal agency to promote housing finance institutions both at local and regional levels and to provide financial and other support to such institutions and for matters connected therewith or incidental thereto. To meet the objectives aforesaid, the National Housing Bank was also conferred powers to regulate the deposit acceptance activities of the housing finance institutions similar to those available to Reserve Bank of India in respect of non-banking financial companies. The powers of the Reserve Bank of India to control the activities of non-banking financial companies were further strengthened by the Reserve Bank of India (Amendment) Act, 1997. The housing finance companies which are sub-set of non-banking financial companies were exempted from the provisions of the Reserve Bank of India Act, as amended in 1997, for the reason that such companies fall under the regulatory frame work of the National Housing Bank. Thus, there arose the necessity to confer powers on the National Housing Bank similar to those available to the Reserve Bank of India after the above amendment. These proposed provisions will enable the National Housing Bank to safeguard the interest of depositors and promote healthy and universal growth of housing finance companies in the country.
2. Housing loans are generally of long term duration and consequently the funds of housing finance institutions get locked up in mortgages. There is need to augment their capacity to provide more finance by adopting asset securitisation and development of a secondary mortgage market in the country. The National Housing Bank, being the principal agency in the field of housing finance, is being entrusted with the responsibility to develop such market in housing mortgages in the country.
3. There has been a long standing demand from the housing finance institutions for a speedier method of recovery of dues from the defaulting borrowers. It is prop -sed to provide for a simple, speedy and cost effective method of recovery of overdues by the housing finance institutions by providing for the sale of property charged as security for the assistance granted by such institutions through recovery officers. A provision is also being made for establishment of Appellate Tribunal to hear appeal against the decision of recovery officer.
4. With the introduction of economic reforms, it has been considered necessary to enlarge the capital and shareholder's base of the National Housing Bank. Consequently, it is proposed to provide for enhancement of the authorised capital of the National Housing Bank to rupees three hundred fifty crores with an enabling provision for further increase up to rupees two thousand crores. It is also proposed that the National Housing Bank may offer its shareholding to institutions, besides the Reserve Bank of India, in such manner that the Reserve Bank of India, the Central Government, public sector banks, public financial institutions or other institutions owned or controlled by the Central Government, shall in aggregate at any time hold not less than fifty-one per cent. of the issued capital of the National Housing Bank. It is also proposed to provide for restructuring of the Board of Director of the National Housing Bank.
5. In the light of the experience gained in the operations of the National Housing Bank since its establishment, it is felt necessary to bring certain amendments to the said Act for the smooth working of the National Housing Bank and to authorise it to undertake certain additional business of financing of agricultural and rural development banks, making of loans and advances for residential township-cum-housing development projects, undertaking securitisation of loans, setting up of mutual fund and undertaking or participating in housing mortgage insurance business.
6. The Bill seeks to achieve the aforesaid object.
[23rd December, 1987]
An Act to establish a bank to be known as the National Housing Bank to operate as a principal agency to promote housing finance institutions both at local and regional levels and to provide financial and other support to such institutions and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:-
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The whole Act except Chapter V and Section 49(3) was brought into force on 9.7.1988 vide S.O. 684(E), dated 9.7.1988. Chapter V and Section 49(3) came into force on 1.6.1989 vide S.O. 394(E), dated 1.6.1989.
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Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement. - (1) This Act may be called The National Housing Bank Act, 1987.
(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 any reference in any 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,-
(a) "Board" means the Board of Directors of the National Housing Bank referred to in section 6;
(b) "Chairman" means the Chairman of the Board appointed under section 6;
(c) "director" means a director appointed under section 6;
(d) "housing finance institution" includes every institution, whether incorporated or not, which primarily transacts or has as [one of its principal objects], the transacting of the business of providing finance for housing, whether directly or indirectly;
(e) "Managing Director" means the Managing Director appointed under section 6;
(f) "National Housing Bank" means the National Housing Bank established under section 3;
(g) "notification" means a notification published in the Official Gazette;
(h) "prescribed" means prescribed by regulations made under this Act;
(i) "Reserve Bank" means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (
2 of 1934
);
(j) words and expressions used herein and not defined but defined in the Reserve Bank of India Act, 1934 (
2 of 1934
), shall have the meanings respectively assigned to them in that Act.
(k) words and expressions used herein and not defined either in this Act or in the Reserve Bank of India Act, 1934 (
2 of 1934
), but defined in the Banking Regulation Act, 1949 (
10 of 1949
), shall have the meanings respectively assigned to them in the Banking Regulation Act, 1949 (
10 of 1949
).
Chapter II
Establishment Of The National Housing Bank And Capital Thereof
------------------------------------------------------------------------------
### 3. Establishment and incorporation of National Housing Bank. - (1) With effect from such date as the Central Government may, by notification, appoint, there shall be established for the purposes of this Act, a bank to be known as the National Housing Bank.
(2) The National Housing Bank shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by that name, sue and be sued.
(3) The head office of the National Housing Bank shall be at [New Delhi or at such other place as the Central Government] may, by notification, specify.
(4) The National Housing Bank may establish offices, branches or agencies at any place in India, and with the previous approval of [the Central Government]
[Substituted 'the Reserve Bank' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
, at any place outside India.
### 4. Capital.
[(1) The authorised and paid-up capital of the National Housing Bank shall be three hundred and fifty crores of rupees:
[Provided that the Central Government may, by notification, increase the authorised capital up to two thousand crore rupees or such other amount as may be determined by it from time to time.]
(2) The Board may, on such terms and conditions, as determined by it from time to time, issue the increased authorised capital to [\*\*\*]
[Omitted 'the Reserve Bank' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
, the Central Government, scheduled banks, public financial institutions, housing finance institutions or such other institutions, as may be approved by the Central Government:
Provided that no increase in the issued capital shall be made in such manner that [\*\*\*]
[Omitted 'the Reserve Bank' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
, the Central Government, public sector banks, public financial institutions or other institutions owned or controlled by the Central Government, hold in aggregate at any time, less than fifty-one per cent. of the issued capital of the National Housing Bank.]
(3) [ The subscribed capital of one thousand four hundred and fifty crore rupees of the National Housing Bank, which has been subscribed to by the Reserve Bank, shall stand transferred to, and vested in the Central Government upon payment of the face value of the subscribed capital, to the Reserve Bank from such date as may be notified by the Central Government.]
[Inserted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
Chapter III
Management Of The National Housing Bank
--------------------------------------------------------
### 5. Management. - (1) The general superintendence, direction and management of the affairs and business of the National Housing Bank shall vest in the Board of Directors, which shall exercise all powers and do all acts and things, which may be exercised or done by the National Housing Bank.
(2) Subject to the provisions of this Act, the Board, in discharging its functions, shall act on business principles with due regard to public interest.
(3) Subject to the provisions of sub-section (1) and save as otherwise provided in the regulations made under this Act,-
(a) the Chairman, if he is a whole-time Director or if he is holding offices both as the Chairman and the Managing Director, or
[(b) the Managing Director, if the Chairman is not a whole-time Director, or if the Chairman being a whole-time Director, is absent,]
shall also have powers of general superintendence, direction and management of the affairs and business of the National Housing Bank and may also exercise all powers and do all acts and things which may be exercised or done by the National Housing Bank and shall act on business principles with due regard to public interest.
(4) The Managing Director shall, in the discharge of his powers and functions, follow such directions as the Chairman may give.
(5) In the discharge of its functions under this Act, the National Housing Bank shall be guided by such directions in matters of policy involving public interest as the Central Government, [\*\*\*]
[Omitted 'in consultation with the Reserve Bank, or the Reserve Bank' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
, may give in writing.
### 6. Board of Directors. - (1) The Board of Directors of the National Housing Bank shall consist of the following, namely:-
(a) a Chairman and a Managing Director:
Provided that the same person may be appointed as Chairman and as Managing Director;
(b) [two Directors] from amongst the experts in the field of housing, architecture, engineering, sociology, finance, law, management and corporate planning or in any other field, special knowledge of which is considered useful to the National Housing Bank;
(c) [ two Directors, who shall be persons with experience in the working of institutions involved in providing funds for housing or engaged in housing development or have experience in the working of financial institutions or scheduled banks;
[Substituted by Act 15 of 2000, Section 5, for Clause (c) (w.e.f. 12.6.2000). ]
(ca) two Directors elected in such manner as may be prescribed by shareholders other than [\*\*\*], the Central Government and other institutions owned or controlled by the Central Government;]
(d) [one director]
[Substituted 'two directors' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
from out of the directors of the Reserve Bank;
(e) three directors from amongst the officials of the Central Government;
(f) two directors from amongst the officials of the State Government.
(2) The Chairman, the Managing Director and other directors [excluding the directors referred to in clauses (ca) and (d)]
[ Substituted by Act 15 of 2000, Section 5, for " excluding the Directors referred to in clause (d) " (w.e.f. 12.6.2000).]
, shall be appointed by the Central Government [the director]
[Substituted 'in consultation with the Reserve Bank and directors' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
referred to in clause (d) shall be nominated by the Reserve Bank.
### 7. Terms of office of Chairman, Managing Director and other directors, service conditions, etc. - (1) The Chairman and the Managing Director shall hold office for such term, not exceeding five years and shall receive such salary and allowances and be governed by such terms and conditions of service as the Central Government may, [\*\*\*], specify and shall be eligible for re-appointment:
Provided that the Chairman or, as the case may be, the Managing Director shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
(2) The directors referred to in [clauses (b), (c) and (ca)]
[ Substituted by Act 15 of 2000, Section 6, for " clauses (b) and (c)" (w.e.f. 12.6.2000).]
of sub-section (1) of section 6 shall hold office for a term of three years:
[\* \* \*]
[ Proviso omitted by Act 45 of 2006, Section 19 (w.e.f. 16.10.2006).]
(3) The Central Government may, [\*\*\*]
[Omitted 'in consultation with the Reserve Bank' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
, remove the Chairman or the Managing Director, or any other director referred to in sub-section (2) , at any time before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the proposed removal.
(4) Notwithstanding anything contained in sub-sections (1) and (3), the Central Government, [\*\*\*]
[Omitted 'in consultation with the Reserve Bank' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
, shall have the right to terminate the term of office of the Chairman or, as the case may be, the Managing Director, at any time before the expiry of the term specified under sub-section (1) , by giving him notice of not less than three months in writing or three months' salary and allowances in lieu thereof and the Chairman or the Managing Director, as the case may be, shall also have the right to relinquish his office at any time before the expiry of the term specified under sub-section (1), by giving to the Central Government notice of not less than three months in writing or three months' salary and allowances in lieu thereof.
(5) The directors shall be paid such fees and allowances as may be prescribed for attending the meetings of the Board or of any of its committees and for attending to any other work of the National Housing Bank:
Provided that no such fee shall be payable to any director, who is an official of the Government or a director of the Reserve Bank.
### 8. Disqualifications. - No person shall be a director of the Board, if he-
(a) is, or becomes of unsound mind and has been so declared by a competent Court; or
(b) is or has been convicted of any offence which, in the opinion of the Central Government, involves moral turpitude; or
(c) is, or at any time has been, adjudicated as insolvent or has suspended payment of his debts or has compounded with his creditors; or
(d) has, for any reason, been removed or dismissed from the service of-
(i) the Government, or
(ii) the Reserve Bank, the State Bank or any other bank, or
(iii) any public financial institution, or state financial corporation, or
(iv) any other corporation owned or controlled by the Government.
### 9. Vacation and resignation of office by directors. - (1) If a director-
(a) becomes subject to any of the disqualifications mentioned in section 8; or
(b) is absent without leave of the Board for three or more consecutive meetings thereof, his seat shall thereupon become vacant.
(2) Any director may resign his office by giving notice thereof in writing to the authority that appointed or, as the case may be, nominated him and on his resignation being accepted by such authority or if his resignation is not sooner accepted, on the expiry of three months from the receipt thereof by such appointing authority, he shall be deemed to have vacated his office.
### 10. Casual vacancy in the office of Chairman or Managing Director. - If the Chairman, or as the case may be, the Managing Director, is by infirmity or otherwise rendered incapable of carrying out his duties or is absent on leave or otherwise, in circumstances not involving the vacation of his appointment, the Central Government may, appoint another person to act in his place during his absence.
### 11. Meetings of Board. - (1) The Board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed.
(2) The Chairman, or, if for any reason he is unable to attend a meeting of the Board, the Managing Director, or, in the event of both the Chairman and the Managing Director being unable to attend a meeting, any other director nominated by the Chairman in this behalf and in the absence of such nomination, any director elected by the directors present from among themselves at the meeting, shall preside at the meeting.
(3) All questions which come up before any meeting of the Board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the Chairman, or, in his absence, the person presiding, shall have a second or casting vote.
### 12. Executive Committee and other committees. - (1) The Board may constitute an Executive Committee consisting of such number of directors as may be prescribed.
(2) The Executive Committee shall discharge such functions as may be prescribed, or, as may be delegated to it, by the Board.
(3) The Board may constitute such other committees, whether consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons as it thinks fit for such purposes, as it may decide and any committee so constituted shall discharge such functions as may be delegated to it by the Board.
(4) The Executive Committee or any other committees constituted under this section shall meet at such times and places and shall observe such rules of procedure in regard to transaction of business at its meetings, as may be prescribed.
### 13. Director of Board or member of committee thereof not to participate in meetings in certain cases. - Any director of the Board or any member of a committee, who has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the Board or a committee thereof, shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and the disclosure shall be recorded in the minutes of the Board, or the committee, as the case may be, and the director or member shall not take any part in any deliberation or decision of the Board or the committee with respect to that matter.
Chapter IV
Business Of The National Housing Bank
-----------------------------------------------------
### 14. Business of the National Housing Bank. - Subject to the provisions of this Act, the National Housing Bank may transact all or any of the following kinds of business, namely:-
(a) promoting, establishing, supporting or aiding in the promotion, establishment and support of housing finance institutions;
(b) [ making of loans and advances or rendering any other form of financial assistance whatsoever for housing activities to housing finance institutions, scheduled banks, state co-operative agricultural and rural development banks or any other institution or class of institutions as may be notified by the Central Government;
(ba) making of loans and advances for housing or residential township-cum-housing development or slum clearance projects;]
(c) subscribing to or purchasing stocks, shares, bonds, debentures and securities of every other description;
(d) guaranteeing the financial obligations of housing finance institutions and underwriting the issue of stocks, shares, bonds, debentures and securities of every other description of housing finance institutions;
(e) drawing, accepting, discounting or rediscounting, buying or selling and dealing in bills of exchange, promissory notes, bonds, debentures, hundies, coupons and other instruments by whatever name called;
(ea) [ buying, selling or otherwise dealing in any loans or advances secured by mortgage or charge of the immovable property relating to scheduled bank or housing finance institutions;
(eb) creating one or more trusts and transferring loans or advances together with or without securities therefor to such trusts for consideration;
(ec) setting aside loans or advances held by the National Housing Bank and issuing and selling securities based upon such loans or advances so set aside in the form of debt obligations, trust certificates of beneficial interest or other instruments, by whatever name called, and to act as trustee for the holders of such securities;
(ed) setting up of one or more mutual funds for undertaking housing finance activities;
(ee) undertaking or participating in housing mortgage insurance;]
[ Inserted by Act 15 of 2000, Section 7 (w.e.f. 12.6.2000).]
(f) [ promoting, forming, conducting or associating in the promotion, formation or conduct of companies, mortgage banks, subsidiaries, societies, trusts or such other association of persons as it may deem fit for carrying out all or any of its functions under this Act;]
[ Substituted by Act 15 of 2000, Section 7, for Clause (f) (w.e.f. 12.6.2000).]
(g) undertaking research and surveys on construction techniques and other studies relating to or connected with shelter, housing and human settlement;
(h) formulating one or more schemes, for the purpose of mobilisation of resources and extension of credit for housing;
(hh) [ formulating a scheme for the purpose of accepting deposits referred to in clause (a) of section 2 of the Voluntary Deposits (Immunities and Exemptions) Act, 1991 and crediting forty per cent. of the amount of such deposits to a special fund created under section 37;]
Added by Act
[47 of 1991
, Section 5 (w.e.f. 20.9.1991).]
(i) formulating one or more schemes, for the economically weaker sections of society which may be subsidised by the Central Government or any State Government or any other source;
(j) organising training programmes, seminars and symposia on matters relating to housing;
(k) providing guidelines to the housing finance institutions to ensure their growth on sound lines;
(l) providing technical and administrative assistance to housing finance institutions;
(m) co-ordinating with the Life Insurance Corporation of India, the Unit Trust of India, the General Insurance Corporation of India and other financial institutions, in the discharge of its overall functions;
(n) exercising all powers and functions in the performance of duties entrusted to the National Housing Bank under this Act or under any other law for the time being in force;
(o) acting as agent of the Central Government, the State Government or the Reserve Bank or of any authority as may be authorised by the Reserve Bank;
(p) any other kind of business which the Central Government may, on the recommendation of the Reserve Bank, authorise;
(q) generally, doing of all such matters and things as may be incidental to or consequential upon the exercise of its powers or the discharge of its duties under this Act.
### 15. Borrowings and acceptance of deposits by National Housing Bank. - (1) The National Housing Bank may, for the purpose of carrying out its functions under this Act-
(a) issue and sell bonds and debentures with or without the guarantee of the Central Government, in such manner and on such terms as may be prescribed;
(b) borrow money from [the Central Government, scheduled banks, financial institutions, mutual funds] and from any other authority or organisation or institution approved by that Government on such terms and conditions as may be agreed upon;
(c) accept deposits repayable after the expiry of [such period and]
[ Substituted by Act 15 of 2000, Section 8, for " a period which shall not be less than twelve months from the date of the making of the deposit" (w.e.f. 12.6.2000).]
on such terms as may generally or specially be approved by the Reserve Bank:
[Provided that nothing contained in this clause shall apply to deposits accepted under the scheme formulated by the Bank in pursuance of clause (hh) of section 14;]
Added by Act
[47 of 1991
, Section 5 (w.e.f. 20.9.1991).]
(d) borrow money from the Reserve Bank-
(i) [ by way of loans and advances and generally obtain financial assistance in such manner or on such terms and conditions as may be specified by the Reserve Bank;]
[ Substituted by Act 15 of 2000, Section 8, for sub-Clause (i) (w.e.f. 12.6.2000).]
(ii) out of the National Housing Credit (Long Term Operations) Fund established under section 46-D of the Reserve Bank of India Act, 1934 (
2 of 1934
) or any of the purposes specified in that section;
(e) receive for services rendered, such remuneration, commission, commitment charges, consultancy charges, service charges, royalties, premia, license fees and any other consideration of whatever description;
(f) receive gifts, grants, donations or benefactions from Government or any other source.
(2) The Central Government may, on a request being made to it by the National Housing Bank, guarantee the bonds and debentures issued by the National Housing Bank as to the repayment of principal and the payment of interest at such rate as may be fixed by that Government.
### 16. Loans in foreign currency. - (1) Notwithstanding anything contained the Foreign Exchange Management Act, 1999 (
[42 of 1999
)] or in any other law for the time being in force relating to foreign exchange, the National Housing Bank may, for the purpose of making loans and advances under this Act, borrow in such manner and on such conditions as may be prescribed in consultation with the Reserve Bank and with the previous approval of the Central Government, foreign currency from any bank or financial institution in India or elsewhere.
(2) The Central Government may, where necessary, guarantee any loan taken by the National Housing Bank under sub-section (1) or any part thereof as to the repayment of principal and the payment of interest and other incidental charges.
16-A. Assistance to borrower when to operate or a charge in the property offered as security.
[(1) Where any person or institution seeks any financial assistance from the National Housing Bank on the security of any immovable property belonging to him or to that institution or on the security of the property of some other person whose property is offered as a collateral security for such assistance, such person or institution or, as the case may be, such other person may execute a written declaration in the form set out in the Third Schedule to this Act stating therein the particulars of the immovable property which is proposed to be offered as security, or as the case may be, collateral security, for such assistance and agreeing that the dues relating to the assistance, if granted, shall be a charge on such immovable property and, if on receipt of such declaration, the National Housing Bank grants any financial assistance to the person or institution aforesaid, the dues relating to such assistance shall, without prejudice to the rights of any other creditor holding any prior charge or mortgage in respect of the immovable property so specified, be, by virtue of the provisions of this section, a charge on the property specified in the declaration aforesaid.
(2) Where any further immovable property is offered by a person or an institution as security for the financial assistance referred to in sub-section (1), such person or institution may execute a fresh declaration, as far as may be in the form set out in the Third Schedule to this Act, whereupon the dues relating to such assistance shall, by virtue of the provisions of this section, also be a charge on the property specified in such fresh declaration.
(3) A declaration made under sub-section (1) or sub-section (2) may be varied or revoked at any time by the person or institution as aforesaid, with the prior approval of the National Housing Bank.
(4) Every declaration made under sub-section (1) or sub-section (2) shall be deemed to be a document registrable as an agreement under the provisions of the Registration Act, 1908 (
16 of 1908
) and no such declaration shall have effect unless it is so registered.
### 16. -B. Amount and security to be held in trust. - (1) Any sums received by a borrowing institution in repayment or realisation of loans and advances financed or refinanced either wholly or partly by the National Housing Bank shall, to the extent of the accommodation granted by the National Housing Bank and remaining outstanding, be deemed to have been received by the borrowing institution in trust for the National Housing Bank, and shall accordingly be paid by such institution to the National Housing Bank.
(2) Where any accommodation has been granted by the National Housing Bank to a borrowing institution, all securities held, or which may be held, by such borrowing institution on account of any transaction in respect of which such accommodation has been granted, shall be held by such institution in trust for the National Housing Bank.]
### 17. Power to transfer rights. - The rights and interests of the National Housing Bank (including any other rights incidental thereto) in relation to any loan or advance made, or any amount recoverable, by it, may be transferred by the National Housing Bank, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument by endorsement, or in any other manner in which the rights and interests in relation to such loan or advance may be lawfully transferred, and the National Housing Bank may, notwithstanding such transfer, act as the trustee within the meaning of section 3 of the Indian Trusts Act, 1882 (
2 of 1882
), for the transferee.
### 18. Power to acquire rights. - The National Housing Bank shall have the right to acquire, by transfer or assignment, the rights and interests of any [institution] (including any other rights incidental thereto) in relation to any loan or advance made, or any amount recoverable by such institution, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument or in any other manner in which the rights and interests in relation to such loan or advance may be lawfully transferred. 18-A. Exemption from registration.
- Notwithstanding anything contained in sub-section (1) of section 17 of the Registration Act, 1908 (
[16 of 1908
),-
(a) any instrument in the form of debt obligations or trust certificate of beneficial interest or other instruments, by whatever name called, issued by the National Housing Bank to securities the loans granted by the housing finance institutions and scheduled banks, and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to an undivided interest afforded by a registered instrument, whereby the National Housing Bank has acquired the rights and interests in relation to such loans and in securities therefor; or
(b) any transfer of such instruments referred to in clause (a), shall not require compulsory registration.
### 18. -B. Recovery of dues as arrears of land revenue. - Where any amount is due under an agreement to the National Housing Bank, whether acting as a trustee or otherwise, in respect of securitisation of loans of housing finance institutions and scheduled banks, the National Housing Bank may without prejudice to any other mode of recovery make an application to the State Government for the recovery of the amount due to it, and if the State Government or such authority, as that Government may specify in this behalf, is satisfied that any amount is due, it may issue a certificate for the amount to the Collector and the Collector shall proceed to recover that amount in the same manner as arrears of land revenue.]
### 19. Power to impose conditions for accommodation. - In entering into any transaction under this Chapter with any borrowing [institution], the National Housing Bank may impose such conditions as it may think necessary or expedient for protecting the interests of the National Hosing Bank.
### 20. Power to call for repayment before agreed period. - Notwithstanding anything to the contrary contained in any agreement, the National Housing Bank may, by notice in writing, require any borrowing [institution] to discharge forthwith in full its liabilities to the National Housing Bank-
(a) if it appears to the Board that false or misleading information in any material particular was given in the application for the loan or advance; or
(b) if the borrowing [institution]
[ Substituted by Act 15 of 2000, Section 12, for " housing finance institution" (w.e.f. 12.6.2000).]
has failed to comply with any of the terms of the agreement with the National Housing Bank in the matter of the loan or advance; or
(c) if there is a reasonable apprehension that the borrowing [institution]
[ Substituted by Act 15 of 2000, Section 12, for " housing finance institution" (w.e.f. 12.6.2000).]
is unable to pay its debts or that proceedings for liquidation may be commenced in respect thereof; or
(d) if for any reason, it is necessary so to do to protect the interests of the National Housing Bank.
### 21. National Housing Bank to have access to records. - (1) The National Housing Bank shall have free access to all such records of any [institution] which seeks to avail of any credit facilities from the National Housing Bank and to all such records of any person who seeks to avail of any credit facilities from such [institution]
[ Substituted by Act 15 of 2000, Section 12, for " housing finance institution" (w.e.f. 12.6.2000).]
, the perusal of which may appear to the National Housing Bank to be necessary in connection with the providing of finance or other assistance to such [institution]
[ Substituted by Act 15 of 2000, Section 12, for " housing finance institution" (w.e.f. 12.6.2000).]
or the refinancing of any loan or advance made to such person by that [institution]
[ Substituted by Act 15 of 2000, Section 12, for " housing finance institution" (w.e.f. 12.6.2000).]
.
(2) The National Housing Bank may require any institution or person referred to in sub-section (1), to furnish to it copies of any of the records referred to in that sub-section and the institution or the person, as the case may be, shall be bound to comply with such requisition.
### 22. Validity of loan or advance not to be questioned. - Notwithstanding anything to the contrary contained in any other law for the time being in force, the validity of any loan or advance made by the National Housing Bank in pursuance of the provisions of this Act shall not be called in question merely on the ground of non-compliance with the requirements of such other law or of any resolution, contract, or any instrument regulating the constitution of the borrowing [institution]:
Provided that nothing in this section shall enable any company or co-operative society to obtain any loan or advance where the instrument relating to the constitution of such company or co-operative society does not empower such company or co-operative society so to do.
### 23. National Housing Bank not to make loans or advances against its own bonds or debentures. - The National Housing Bank shall not make any loan or advance on the security of its own bonds or debentures.
### 24. Power to inspect. - (1) The National Housing Bank may at any time and shall, on being directed so to do by the Reserve Bank, cause an inspection to be made by one or more of its officers of any [institution] to which the National Housing Bank has made any loan or advance or granted any other financial assistance, and its books, accounts and other documents; and the National Housing Bank shall supply to the [institution]
[ Substituted by Act 15 of 2000, Section 12, for " housing finance institution" (w.e.f. 12.6.2000).]
a copy of its report on such inspection.
(2) It shall be the duty of every officer, employee or other person or persons incharge of the whole or part of the affairs of the [institution]
[ Substituted by Act 15 of 2000, Section 12, for " housing finance institution" (w.e.f. 12.6.2000).]
to produce to any officer making an inspection under sub-section (1) , all such books, accounts and other documents in his custody or power and to furnish within such time as the said officer may specify, any statements, information relating to the affairs of the [institution]
[ Substituted by Act 15 of 2000, Section 12, for " housing finance institution" (w.e.f. 12.6.2000).]
as the said officer may require of him.
### 25. Power to collect credit information. - (1) The National Housing Bank may, for the purpose of the efficient discharge of its functions under this Act, at any time direct any [institution] to submit to it credit information in such form and within such time as may be specified by the National Housing Bank from time to time.
(2) Every [institution]
[ Substituted by Act 15 of 2000, Section 12, for " housing finance institution" (w.e.f. 12.6.2000).]
shall, notwithstanding anything to the contrary contained in any law for the time being in force or in any instrument regulating the constitution thereof or in any agreement executed by it, relating to the secrecy of its dealings with its constituents, be bound to comply with any directions issued under sub-section (1) .
(3) The National Housing Bank may, for the purpose of the efficient discharge of its functions under this Act collect from the Central and State Governments, local authorities, the Reserve Bank, any bank or such financial or other institutions as the Reserve Bank may specify in this behalf, credit information or other information.
Explanation .-For the purposes of this section and section 26, credit information means any information relating to-
(i) the amount of loans and advances and other credit facilities granted for the purpose of housing;
(ii) the nature of security taken for such loans, advances or other credit facilities;
(iii) the guarantees furnished; and
(iv) any other information which has a bearing on the credit-worthiness of the borrower.
### 26. Power to publish information. - The National Housing Bank, if it considers it in the public interest so to do, may publish any credit information or other information obtained by it under this Act, in such consolidated form or in any other form as it thinks fit.
### 27. Advisory services. - The National Housing Bank may provide advisory services to the Central and State Governments, local authorities and other agencies connected with housing, in respect of-
(a) formulation of overall policies aimed at promoting the growth of housing and housing finance institutions;
(b) legislation relating to matters having a bearing on shelter, housing and human settlement.
Chapter V
Provisions Relating To Housing Finance Institutions Receiving Deposits
-------------------------------------------------------------------------------------
### 28. Definition of deposit. - In this Chapter the term "deposit" shall have the meaning assigned to it in section 45-I of the Reserve Bank of India Act, 1934 (
2 of 1934
).
### 29. Chapter not to apply in certain cases. - (1) The provisions of this Chapter shall not apply to deposits accepted by a housing finance institution which is a firm or an unincorporated association of individuals.
(2) For the removal of doubts, it is hereby declared that the firms and unincorporated associations of individuals referred to in sub-section (1) shall continue to be governed by the provisions of Chapter III-C of the Reserve Bank of India Act, 1934 (
2 of 1934
).
29-A. Requirement of registration and net owned fund.
[(1) Notwithstanding anything contained in this Chapter or in any other law for the time being in force, no housing finance institution which is a company shall commence or carry on the business of a housing finance institution without-
(a) obtaining a certificate of registration issued under this Chapter; and
(b) having the net owned fund of twenty-five lakh rupees or such other higher amount, as the National Housing Bank may, by notification, specify.
(2) Every such housing finance institution shall make an application for registration to the National Housing Bank in such form as may be specified by the National Housing Bank:
Provided that a housing finance institution which is a company in existence on the commencement of the National Housing Bank (Amendment) Act, 2000, shall make an application for registration to the National Housing Bank before the expiry of six months from such commencement and notwithstanding anything contained in sub-section (1), may continue to carry on the business of housing finance institution until a certificate of registration is issued to it or rejection of application for registration is communicated to it.
(3) Notwithstanding anything contained in sub-section (1), a housing finance institution which is a company in existence on the commencement of the National Housing Bank (Amendment) Act, 2000, and having a net owned fund of less than twenty-five lakh rupees, may, for the purpose of enabling such institution to fulfil the requirement of the net owned fund, continue to carry on the business of a housing finance institution-
(i) for a period of three years from such commencement; or
(ii) for such further period as the National Housing Bank may, after recording the reasons in writing for so doing, extend, subject to the conditions that such institution shall, within three months of fulfilling the requirement of the net owned fund, inform the National Housing Bank about such fulfilment:
Provided that the period allowed to continue business under this sub-section shall in no case exceed six years in the aggregate.
(4) The National Housing Bank, for the purpose of considering the application for registration, may require to be satisfied by an inspection of the books of such housing finance institution or otherwise that the following conditions are fulfilled:-
(a) that housing finance institution is or shall be in a position to pay its present or future depositors in full as and when their claims accrue;
(b) that the affairs of the housing finance institution are not being or are not likely to be conducted in a manner detrimental to the interest of its present or future depositors;
(c) that the general character of the management or the proposed management of the housing finance institution shall not be prejudicial to the public interest or the interests of its depositors;
(d) that the housing finance institution has adequate capital structure and earning prospects;
(e) that the public interest shall be served by the grant of certificate of registration to the housing finance institution to commence or to carry on the business in India;
(f) that the grant of certificate of registration shall not be prejudicial to the operation and growth of the housing finance sector of the country; and
(g) any other condition, fulfilment of which in the opinion of the National Housing Bank, shall be necessary to ensure that the commencement of or carrying on the business in India by a housing finance institution shall not be prejudicial to the public interest or in the interests of the depositors.
(5) The National Housing Bank may, after being satisfied that the conditions specified in sub-section (4) are fulfilled, grant a certificate of registration subject to such conditions which it may consider fit to impose.
(6) The National Housing Bank may cancel a certificate of registration granted to a housing finance institution under this section if such institution-
(i) cases to carry on the business of a housing finance institution in India; or
(ii) has failed to comply with any condition subject to which the certificate of registration had been issued to it; or
(iii) at any time fails to fulfil any of the conditions referred to in clauses (a) to (g) of sub-section (4); or
(iv) fails-
(a) to comply with any direction issued by the National Housing Bank under the provisions of this Chapter; or
(b) to maintain accounts in accordance with the requirement of any law or any direction or order issued by the National Housing Bank under the provisions of this Chapter; or
(c) to submit or offer for inspection its books of account and other relevant documents when so demanded by an inspecting authority of the National Housing Bank; or
(v) has been prohibited from accepting deposit by an order made by the National Housing Bank under the provisions of this Chapter and such order has been in force for a period of not less than three months:
Provided that before cancelling a certificate of registration on the ground that the housing finance institution has failed to comply with the provisions of clause (ii) or has failed to fulfil any of the conditions referred to in clauses (a) to (g) of sub-section (4), the National Housing Bank, unless it is of the opinion that the delay in cancelling the certificate of registration shall be prejudicial to the public interest or the interest of the depositors or the housing finance institution, shall give an opportunity to such institution on such terms as the National Housing Bank may specify for taking necessary steps to comply with such provision or fulfilment of such condition:
Provided further that before making any order of cancellation of certificate of registration, such institution shall be given a reasonable opportunity of being heard.
(7) A housing finance institution aggrieved by the order or rejection of application for registration or cancellation of certificate of registration may prefer an appeal, within a period of thirty days from the date on which such order of rejection or cancellation is communicated to it, to the Central Government and the decision of the Central Government where an appeal has been preferred to it, or of the National Housing Bank where no appeal has been preferred, shall be final:
Provided that before making any order of rejection of appeal, such institution shall be given a reasonable opportunity of being heard.
Explanation .-For the purposes of this section,-
(I) "net owned fund" means-
(a) the aggregate of the paid-up equity capital and free reserves as disclosed in the latest balance-sheet of the housing finance institution after deducting therefrom-
(i) accumulated balance of loss;
(ii) deferred revenue expenditure; and
(iii) other intangible assets; and
(b) further reduced by the amounts representing-
(1) investments of such institution in shares of-
(i) its subsidiaries;
(ii) companies in the same groups;
(iii) all other housing finance institutions which are companies; and
(2) the book value of debentures, bonds, outstanding loans and advances (including hire-purchase and lease finance) made to, and deposit with,-
(i) subsidiaries of such company; and
(ii) companies in the same group, to the extent such amount exceeds ten per cent. of (a) above;
(II) "subsidiaries" and "companies in the same group" shall have the same meanings assigned to them in the Companies Act, 2013 (
[18 of 2013
)].
### 29. -B. Maintenance of percentage of assets. - (1) Every housing finance institution shall invest and continue to invest in India in unencumbered approved securities, valued at a price not exceeding the current market price of such securities, an amount which, at the close of business on any day, shall not be less than five per cent. or such higher percentage not exceeding twenty-five per cent. as the National Housing Bank may, from time to time and by notification, specify, of the deposits outstanding at the close of business on the last working day of the second preceding quarter.
(2) Every housing finance institution shall maintain in India in an account with a scheduled bank in term deposits or certificate of deposits (free of charge or lien) or in deposits with the National Housing Bank or by way of subscription to the bonds issued by the National Housing Bank, or partly in such account or in such deposit or partly by way of such subscription, a sum which, at the close of business on any day, together with the investment made under sub-section (1) shall not be less than ten per cent. or such higher percentage not exceeding twenty-five per cent., as the National Housing Bank may, from time to time and by notification specify, of the deposits outstanding in the books of the housing finance institution at the close of business on the last working day of the second preceding quarter.
(3) For the purpose of ensuring compliance with the provisions of this section, the National Housing Bank may require every such housing finance institution to furnish a return to it in such form, in such a manner and for such period as may be specified by the National Housing Bank.
(4) If the amount invested by a housing finance institution at the close of business on any day is less than the rate specified under sub-section (1) or sub-section (2), such housing finance institution shall be liable to pay to the National Housing Bank, in respect of such shortfall, a penal interest at a rate of three per cent. per annum above the bank rate on such amount by which the amount actually maintained or invested falls short of the specified percentage, and where the shortfall continues in the subsequent quarters, the rate of penal interest shall be five per cent. per annum above the bank rate on such shortfall for each subsequent quarter.
(5) (a)
The penal interest payable under sub-section (4) shall be payable within a period of fourteen days from the date on which a notice issued by the National Housing Bank demanding payment of the same is served on the housing finance institution and, in the event of a failure of the housing finance institution to pay the same within such period, may be levied by a direction of a principal Civil Court having jurisdiction in the area where an office of the defaulting housing finance institution is situated and such direction shall be made only upon and application made in this behalf to the Court by the National Housing Bank; and
(b) When the Court makes a direction under clause (a), it shall issue a certificate specifying the sum payable by the housing finance institution and every such certificate shall be enforceable in the manner as if it were a decree made by the Court in a suit.
(6) Notwithstanding anything contained in this section, if the National Housing Bank is satisfied that the defaulting housing finance institution had sufficient cause for its failure to comply with the provisions of sub-section (1) or sub-section (2), it may not demand the payment of the penal interest.
Explanation.-For the purposes of this section,-
(i) "approved securities" means securities of any State Government or of the Central Government and such bonds, both the principal whereof and the interest whereon shall have been fully and unconditionally guaranteed by any such Government;
(ii) "unencumbered approved securities" includes the approved securities lodged by the housing finance institution with another institution for an advance or any other arrangement to the extent to which such securities have not been drawn against or availed of or encumbered in any manner;
(iii) "quarter" means the period of three months ending on the last day of March, June, September or December.
### 29. -C. Reserve fund. - (1) Every housing finance institution which is a company shall create a reserve fund and transfer therein a sum not less than twenty per cent. of its net profit every year as disclosed in the profit and loss account and before any dividend is declared.
Explanation .-A housing finance institution creating and maintaining any special reserve in terms of clause (viii) of sub-section (1) of section 36 of the Income Tax Act, 1961 (
43 of 1961
), may take into account any sum transferred by it for the year to such special reserve for the purposes of this sub-section.
(2) No appropriation of any sum from the reserve fund including any sum in the special reserve which has been taken into account for the purposes of reserve fund in terms of sub-section (1), shall be made by such housing finance institution except for the purpose as may be specified by the National Housing Bank from time to time and every such appropriation shall be reported to the National Housing Bank within twenty-one days from the date of such withdrawal:
Provided that the National Housing Bank may, in any particular case and for sufficient cause being shown, extend the period of twenty-one days by such further period as it thinks fit or condone any delay in making such report.
(3) Notwithstanding anything contained in sub-section (1), the Central Government may, on the recommendation of the National Housing Bank and having regard to the adequacy of the paid-up capital and reserves of a housing finance institution which is a company in relation to its deposit liabilities, declare by order in writing that the provisions of sub-section (1) shall not be applicable to such housing finance institution for such period as may be specified in the order:
Provided that no such order shall be made unless the amount in the reserve fund under sub-section (1) , together with the amount in the share premium account, is not less than the paid-up capital to the housing finance institution.]
### 30. National Housing Bank to regulate or prohibit issue of prospectus or advertisement soliciting deposits of money. - The National Housing Bank may, if it considers necessary in the public interest so to do, by general or special order,-
(a) regulate or prohibit the issue by any housing finance institution of any prospectus or advertisement soliciting deposits of money from the public; and
(b) specify the conditions subject to which any such prospectus or advertisement, if not prohibited, may be issued.
30-A. Power of National Housing Bank to determine policy and issue directions.
[(1) If the National Housing Bank is satisfied that, in the public interest or to regulate the housing finance system of the country to its advantage or to prevent the affairs of any housing finance institution being conducted in a manner detrimental to the interest of the depositors or in a manner prejudicial to the interest of the housing finance institutions, it is necessary or expedient so to do, it may subject to the provisions of sub-section (5) of section 5, determine the policy and give directions to all or any of the housing finance institution relating to income recognition, accounting standards, making of proper provision for bad and doubtful debts, capital adequacy based on risk weights for assets and credit conversion factors for off balance-sheet items and also relating to deployment of funds by a housing finance institution or a group of housing finance institutions or housing finance institutions generally, as the case may be, and such housing finance institutions shall be bound to follow the policy so determined and the direction so issued.
(2) Without prejudice to the generality of the powers vested under sub-section (1), the National Housing Bank may give directions to housing finance institutions generally or to a group of housing finance institutions or to any housing finance institution in particular as to-
(a) the purpose for which advances or other fund-based or non-fund-based accommodation may not be made; and
(b) the maximum amount of advances or other finance accommodation or investment in shares and other securities which, having regard to the paid-up capital, reserves and deposits of the housing finance institution and other relevant considerations, may be made by that housing finance institution to any person or a company or to a group of companies.]
### 31. Power of National Housing Bank to collect information from housing finance institutions as to deposits and to give directions. - (1) The National Housing Bank may at any time direct that every housing finance institution accepting deposits shall furnish to the National Housing Bank in such form, at such intervals and within such time, such statements, information or particulars relating to or connected with deposits received by the housing finance institution, as may be specified by the National Housing Bank by general or special order.
(2) Without prejudice to the generality of the power vested in the National Housing Bank under sub-section (1), the statements, information or particulars to be furnished under sub-section (1), may relate to all or any of the following matters, namely, the amount of the deposits, the purposes and periods for which, and the rates of interest and other terms and conditions on which, such deposits are received.
(3) The National Housing Bank may, if it considers necessary in the public interest so to do, give directions to housing finance institutions accepting deposits either generally or to any group of housing finance institutions accepting deposits, and in particular, in respect of any matters relating to, or connected with, the receipt of deposits, including [credit rating of the housing finance institution accepting deposits] the rates of interest payable on such deposits, and the periods for which deposits may be received.
(4) If any housing finance institution, accepting deposits fails to comply with any direction given by the National Housing Bank, under sub-section (3), the National Housing Bank may prohibit the acceptance of deposits by that housing finance institution.
(5) Every housing finance institution receiving deposits, shall, if so required by the National Housing Bank and within such time as the National Housing Bank may specify, cause to be sent at the cost of the housing finance institution, a copy of its annual balance-sheet and profit and loss account or other annual accounts to every person from whom the housing finance institution holds, as on the last day of the year to which the accounts relate, deposits higher than such sum as may be specified by the National Housing Bank.
### 32. Duty of housing finance institutions to furnish statements, etc., required by National Housing Bank. - Every housing finance institution shall furnish the statements, information or particulars called for, in such form as may be prescribed and to comply with any direction given to it, under the provisions of this Chapter.
### 33. Powers and duties of auditors. - (1) The auditor of every housing finance institution shall enquire whether or not the housing finance institution has furnished to the National Housing Bank such statements, information or particulars relating to or connected with deposits received by it, as are required to be furnished under this Chapter, and the auditor shall, except where he is satisfied on such enquiry that the housing finance institution has furnished such statements, information or particulars, make a report to the National Housing Bank giving the aggregate amount of such deposits held by the housing finance institution.
[(1-A) The National Housing Bank may, on being satisfied that it is necessary so to do, in the public interest or in the interest of the depositors or for the purpose of proper assessment of the books of account, issue directions to any housing finance institution or any group of housing finance institutions or housing finance companies generally or to the auditors of such housing finance institution or institutions relating to balance-sheet, profit and loss account, disclosure of liabilities in the books of account or any matter relating thereto.]
(2) Where, in the case of a housing finance institution, being a company, the auditor has made, or intends to make a report to the National Housing Bank under sub-section (1), he shall include in his report under sub-section (2) of section 143 of the Companies Act, 2013 (
[18 of 2013
)]
Substituted 'sub-section (2) of section 227 of the Companies Act, 1956 (
[1 of 1956
)' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
, the contents of the report which he has made, or intends to make, to the National Housing Bank.
(3) Where the National Housing Bank is of the opinion that it is necessary so to do in the public interest or in the interest of the housing finance institution or in the interest of the depositors of such institution, it may at any time by order, direct that a special audit of the accounts of the housing finance institution in relation to any such transaction or class of transactions or for such period or periods, as may be specified in the order, shall be conducted and the National Housing Bank may appoint an auditor or auditors to conduct such special audit and direct the auditor or the auditors to submit the report to it.
[(4) The remuneration of the auditors as may be fixed by the National Housing Bank, having regard to the nature and volume of work involved in the audit and the expenses of or incidental to the audit, shall be borne by the housing finance institution so audited.]
33-A. Power of National Housing Bank to prohibit acceptance of deposit and alienation of assets.
[(1) If any housing finance institution violates the provisions of any section or fails to comply with any direction or order given by the National Housing Bank under any of the provisions of this Chapter, the National Housing Bank may prohibit the housing finance institution from accepting any deposit.
(2) Notwithstanding anything to the contrary contained in any agreement or instrument or any law for the time being in force, the National Housing Bank on being satisfied that it is necessary so to do in the public interest or in the interest of the depositors, may direct, the housing finance institution against which an order prohibiting from accepting deposit has been issued, not to sell, transfer, create, charge or mortgage or deal in any manner with its property and assets without prior written permission of the National Housing Bank for such period not exceeding six months from the date of the order.
### 33. -B. Power of National Housing Bank of file winding up petition. - (1) The National Housing Bank, on being satisfied that a housing finance institution which is a company,-
(a) is unable to pay its debt; or
(b) has by virtue of the provisions of section 29-A become disqualified to carry on the business of a housing finance institution; or
(c) has been prohibited by the National Housing Bank from receiving deposit by an order and such order has been in force for a period of not less than three months; or
(d) the continuance of the housing finance institution is detrimental to the public interest or to the interest of depositors of the company, may file an application for winding up of such housing finance institution under the Companies Act, 2013 (
[18 of 2013
)].
(2) A housing finance institution which is a company shall be deemed to be unable to pay its debt if it has refused or has failed to meet within five working days any lawful demand made at any of its offices or branches and the National Housing Bank certifies in writing that such company is unable to pay its debt.
(3) A copy of every application made by the National Housing Bank under sub-section (1) shall be sent to the Registrar of Companies.
(4) All the provisions of the Companies Act, 2013 (
[18 of 2013
)]
Substituted 'Companies Act, 1956 (
[1 of 1956
)' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
relating to winding up of a company shall apply to a winding up proceeding initiate on the application made by the National Housing Bank under this provision.]
[Inserted by Act 15 of 2000, Section 16 (w.e.f. 12.6.2000). ]
### 34. Inspection. - (1) The National Housing Bank may, at any time, cause an inspection to be made by one or more of its officers or employees or other persons (hereafter in this section referred to as the inspecting authority) of any housing finance institution accepting deposits, for the purpose of verifying the correctness or completeness of any statement, information or particulars furnished to the National Housing Bank or for the purpose of obtaining any information or particulars which the housing finance institution has failed to furnish on being called upon to do so.
(2) It shall be the duty of every director or member of any committee or other body or any person for the time being vested with the management of the whole or part of the affairs of every housing finance institution accepting deposits or other officer or employee thereof to produce to the inspecting authority all such books, accounts and other documents in his custody or power and to furnish that authority with any statement and information relating to the business of the institution as that authority may require of him, within such time as may be specified by that authority.
(3) The inspecting authority may examine on oath any director or member of any committee or body or any other person for the time being vested with the management of the affairs of the housing finance institution, accepting deposits, or any officer or employee thereof, in relation to its business.
### 35. Deposits not to be solicited by unauthorised persons. - No person shall solicit on behalf of any housing finance institution either by publishing or causing to be published any prospectus or advertisement or in any other manner deposits of money from the public unless-
(a) he has been authorised in writing by the said housing finance institution to do so and specifies the name of the institution which has so authorised him; and
(b) the prospectus or advertisement complies with any order made by the National Housing Bank under section 30 and with any other provision of law for the time being in force applicable to the publication of such prospectus or advertisement.
35-A. Disclosure of information.
[(1) Any information relating to a housing finance institution,-
(a) contained in any statement or return submitted by such institution under the provisions of this Chapter; or
(b) obtained through audit or inspection or otherwise by the National Housing Bank, shall be treated as confidential and shall not, except otherwise provided in this section, be disclosed.
(2) Nothing in this section shall apply to-
(a) the disclosure by any housing finance institution, with the previous permission of the National Housing Bank, of any information furnished to the National Housing Bank under sub-section (1);
(b) the publication by the National Housing Bank, if it considers necessary in the public interest so to do, of any information collected by it under sub-section (1) in such consolidated form as it may think fit without disclosing the name of any housing finance institution or its borrowers;
(c) the disclosure by the housing finance institution or by the National Housing Bank of any such information to any other housing finance institution or in accordance with the practice and usage customary amongst such institutions or as permitted or required under any other law:
Provided that any such information received by a housing finance institution under this clause shall not be published except in accordance with the practice and usage customary amongst institutions or as permitted or required under any other law.
(3) Notwithstanding anything contained in this Act or in any other law for the time being in force, the National Housing Bank, if it is satisfied that, in the public interest or in the interest of the depositors or the housing finance institution or to prevent the affairs of any housing finance institution being conducted in a manner detrimental to the interest of the depositors, it is expedient so to do, may, either on its own motion or on being requested, furnish or communicate any information relating to the conduct of business by any housing finance institution to any authority constituted under any law.
(4) Notwithstanding anything contained in any other law for the time being in force, no Court or tribunal or other authority shall compel the National Housing Bank to produce or to give inspection of any statement or other material obtained by the National Housing Bank under any provision of this Chapter.
### 35. -B. Power of National Housing Bank to exempt any housing finance institution. - The National Housing Bank on being satisfied that it is necessary so do to, may, declare by notification that any or all the provisions of this Chapter shall not apply to a housing finance institution or a group of housing finance institutions either generally or for such period as may be specified, subject to such conditions, limitations or restrictions as it may think fit to impose.]
### 36. Chapter V to override other laws. - The provisions of this Chapter 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 such law.
36-A. Power to order repayment of deposit.
[(1) Every deposit accepted by a housing finance institution which is a company unless renewed, shall be repaid in accordance with the terms and conditions of such deposit.
(2) Where a housing finance institution which is a company has failed to repay any deposit or part thereof in accordance with the terms and conditions of such deposit, such officer of the National Housing Bank, as may be authorised by the Central Government for the purpose of this section (hereinafter referred to as the "authorised officer") may, if he is satisfied, either on his own motion or on any application of the depositor, that it is necessary so to do to safeguard the interests of the housing finance institution, the depositors or in the public interest, direct, by order, such housing finance institution to make repayment of such deposit or part thereof forthwith or within such time and subject to such conditions as may be specified in the order:
Provided that the authorised officer may, before making any order under this sub-section, give a reasonable opportunity of being heard to the housing finance institution and the other persons interested in the matter.
### 36. -B. Nomination by depositors. - (1) Where a deposit is held by a housing finance institution to the credit of one or more persons, the depositor or, as the case may be, all the depositors together may nominate, in the manner prescribed by rules made by the Central Government under section 45-ZA of the Banking Regulation Act, 1949 (
10 of 1949
), one person to whom in the event of the death of the sole depositor or the death of all the depositors, the amount of deposit may be returned by the housing finance institution.
(2) Notwithstanding anything contained in any other law for the time being in force, or in any deposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made purports to confer on any person the right to receive the amount of deposit from the housing finance institution, the nominee shall, on the death of the sole depositor or, as the case may be, on the death of all other depositor or, as the case may be, of the depositors, in relation to such deposit to the exclusion of all other persons, unless the nomination is varied or cancelled in the manner prescribed by rules made by the Central Government under section 45-ZA of the Banking Regulation Act, 1949 (
10 of 1949
).
(3) Where the nominee is a minor, it shall be lawful for the depositor making the nomination to appoint, in the manner prescribed by rules made by the Central Government under section 45-ZA of the Banking Regulation Act, 1949 (
10 of 1949
), any person to receive the amount of deposit in the event of his death during the minority of the nominee.
(4) Payment by a housing finance institution in accordance with the provisions of the section shall constitute a full discharge to the housing finance institution of its liability in respect of the deposit:
Provided that nothing contained in this sub-section shall affect the right or claim which any person may have against the person to whom any payment is made under this section.
(5) No notice of the claim of any person, other than the person or persons in whose name a deposit is held by the housing finance institution, shall be receivable by the housing finance institution, nor shall the housing finance institution be bound by any such notice even though expressly given to it:
Provided that where any decree, order, certificate or other authority from a Court of competent jurisdiction relating to such deposit is produced before a housing finance institution, the housing finance institution shall take due note of such decree, order, certificate or other authority.]
[CHAPTER V-A]
[ Inserted by Act 15 of 2000, Section 20 (w.e.f. 12.6.2000).]
Other Provisions Relating To Housing Finance Institutions
### 36. -C. Definitions. - In this Chapter, unless the context otherwise requires,-
(a) "Appellate Tribunal" means the Appellate Tribunal established under section 36-I;
(b) "approved institution" means-
(i) a housing finance institution which has been granted a certificate of registration under sub-section (5) of section 29-A;
(ii) a scheduled bank;
(iii) National Housing Bank acting as trustee or otherwise in a transaction of securitisation of housing mortgages undertaken by the National Housing Bank;
(iv) such other institutions as the Central Government may, on the recommendation of the National Housing Bank, by notification, specify;
(c) "assistance" means any direct or indirect financial assistance granted, by an approved institution during the course of any housing finance activity undertaken by it;
(d) "borrower" means any person to whom any assistance has been given by an approved institution for the purposes of purchase, construction, repairs, extension or renovation of a residential house;
(e) "dues" means any liability which is claimed as due from any person by an approved institution and includes interest, costs, charges and other amount payable in relation thereto;
(f) "recovery officer" means an officer appointed under section 36-D.
### 36. -D. Appointment of recovery officer. - (1) The Central Government may, in consultation with the National Housing Bank, by notification, appoint such persons being the officers of the approved institution, as it may deem fit, to be recovery officers for the purpose of this Chapter who shall have such qualifications as the Central Government may by rules made under this Act specify.
(2) The local limits within which the recovery officer shall exercise the powers conferred and perform the duties imposed on by or under this Chapter shall be such as may be specified by the Central Government by notification.
### 36. -E. Application to the recovery officer. - (1) Where any borrower, who is under a liability to an approved institution under an agreement, makes any default in repayment of any assistance or any instalment thereof or otherwise fails to comply with the terms of the said agreement, then, without prejudice to the provisions of section 69 of the Transfer of Property Act, 1882 (
4 of 1882
), the approved institution may apply to the recovery officer within the limits of whose jurisdiction the borrower actually and voluntarily resides, or carries on business, or personally works for gain, or the cause of action wholly or in part arises, for the sale of the property pledged, mortgaged, hypothecated or assigned to the approved institution as security for the dues.
(2) Where an approved institution, which has to recover its dues from any borrower, has filed an application to the recovery officer under sub-section (1) and the same property is also pledged, mortgaged, hypothecated or assigned to another approved institution or person, the other approved institution or person may join the approved institution at any stage of the proceedings, before the final order is passed, by making an application to that recovery officer.
(3) In the application under sub-section (1) or sub-section (2), the nature and extent of the liability of the borrower to the approved institution or person, the grounds on which it is made shall be stated and it be in such form and be accompanied by such documents or other evidence as may be prescribed.
### 36. -F. Procedure in respect of application under section 36-E. - (1) On receipt of an application under section 36-E, if the recovery officer is of opinion that the borrower is under a liability to an approved institution under an agreement, or has made default in repayment of the assistance or any instalment thereof or has otherwise failed to comply with the terms of said agreement, he shall cause a written notice of demand in such form as may be prescribed to be served on the borrower, calling upon him to pay the amount specified in the notice within a period of ninety days from the date of service thereof or to show cause as to why the relief prayed for should not be granted.
(2) The recovery officer may after giving the applicant and the borrower an opportunity of being heard, pass such interim or final order, including the order for payment of interest from the date on or before which payment of the amount is found due up to the date of realisation or actual payment, on the application as it thinks fit to meet the ends of justice.
(3) The recovery officer may also consider and if satisfied, allow any claim of set-off or counter-claim set up by the borrower against the approved institution or person.
(4) The recovery officer shall supply a copy of every order passed by it to the approved institution and the borrower.
(5) The recovery officer may make an interim order (whether by way of injunction or stay or attachment) against the borrower to debar him from transferring, alienating or otherwise dealing with or disposing of, any property which is pledged, mortgaged, hypothecated or assigned to the approved institution as security for the dues.
(6) The application made to the recovery officer under section 36-E shall be dealt with by him as expeditiously as possible and endeavour shall be made by him to dispose of the application finally within six months from the date of receipt of the application.
### 36. -G. Enforcement of order of recovery officer. - (1) Where the borrower refuses or fails to comply with the order within the time specified therein the recovery officer may, take possession of any property pledged, mortgaged, hypothecated or assigned to the approved institution as security for any assistance in respect of which default has been made and transfer by way of sale, lease or otherwise such property.
(2) Any transfer by way of sale, lease or otherwise under this section shall be conducted in such manner as may be prescribed.
(3) Any transfer of property made by the recovery officer, in exercise of its powers under sub-section (1), shall vest in the transferee all rights in or to the property transferred, as if the transfer has been made by the owner of the property.
(4) Where any action has been taken against the borrower under the provisions of sub-section (1), all costs, charges, expenses which in the opinion of the recovery officer have been properly incurred by him as incidental thereto, shall be recoverable from the borrower and the money which is received by it shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges and expenses and secondly, in discharge of debts, due to the approved institution, and the residue of the money so received shall be paid to the person entitled thereto.
(5) If the dues of the approved institution, together with all costs, charges and expenses incurred by the recovery officer, are tendered to the approved institution or to the recovery officer at any time before the date fixed for sale or transfer, the property shall not be sold or transferred, and no further steps shall be taken for transfer or sale of that property.
### 36. -H. Chief Metropolitan Magistrate and District Magistrate to assist recovery officer in taking charge of property. - (1) Where any property is sold or leased in pursuance of any power conferred by section 36-E, the recovery officer may, for the purpose of taking into custody or under control any such property, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such property or other documents relating thereto may be situated or found to take possession thereof, and the Chief Metropolitan Magistrate or as the case may be, the District Magistrate shall, on such request being made to him,-
(a) take possession of such property and documents relating thereto; and
(b) forward them to the recovery officer.
(2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Metropolitan Magistrate or the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary.
(3) No act of the Chief Metropolitan Magistrate or the District Magistrate done in pursuance of this section shall be called in question in any Court or before any authority.
### 36. -I. Establishment of Appellate Tribunal. - (1) The Central Government shall, by notification, establish one or more Appellate Tribunals, to be known as the Housing Finance Institutions Debt Recovery Appellate Tribunals, to exercise the jurisdiction, powers and authority conferred on such Tribunal by or under this Act.
(2) The Central Government shall also specify in the notification referred to in sub-section (1), the areas in relation to which the Appellate Tribunal may exercise jurisdiction.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the Central Government may authorise the Presiding Officer of an Appellate Tribunal to discharge also the functions of the Presiding Officer of other Appellate Tribunal.
### 36. -J. Composition of Appellate Tribunal. - An Appellate Tribunal shall consist of one person only (hereinafter referred to as the Presiding Officer of the Appellate Tribunal) to be appointed, by notification, by the Central Government.
### 36. -K. Qualifications for appointment as Presiding Officer of Appellate Tribunal .-A person shall not be qualified for appointment as the Presiding Officer of an Appellate Tribunal, unless he-
(a) is, or has been, or is qualified to be a District Judge;
(b) has been a Member of the Indian Legal Service and has held a post in Grade II of that Service for at least three years.
### 36. -L. Term of office. - The Presiding Officer of an Appellate Tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.
### 36. -M. Staff of Appellate Tribunal. - (1) The Central Government shall provide the Appellate Tribunal with such officers and other employees as that Government may think fit.
(2) The officers and other employees of the Appellate Tribunal shall discharge their functions under the general superintendence of the Presiding Officer.
(3) The salaries and allowances and other conditions of service of the officers and other employees of the Appellate Tribunal shall be such as the Central Government may by rules made under this Act specify.
### 36. -N. Salaries and allowances and other terms and conditions of service of Presiding Officers. - The salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Presiding Officer of an Appellate Tribunal shall be such as the Central Government may by rules made under this Act specify:
Provided that neither the salary and allowances nor the other terms and conditions of a Presiding Officer shall be varied to his disadvantage after appointment.
### 36. -O. Filling up of vacancies. - If, for any reason other than temporary absence, any vacancy occurs in the office of the Presiding Officer of an Appellate Tribunal, then the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled.
### 36. -P. Resignation and removal. - (1) The Presiding Officer of an Appellate Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office:
Provided that the said Presiding Officer shall, unless he is permitted by the Central Government, to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earliest.
(2) The Presiding Officer of an Appellate Tribunal shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity after enquiry made by a Judge of a High Court in which the Presiding Officer concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of the charges.
(3) The Central Government may, by rules made under this Act, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid Presiding Officer.
### 36. -Q. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings. - No order of the Central Government appointing any person as the Presiding Officer of an Appellate Tribunal shall be called in question in any manner, and no act or proceeding before an Appellate Tribunal shall be called in question in any manner on the ground merely of any defect in the establishment of an Appellate Tribunal.
### 36. -R. Jurisdiction, powers and authority of Appellate Tribunal. - An Appellate Tribunal shall exercise the jurisdiction, powers and authority to entertain appeals against any order made or deemed to have been made by the recovery officer under this Act.
### 36. -S. Appeal to the Appellate Tribunal. - (1) Any person aggrieved by an order made or deemed to have been made by the recovery officer under this Chapter, may prefer an appeal to an Appellate Tribunal having jurisdiction in the matter.
(2) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made or deemed to have been made by the recovery officer is received by him and it shall be in such form and be accompanied by such fee as may be prescribed:
Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.
(3) On receipt of an appeal under sub-section (1), the Appellate 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 setting aside the order appealed against.
(4) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned recovery officer.
(5) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of the receipt of the appeal.
### 36. -T. Deposit of amount due, on filing appeal. - Where an appeal is preferred by a borrower, such appeal shall not be entertained by the Appellate Tribunal unless such person has deposited with the Appellate Tribunal seventy-five per cent. of the amount due from him as determined by the recovery officer:
Provided that the Appellate Tribunal may, for the reasons to be recorded in writing, waive or reduce the amount to be deposited under this section.
### 36. -U. Procedure and powers of recovery officer and Appellate Tribunal. - (1) The recovery officer and the Appellate Tribunal 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 regulations, the recovery officer and the Appellate Tribunal shall have powers to regulate their own procedure including the places at which they shall have their sittings.
(2) The recovery officer and the Appellate Tribunal shall have, for the purposes of discharging their functions under this Act, 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) issuing commissions for the examination of witnesses or documents;
(e) reviewing its decisions;
(f) dismissing an application for default or deciding it ex parte ;
(g) setting aside any order of dismissal of any applicant for default or any order passed by it ex parte ; and
(h) any other matter which may be prescribed.
(3) Any proceeding before the recovery officer or the Appellate Tribunal 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 (45 of 1860), and the recovery officer or the Appellate Tribunal shall be deemed to be a civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
### 36. -V. Limitation. - The provisions of the Limitation Act, 1963 (
36 of 1963
) shall, as far as may be, apply to an application made to recovery officer.
### 36. -W. Presiding Officer, recovery officer, other officers and employees to be public servant. - The Presiding Officer, other officers and employees of an Appellate Tribunal and the recovery officer shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
### 36. -X. Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against the Central Government or against the Presiding Officer of an Appellate Tribunal or against the recovery officer for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rule or regulation or order made thereunder.
### 36. -Y. Bar of jurisdiction. - No Court or other authority shall have, or be entitled to exercise, any jurisdiction, powers or authority (except the Supreme Court, and a High Court exercising jurisdiction under articles 226 and 227 of the Constitution) in relation to the matters specified in this Chapter.
### 36. -Z. Transitional provisions. - Notwithstanding anything contained in this Act, till the establishment of the Appellate Tribunal under section 36-I for any area, the Appellate Tribunal established under section 8 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (
51 of 1993
) and which is functioning in that area shall exercise the jurisdiction, powers and authority conferred on the Appellate Tribunal under this Act.
Chapter VI
Funds, Accounts And Audit
-----------------------------------------
### 37. General fund and other funds. - (1) With effect from such date as [the Central Government] may specify, the National Housing Bank shall establish a fund to be called the General Fund and all payments by the National Housing Bank shall be made out of the said General Fund.
(2) The Board may, and shall, if so directed by [the Central Government]
[Substituted 'the Reserve Bank' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
, create a special fund or a reserve fund or such other funds as may be prescribed.
### 38. Preparation of balance-sheet, etc., of National Housing Bank. - (1) The balance sheet and accounts of the National Housing Bank shall be prepared and maintained in such form and manner as may be prescribed.
(2) The Board shall cause the books and accounts of the National Housing Bank to be balanced and closed as on the thirtieth day of June each year.
### 39. Disposal of surplus. - After making provision for bad and doubtful debts, depreciation of assets and all other matters for which provision is necessary or expedient or which is usually provided for by bankers, the National Housing Bank shall transfer-
(i) for a period of fifteen years, following the accounting year during which the National Housing Bank is established, the amount remaining (hereafter in this section referred to as surplus) such of the funds referred to in section 37 as the Reserve Bank may specify; and
(ii) after the expiry of the said period of fifteen years, the National Housing Bank shall, after making provision for the funds referred to in section 37, transfer the balance of surplus to [the Central Government].
### 40. Audit. - (1) The accounts of the National Housing Bank shall be audited by auditors duly qualified to act as auditors under sub-section (1) of section 141 of the Companies Act, 2013 (
[18 of 2013
)], who shall be appointed by the Reserve Bank, for such term and on such remuneration as the Reserve Bank may fix.
(2) The auditors shall be supplied with a copy of the annual balance sheet of the National Housing Bank and it shall be their duty to examine it together with the accounts and vouchers relating thereto and they shall have a list delivered to them of all books kept by the National Housing Bank and shall at all reasonable times have access to the books, accounts, vouchers and other documents of the National Housing Bank.
(3) The auditors may, in relation to the accounts of the National Housing Bank, examine any director of the Board or any officer or other employee of the National Housing Bank and shall be entitled to require from the Board or officers or other employees of the National Housing Bank such information and explanation as they may think necessary for the performance of their duties.
(4) The auditors shall make a report to the National Housing Bank upon the annual balance sheet and accounts examined by them and in every such report, they shall state whether in their opinion the balance sheet is a full and fair balance sheet containing all necessary particulars and properly drawn up so as to exhibit a true and fair view of the state of affairs of the National Housing Bank and in case they had called for any explanation or information from the Board or any officer or other employee of the National Housing Bank, whether it was given and whether it was satisfactory.
(5) The National Housing Bank shall furnish to the Central Government and the Reserve Bank within [four months]
[ Substituted by Act 15 of 2000, Section 21, for " three months" (w.e.f. 12.6.2000).]
from the date on which the annual accounts of the National Housing Bank are closed and balanced, a copy of its balance sheet as on the close of the relevant year together with a copy of the profit and loss account for the year and a copy of the auditors' report and a report of the working of the National Housing Bank during that year, and the Central Government shall, as soon as may be after they are received by it, cause the same to be laid before each House of Parliament.
(6) Without prejudice to anything contained in the preceding sub-sections, the Central Government may, at any time, appoint the Comptroller and Auditor-General of India to examine and report upon the accounts of the National Housing Bank and any expenditure incurred by him in connection with such examination and report shall be payable by the National Housing Bank to the Comptroller and Auditor-General of India.
### 41. Returns. - The National Housing Bank shall furnish, from time to time, to the Reserve Bank such information and returns as the Reserve Bank may require.
### 42. Annual report on housing. - The National Housing Bank shall make an annual report to the Central Government and the Reserve Bank on the trend and progress of housing in the country and in that report may make such suggestions as it may think necessary or expedient for the development of housing and the Central Government shall, as soon as may be after the report is received by it, cause the same to be laid before each House of Parliament.
Chapter VII
Miscellaneous
------------------------------
### 43. Staff of National Housing Bank.-(1) The National Housing Bank may appoint such number of officers and other employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service.
(2) The duties and conduct, terms and conditions of service and the establishment and maintenance of provident fund or any other fund for the benefit of the officers and other members of staff of the National Housing Bank shall be such as may be prescribed.
(3) The National Housing Bank may depute any officer or any member of its staff for such period and on such terms and conditions as it may determine, to any institution including a housing finance institution.
(4) Nothing contained in this section shall empower the National Housing Bank to depute any officer or member of its staff to any institution on any salary, emoluments or other terms and conditions which is or are less favourable to him than that or those to which he is entitled to immediately before such deputation.
(5) The National Housing Bank may, [\*\*\*], receive or take on deputation any officer or other employee from any institution including a housing finance institution for such period and on such terms and conditions as it may think necessary in the interest of the National Housing Bank.
[43-A. Delegation of powers.
- The Board may, by general or special order, delegate to an officer or officers of the National Housing Bank, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and duties under this Act as it may deem necessary.]
### 44. Obligation as to fidelity and secrecy. - (1) The National Housing Bank shall not, except as otherwise required by this Act or any other law, divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage customary among bankers, necessary or appropriate for the National Housing Bank to divulge such information.
(2) Every director, member of a committee, auditor, advisor, officer or other employee of the National Housing Bank or of the Reserve Bank, whose services are utilised by the National Housing Bank under the provisions of this Act, shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the First Schedule to this Act.
(3) Nothing contained in this section shall apply to the credit information disclosed under the Credit Information Companies (Regulation) Act, 2005 (
[30 of 2005
).]
### 45. Defects in appointment not to invalidate acts, etc. - (1) No act or proceeding of the Board or of any committee of the National Housing Bank shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board or the committee, as the case may be.
(2) No act done by any person acting in good faith as a director of the Board or as a member of a committee of the National Housing Bank shall become invalid merely on the ground that he was disqualified to be a director or that there was any other defect in his appointment.
45-A. Arrangement with National Housing Bank on appointment of Directors to prevail.
[(1) Where any arrangement entered into by the National Housing Bank with a housing finance institution which is a company provides for the appointment by the National Housing Bank of one or more Directors of such housing finance institution, such provision and any appointment of Directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the Companies Act, 2013 (
[18 of 2013
)] or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to that housing finance institution, or any provision regarding share qualification, age limit, number of Directorships, removal from office of Directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any Director appointed by the National Housing Bank in pursuance of the arrangement as aforesaid.
(2) Any Director appointed as aforesaid shall-
(a) hold office during the pleasure of the National Housing Bank and may be removed or substituted by any person by order in writing of the National Housing Bank;
(b) not incur any obligation or liability by reasons only of his being a Director or for anything done or omitted to be done in good faith in the discharge of his duties as a Director or anything in relation thereto:
(c) not be liable to retirement by rotation and shall not be taken into account for computing the number of Directors liable to such retirement.]
### 46. Protection of action taken under the Act. - No suit or other legal proceeding shall lie against the National Housing Bank or any director or any officer or other employee of the National Housing Bank or any other person authorised by the National Housing Bank to discharge any functions under this Act for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or of any other law or provision having the force of law.
### 47. Indemnity of directors. - (1) Every director shall be indemnified by the National Housing Bank against all losses and expenses incurred by him in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default.
(2) A director shall not be responsible for any other director or for any officer or other employee of the National Housing Bank or for any loss or expenses resulting to the National Housing Bank from the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the National Housing Bank or the insolvency or wrongful act of any debtor or any person under obligation to the National Housing Bank or anything done in good faith in the execution of the duties of his office in relation thereto.
47-A. Nomination in respect of deposits, bonds, etc.
[(1) Notwithstanding anything contained in any other law for the time being in force, where a nomination in respect of any deposit, bond or other securities is made with the National Housing Bank in the prescribed manner, the amount due on such deposits, bonds or securities shall, on the death of the depositor or holder thereof, vest in, and be payable to, the nominee subject to any right, title or interest of any other person to such deposits, bonds or securities.]
(2) Any payment made by the National Housing Bank in accordance with the provisions of sub-section (1) shall be a full discharge of its liability in respect of such deposits, bonds or securities.
### 48. Exemption from tax on income. - [ Repealed by the Finance Act, 2001 (14 of 2001), section 141 (w.e.f.1-4-2001).]
### 49. Penalties. - (1) Whoever in any return, balance sheet, or other document or in any information required or furnished by or under or for the purposes of any provision of this Act, wilfully makes a statement which is false in any material particular, knowing it to be false, or wilfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.
(2) If any person fails to produce any book, account or other document, or to furnish any statement or information which, under the provisions of this Act, it is his duty to produce or furnish, he shall be punishable with fine which may extend to two thousand rupees in respect of each offence and in the case of a continuing failure, with an additional fine which may extend to one hundred rupees for every day during which the failure continues after conviction for the first such failure.
[(2-A) If any person contravenes the provisions of sub-section (1) of section 29-A, he 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 one lakh rupees but which may extend to five lakh rupees.
(2-B) If any auditor fails to comply with any direction given or order made by the National Housing Bank under section 33, he shall be punishable with fine which may extend to five thousand rupees.
(2-C) Whoever fails to comply with any order made by the authorised officer under sub-section (2) of section 36-A, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to a fine of not less than rupees fifty for every day during which such non-compliance continues.]
(3) If any person [other than an auditor]
[ Inserted by Act 15 of 2000, Section 25 (w.e.f. 12.6.2000).]
-
(a) receives any deposit in contravention of any direction given or order made under Chapter V; or
(aa) [ fails to comply with any direction given or order made by the National Housing Bank under any of the provisions of Chapter V; or]
[Inserted by Act 15 of 2000, Section 25 (w.e.f. 12.6.2000). ]
(b) issues any prospectus or advertisement otherwise than in accordance with section 35 or any order made under section 30, as the case may be, he shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine which may extend,-
(i) in the case of a contravention falling under clause (a), to twice the amount of deposit received; and
(ii) in the case of a contravention falling under clause (b), to twice the amount of the deposit called for by the prospectus or advertisement.
(4) If any other provision of this Act is contravened or if any default is made in complying with any other requirement of this Act, or of any order, regulation or direction made or given or condition imposed thereunder, any person guilty of such contravention or default shall be punishable with fine which may extend to two thousand rupees and where a contravention or default is a continuing one with further fine which may extend to one hundred rupees for every day, after the first, during which the contravention or default continues.
### 50. Offences by companies. - (1) Where an offence 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 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 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.
### 51. Cognizance of offences. - (1) No Court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made by an officer of the National Housing Bank, generally or specially auhorised in writing in this behalf by the National Housing Bank, and no Court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class or a Court superior thereto shall try any such offence.
(2) Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974), a Magistrate may, if he sees reason so to do, dispense with the personal attendance of the officer of the National Housing Bank filing the complaint but the Magistrate may in his discretion, at any stage of the proceedings, direct the personal attendance of the complainant.
### 52. Application of fine.
- A Court imposing fine under the Act may direct that the fine, if realised, shall be applied-
[(a) firstly, in or towards payment of, the cost of the proceedings, and
(b) secondly, for repayment of the deposit to the person to whom repayment of the deposit was to be made, and on such payment, the liability of the housing finance institution to make repayment of the deposit shall, to the extent of the amount paid by the Court, stand discharged.
### 52. -A. Power of National Housing Bank to impose fine. - (1) Notwithstanding anything contained in section 49, if the contravention or default of the nature referred to in section 49 is committed by a housing finance institution which is a company, the National Housing Bank may impose on such institution-
(a) a penalty not exceeding five thousand rupees; or
(b) where the contravention or default is under sub-section (2-A) or clause (a) or clause (aa) of sub-section (3) of section 49, a penalty not exceeding five lakh rupees or twice the amount involved in such contravention or default, where the amount is quantifiable, whichever is more; and where such contravention or default is a continuing one, further penalty which may extend to twenty-five thousand rupees for every day, after the first, during which the contravention or default continues.
(2) For the purpose of imposing penalty under sub-section (1), the National Housing Bank shall serve a notice on the housing finance institution requiring it to show cause why the amount specified in the notice should not be imposed as a penalty and a reasonable opportunity of being heard shall also be given to such housing finance institution.
(3) Any penalty imposed by the National Housing Bank under this section shall be payable within a period of thirty days from the date on which notice issued by the National Housing Bank demanding payment of the sum is served on the housing finance institution and, in the event of failure of the housing finance institution to pay the sum within such period, may be levied on a direction made by the principal Civil Court having jurisdiction in the area where the registered office or the head office of the housing finance institution is situated:
Provided that no such direction shall be made, except on an application made by an officer of the National Housing Bank authorised in this behalf, to the principal Civil Court.
(4) The Court which makes a direction under sub-section (3), shall issue a certificate specifying the sum payable by the housing finance institution and every such certificate shall be enforceable in the same manner as if it were a decree made by the Court in a civil suit.
(5) No complaint shall be filed against any housing finance institution in any Court of law pertaining to any contravention or default in respect of which any penalty has been imposed by the National Housing Bank under this section.
(6) Where any complaint has been filed against a housing finance institution in a Court in respect of contravention or default of the nature referred to in section 49, no proceedings for imposition of penalty against the housing finance institution shall be taken under this section.]
### 53. Bankers' Books Evidence Act
18 of 1891
, to apply in relation to National Housing Bank. - The Bankers' Books Evidence Act, 1891 (
18 of 1891
), shall apply in relation to the National Housing Bank as if it were a bank as defined in section 2 of that Act.
### 54. Liquidation of National Housing Bank. - No provision of law relating to the winding up of companies shall apply to the National Housing Bank and the National Housing Bank shall not be placed in liquidation save by order of the Central Government and in such manner as it may direct.
54-A. Power to make rules.
[(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) qualifications for appointment as a recovery officer under sub-section (1) of section 36-D;
(b) the salaries and allowances and other terms and conditions of service of the officers and other employees of the Appellate Tribunal under sub-section (3) of section 36-M;
(c) the salaries and allowances and other terms and conditions of service of the Presiding Officers of the Appellate Tribunal under section 36-N; and
(d) the procedure for the investigation of misbehaviour or incapacity of the Presiding Officers of the Appellate Tribunals under sub-section (3) of section 36-P.]
### 55. Power of the Board to make regulations. - (1) The Board may, with the previous approval of [\*\*\*] the Central Government, by notification, make regulations not inconsistent with this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions 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) the fees and allowances that may be paid to the directors for attending the meetings of the Board or its committees under sub-section (5) of section 7;
(aa) [ the manner in which Directors shall be elected under clause (c-a) of sub-section (1) of section 6;]
[ Inserted by Act 15 of 2000, Section 28 (w.e.f. 12.6.2000).]
(b) the times and places at which the Board may meet, and the rules of procedure that may be followed in regard to the transaction of business under sub-section (1) of section 11;
(c) the number of members that the Executive Committee may consist, the functions that it may discharge and times and places at which it shall meet and the rules of procedure that it may follow in the transaction of business under section 12;
(d) the manner and terms of issue and redemption of bonds and debentures under clause (a) of sub-section (1) of section 15;
(e) the manner in which and the conditions subject to which the National Housing Bank may borrow in foreign currency under sub-section (1) of section 16;
(f) the form in which the statements, information, etc., is to be furnished under section 32;
(fa) [ the form of application to be made under section 36-E and the documents to be annexed to such application;
[ Inserted by Act 15 of 2000, Section 28 (w.e.f. 12.6.2000).]
(fb) the form in which notice of demand is required to be served on the borrower under sub-section (1) of section 36-F;
(fc) the manner in which the property shall be transferred under sub-section (2) of section 36-G;
(fd) the form in which the appeal can be filed with the Appellate Tribunal under section 36-S and the amount of fee required to be deposited with such appeal;]
(g) the special fund, reserve fund and other funds to be created under sub-section (2) of section 37;
(h) the form and manner in which the balance-sheet and accounts shall be prepared and maintained under sub-section (1) of section 38;
(i) the duties and conduct, salaries, allowances and conditions of service of the officers and other members of staff of the National Housing Bank under section 43;
(j) the establishment and maintenance of provident fund and any other fund for the benefit of officers and other members of staff of the National Housing Bank under section 43; and
[(j-a) the manner in which nomination may be made under sub-section (1) of section 47-A;]
Substituted by Act 15 of 2000, Section 28, for " regulation or scheme" (w.e.f. 12.6.2000). Earlier it was substituted by Act
[47 of 1991
, Section 5, for " regulation" (w.e.f. 20.9.1991).]
(k) any other matter which is to be, or may be, prescribed.
(3) Any regulation which may be made by the Board under this Act may be made [\*\*\*]
[Omitted 'by the Reserve Bank' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
, in consultation with the Central Government, before the expiry of three months from the date of establishment of the National Housing Bank, and any regulation so made may be altered and rescinded by the Board in the exercise of its powers under this Act.
(4) The power to make regulations conferred by this section shall include the power to give retrospective effect to the regulations or any of them from a date not earlier than the date of commencement of this Act, but no retrospective effect shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable.
(5) The Central Government shall cause every [rules, regulation or scheme]
Substituted by Act 15 of 2000, Section 28, for " regulation or scheme" (w.e.f. 12.6.2000). Earlier it was substituted by Act
[47 of 1991
, Section 5, for " regulation" (w.e.f. 20.9.1991).]
made under this Act to be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the [rules, regulation or scheme]
Substituted by Act 15 of 2000, Section 28, for " regulation or scheme" (w.e.f. 12.6.2000). Earlier it was substituted by Act
[47 of 1991
, Section 5, for " regulation" (w.e.f. 20.9.1991).]
or both Houses agree that the [rules, regulation or scheme]
Substituted by Act 15 of 2000, Section 28, for " regulation or scheme" (w.e.f. 12.6.2000). Earlier it was substituted by Act
[47 of 1991
, Section 5, for " regulation" (w.e.f. 20.9.1991).]
should not be made, the [rules, regulation or scheme]
Substituted by Act 15 of 2000, Section 28, for " regulation or scheme" (w.e.f. 12.6.2000). Earlier it was substituted by Act
[47 of 1991
, Section 5, for " regulation" (w.e.f. 20.9.1991).]
shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the regulation.
### 56. Amendment of certain enactments. - The enactments specified in the Second Schedule to this Act shall be amended in the manner provided therein and unless otherwise provided in that Schedule, such amendments shall take effect on and from the date of establishment of the National Housing Bank under section 3.
### 57. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the 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 three years from the commencement of this Act.
|
65ba2079ab84c7eca86eaaaf | acts |
State of Maharashtra - Act
----------------------------
The Maharashtra Essential Services Maintenance Act, 2011.
-----------------------------------------------------------
MAHARASHTRA
India
The Maharashtra Essential Services Maintenance Act, 2011.
===========================================================
Act 12 of 2012
----------------
* Published in Gazette 12 on 21 July 2012
* Assented to on 21 July 2012
* Commenced on 21 July 2012
The Maharashtra Essential Services Maintenance Act, 2011.
[21st July, 2012.]
Maharashtra Act No. 12 of 2012
An Act to provide for the maintenance of certain essential services and the normal life of the community; and to provide for matters connected therewith or incidental thereto.
WHEREAS it is expedient to provide for maintenance of certain essential services and the normal life of the community; and to provide for matters connected therewith or incidental thereto;
It is hereby enacted in the Sixty-Second Year of the Republic of India as follows: —
### 1. Short title, extent, commencement and duration. —
(1) This Act may be called the Maharashtra Essential Services Maintenance Act. 2011.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and shall cease to have effect on the expiry of five years from the said date except as respects things done or omitted to be done before such cesser of operation of this Act; and section 7 of the Bombay General Clauses Act, 1904, shall apply upon such cesser of operation of this Act as if it had then been repealed by a Maharashtra Act.
### 2. Definitions. —
In this Act, unless the context otherwise requires, —
(a) “essential service” means, —
(i) any transport service for the carriage of passengers or goods, by land or water, with respect to which the State Legislature has power to make laws;
(ii) any service connected with the supply of gas or milk or water or electricity with respect to which the State Legislature has power to make laws;
(iii) any service connected with the maintenance of public health and sanitation including hospitals and dispensaries;
(iv) any public service, post and employment in connection with the affairs of the State and also persons appointed to the secretarial staff of both Houses of the State Legislature, and the officers and servants of the High Court;
(v) any service or post in connection with the affairs of the local authorities;
(vi) any other service, post, employment or class thereof, connected with matters in respect of which the State Legislature has power to make laws and when the State Government is of opinion that strike in such service, post, employment or class thereof would prejudicially affect the public safety or the maintenance of the supplies or services essential to the life of the community or would result in the infliction of grave hardships on the community, and which the State Government by notification in the Official Gazette, declares to be an essential service for the purpose of this Act;
(b) “strike” means the cessation of work by a body of persons employed in any essential service acting in combination or a concerted refusal or a refusal under a common understanding of any number of persons who are or have been so employed, to continue to work or to accept employment, and includes, —
(i) refusal to work overtime, where such work in necessary for the maintenance of any essential service;
(ii) any other conduct, which is likely to result in, or results in, cessation or substantial retardation of work in any essential service;
(c) words and expressions used in sections 5 and 6 and not defined herein but defined in the Industrial Disputes Act, 1947, shall have the meanings respectively assigned to them in that Act.
### 3. Laying of notification before each House of State Legislature. —
(1) Every notification issued under sub-clause (vi) of clause (a) of section 2 shall be laid before each House of the State Legislature, immediately after it is made, if it is in session, and on the first day of the commencement of the next session of the House if it is not in session and shall cease to operate at the expiration of forty days from the date of its being so laid or from the re-assembly of the State Legislature, as the case may be, unless before the expiration of that period, a resolution approving the issue of the notification is passed by both Houses of the State Legislature.
(2) Where any notification ceases to operate by or under sub-section (1), the cesser shall be without prejudice to anything done or omitted to be done before such cesser.
Explanation— Where the Houses of the State Legislature are summoned to reassemble on different dates, the period of forty days shall be reckoned from the later of those dates.
### 4. Power to prohibit strike in certain employments. —
(1) If the State Government is satisfied that in the public interest, it is necessary or expedient so to do, it may subject to the provisions of sub-section (5), by general or special order, prohibit strike in such essential service from such date as may be specified in the order.
(2) An order made under sub-section (1) shall be published in such manner as the State Government considers best calculated to bring it to the notice of the persons affected by the order.
(3) An order made under sub-section (1) shall be in force only for six months from the date specified therein, but the State Government may, by a like order published in like manner, and subject to the provisions of sub-section (5), extend it for a further period not exceeding six months, if it is satisfied that in the public interest it is necessary or expedient so to do.
(4) Upon the issue of an order under sub-section (1) or sub-section (3), —
(a) no person employed in any essential service to which the order relates shall go or remain on strike;
(b) any strike declared or commenced whether before or after the issue of the order, by persons employed in any such service shall be illegal.
(5) No order under sub-section (1) or sub-section (3) shall be made in respect of––
(a) persons appointed to the secretarial staff of the Houses of the State Legislature, except at the request of the Chairman of the Legislative Council and the Speaker of the Legislative Assembly;
(b) officers and servants of the High Court, except at the request of the Chief Justice of the High Court.
### 5. Power to prohibit lockout in certain establishments. —
(1) If the State Government is satisfied that in the public interest, it is necessary or expedient so to do, it may, by general or special order, prohibit lock-out in any establishment pertaining to any essential service specified in the order.
(2) An order made under sub-section (1) shall be published in such manner as the State Government considers best calculated to bring it to the notice of the persons affected by the order.
(3) An order made under sub-section (1) shall be in force for six months only, but the State Government may, by a like order, extend it for a further period not exceeding six months, if it is satisfied that in the public interest it is necessary so to do.
(4) Upon the issue of an order under sub-section (1) or sub-section (3), —
(a) no employer in relation to an establishment to which the order applies shall declare or commence any lock-out;
(b) any lock-out declared or commenced whether before or after the issue of the order, by any employer in relation to an establishment to which the order applies, shall be illegal.
(5) Any employer in relation to an establishment who commences, continues or otherwise acts in furtherance of a lock-out which is illegal under this section, shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
### 6. Power to prohibit lay-off in certain establishments. —
(1) If the State Government is satisfied that in the public interest it is necessary or expedient so to do, it may, by general or special order, prohibit lay-off, on any ground other than shortage of power or natural calamity, of any workman (other than a badli workman or a casual workman) whose name is borne on the muster roll of any establishment pertaining to any essential service specified in the order.
(2) An order made under sub-section (1) shall be published in such manner as the State Government considers best calculated to bring it to the notice of the persons affected by the order.
(3) An order made under sub-section (1) shall be in force for six months only but the State Government may, by a like order, extend it for a further period not exceeding six months if it is satisfied that in the public interest it is necessary or expedient so to do.
(4) Upon the issue of an order under sub-section (1) or sub-section (3), —
(a) no employer, in relation to an establishment to which the order applies, shall lay-off or continue the lay-off of any workman (other than a badli workman or a casual workman) whose name is borne on the muster roll of such establishment, unless such lay-off is due to shortage of power or to natural calamity and any laying off or continuation of laying off shall, unless such laying off or continuation of laying off is due to shortage of power or natural calamity, be illegal;
(b) a workman whose laying off is illegal under clause (a) shall be entitled to all the benefits under any law for the time being in force as if he had not been laid-off.
(5) Any employer in relation to an establishment who lays off or continues the laying off of any workman shall, if such laying off or continuation of laying off is illegal under this section, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
### 7. Penalty for illegal strike. —
Any person who commences a strike which is illegal under this Act or goes or remains on, or otherwise takes part in, any such strike shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
### 8. Penalty for instigation. —
Any person who instigates or incites other persons to take part in or otherwise acts in furtherance of, a strike which is illegal under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
### 9. Penalty for giving financial aid to illegal strike. —
Any person who knowingly expends or supplies any money in furtherance or support of a strike which is illegal under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
### 10. Action under sections 7,8, or 9 in addition to disciplinary action. —
Any action taken under section 7, 8 or 9 shall not affect, and shall be in addition to, any action of a disciplinary nature or any consequence which may ensue, and to which any person may be liable by the terms and conditions of his service or employment.
### 11. Power to arrest without any warrant and all offences to be non-bailable. —
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any Police Officer may arrest without a warrant any person who is reasonably suspected of having committed any offence under this Act.
(2) All offences under this Act shall be non-bailable.
### 12. Act to override other laws. —
The provisions of this Act or any order issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in the Bombay Industrial Relations Act, 1946, the Industrial Disputes Act, 1947 or any other law for the time being in force
|
65b9f139ab84c7eca86ea495 | acts |
State of West Bengal - Act
----------------------------
The Land Registration Act, 1876
---------------------------------
WEST BENGAL
India
The Land Registration Act, 1876
=================================
Act 7 of 1876
---------------
* Published on 23 August 1876
* Commenced on 23 August 1876
The Land Registration Act, 1876
Bengal Act
7 of 1876
[23rd August, 1876.]
An Act to provide for the registration of revenue-paying and revenue-free lands, and of the proprietors and managers thereof.
Preamble. - Whereas it is expedient to make better provision for the preparation and maintenance of registers of revenue-paying and revenue-free lands, and of the proprietors and managers thereof, and of certain mortgages of revenue-paying lands;
It is hereby enacted as follows:-
Part I – Preliminary
----------------------
### 1. Short title.
- This Act may be called the Land Registration Act, 1876.
Commencement. - Repealed by Act 1 of 1903.
### 2. Regulations repealed.
- Repealed by Act 1 of 1903.
### 3. Interpretation-clause.
- In this Act, unless there be something repugnant in the subject or context,-
(1) "Civil court" means any Civil Court which is competent to hear and determine the matter with respect to which the words are used;
(2) "estate" includes-
(a) any land subject to the payment of land-revenue, either immediately or prospectively, for the discharge of which a separate engagement has been entered into with [the Government]
[Words 'the Crown' first substituted for the word 'Government' by the the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws, Order, 1950.]
;
(b) any land which is entered on the revenue-roll as separately assessed with land-revenue (whether the amount of such assessment be payable immediately or prospectively), although no engagement has been entered into with [the Government]
[Words 'the Crown' first substituted for the word 'Government' by the the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws, Order, 1950.]
for the amount of revenue so separately assessed upon it as a whole;
(c) any land being the property of [the Government]
[Words 'the Crown' first substituted for the word 'Government' by the the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws, Order, 1950.]
of which the Board shall have directed the separate entry on the general register hereinafter mentioned [or on any other register prescribed for the purpose by rule made under this Act]
[Words within third brackets substituted for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
;
(3) "extent of interest" means the share or interest in an estate or revenue-free property of which the person with respect to whom the words are used is in possession as proprietor or manager;
[\* \* \* \* \*] [[Clause (4) omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, which was as under:-
'(4) Lieutenant-Governor' means the Lieutenant-Governor of Bengal for the time being, or the person acting in that capacity.'.]]
(5) "local division" means a subdivision pargana, thana, police division or jurisdiction, or other division according to which the mauzawar register of the district is arranged;
(6) "Manager" means every person who is appointed by the Collector, the Court of Wards or by any Civil or Criminal Court to manage any estate or revenue-free property or any part thereof, and every person who is in charge of an estate or revenue free property or any part thereof on behalf of a minor, idiot or lunatic, or on behalf of a religious or charitable foundation [or as a trustee or executor]
[Words inserted for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
;
(7) [ "mauza" means the area defined, surveyed and recorded as a distinct and separate mauza in-] [[Clause (7) substituted for original clause for Eastern Bengal by E.B. & A. Act 1 of 1907. Original clause (7) was as under:-
'(7) 'Mouzah' includes every village, hamlet, tolah, and other similar subdivision of land commonly in use in any district, by whatever name such subdivision may be known.'.]]
(a) the general land-revenue survey which has been made of the [State]
[Words substituted for the word 'Province' by the Adaptation of Laws Order, 1950.]
[\*]
[Words 'of Bengal' omitted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.]
or
(b) any survey made [by any Government]
[Words substituted for the words 'by the Government' by the Government of India (Adaptation of Indian Laws) Order, 1937.]
which may be adopted [by the State Government]
[Words 'by the Provincial Government' first inserted by the Government of India (Adaptation of Indian Laws) Order, 1937; then the word 'State' substituted for the words 'Provincial' by the Adaptation of Laws Order, 1950.]
by notification in the [Official Gazette]
[Words substituted for the word 'Government Gazette' by the Government of India (Adaptation of Indian Laws) Order, 1937.]
, as defining mauzas for the purposes of this clause in any specified area;
and, where a survey has not been [so made or adopted by the State Government]
[Words 'so made or adopted by the Provincial Government' first substituted for the words 'made by, or under the authority of, the Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.]
, such area as the Collector may, with the sanction of the Board of Revenue, by general or special order, declare to constitute a mauza;
(8) "proprietor" means every person being in possession of an estate or revenue-free property, or of any interest in an estate or revenue-free property, as owner thereof; and includes every farmer and lessee who holds an estate or revenue-free property directly from or under the Collector;
(9) "recorded proprietor" means any proprietor whose name, and the character and extent of whose interest in an estate or revenue-free property, stand registered in any general register now existing or hereafter to be made under this Act;
(10) "revenue-free property" means any land not subject to the payment of land-revenue which is included under one entry in any part of the general register of revenue-free lands;
(11) "section" means a section of this Act;
(12) [ "the Board" means the Board of Revenue for the] [[Clause (12) substituted by the Government of India (Adaptation of Indian Laws) Order, 1937. Original clause (12) was as under:-
'(12) 'The Board' means the Board of Revenue of the Provinces for the time being subject to the Lieutenant-Governor of Bengal.'.]] [State]
[Word substituted for the word 'Province' by the Adaptation of Laws Order, 1950.]
;
(13) "the Collector" means the Collector of the district to which a register relates;
(14) "the district" means the district to which a register relates.
Part II – Of The Registers To Be Kept Up By The Collector
-----------------------------------------------------------
### 4. Collector to keep registers.
- The Collector of every district shall prepare and keep up the following registers :-
A. - A general register of revenue-paying lands.
B. - A general register of revenue-free lands.
C. - A mauzawar register of all lands revenue-paying and revenue-free.
D. - An intermediate register of changes affecting entries in the general and mauzawar registers.
### 5. Forms, language, character and arrangement of registers.
- The registers shall be written in such forms, languages and character, and shall be arranged in such manner not being inconsistent with the provisions of this Act, as the Board from time to time may direct for each district.
[\* \* \* \* \*]
[The second paragraph of Section 5 repealed, in Western Bengal by Bengal Act 2 of 1906, and in Eastern Bengal by E.B. & A. Act 1 of 1907.]
### 6. General register of revenue-paying lands.
- The general register of revenue-paying lands shall consist of two parts:-
Part I – . - Book of estates borne on the revenue-roll of the district.
-------------------------------------------------------------------------
Part II – . - Book of lands situated in the district appertaining to estates borne on the revenue-rolls of other districts.
-----------------------------------------------------------------------------------------------------------------------------
### 7. Part I of general register.
- In Part I of the general register of revenue-paying lands shall be entered the name of every estate which is borne on the revenue-roll of the district, and the following particulars relating to every such estate:-
(a) name of the estate;
(b) number of the estate on the revenue-roll of the district, and the annual amount of revenue for which it is liable;
(c) names and addresses of the proprietors, managers and mortgagees of the estate, with the character and extent of the interest of each proprietor, manager and mortgagee;
(d) name of every local division in which any lands of the estate are situated, whether in the district or in any other district, with specification under each local division of-
(i) the number of mauzas containing such lands,
(ii) the name of each mauza,
(iii) the number which each mauza bears under the local division in the mauzawar register, and
(iv) the area of land appertaining to the estate which each mauza contains, if ascertained by survey or other authentic measurement;
(e) [ reference to entries made in the intermediate register after the preparation of the general register.]
[Clause (e) repealed, by Bengal Act 2 of 1906 and E.B. & A. Act 1 of 1907, in the districts in respect of which any order is issued under any clause of Section 19A of the present Act.]
### 8. Part II of general register.
- In Part II of the general register of revenue-paying lands shall be entered the name of every estate which comprises lands situated in the district but which is borne on the revenue-roll of some other district, and the following particulars relating to every such estate:-
(a) name of the estate:
(b) name of the district on the revenue-roll of which the estate is borne, with the number which the estate bears on that roll, the annual amount of revenue for which it is liable, [and the number which the estate bears in Part I of the general register of revenue-paying lands for its own district]
[Words repealed, by Bengal Act 2 of 1906 and E.B. & A. Act 1 of 1907, in the districts in respect of which any order is issued under clause (a) or clause (b) of Section 19A of the present Act.]
;
(c) names and addresses of the proprietors, managers or mortgagees of the estate, with the character and extent of the interest of each proprietor, manager and mortgagee;
(d) name of every local division of the district to which the register relates, in which any lands of the estate are situated, with a specification under each local division of-
(i) the number of mauzas containing such lands,
(ii) the name of each mauza,
(iii) the number which each mauza bears under the local division in the mauzawar register of the district, and
(iv) the area of land appertaining to the estate which each mauza contains, if ascertained by survey or other authentic measurement;
(e) [ reference to entries made in the intermediate register after the preparation of the general register.]
[Clause (e) repealed, by Bengal Act 2 of 1906 and E.B. & A. Act 1 of 1907, In the districts in respect of which any order is issued under any clause of Section 19A of the present Act.]
### 9. General register of revenue-free lands.
- The general register of revenue-free lands shall consist of three parts-
Part I – . - Book of lands held exempt from revenue in perpetuity.
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Part II – . - Book of lands occupied for public purposes without payment of revenue.
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Part III – . - Book of unassessed waste-lands and other lands not included in Part I or Part II of the general register of revenue-free lands.
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### 10. Part I of general register of revenue-free lands.
- In Part I of general register of revenue-free lands shall be entered,
all lands held under badshahi hukami and other lakhiraj grants which have been declared to be valid by competent authority,
all lands in which [the Government]
[Words 'the Crown' first substituted for the words 'the Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then again the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.]
has conferred a proprietary title free in perpetuity from any demand on account of land-revenue, in consideration of the payment of a capitalized sum, or for any other reason, and
any lands of which the Board, on a full report of the circumstances of the case, shall have sanctioned the entry in this Part of such register.
Part I – of such register shall, as far as possible, contain the following particulars in respect of each entry:-
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(a) name of the revenue-free property, with the character of the tenure, whether jagir, altamgha, debottar, bishunpirit, purchased revenue-free, redeemed or otherwise;
(b) date of the grant or title being conferred;
(c) nominal area granted;
(d) names of the grantor and original grantee;
(e) reference to any decree or other order of competent authority declaring or recognizing the grant to be valid;
(f) names and addresses of the proprietors and managers of the revenue-free property, with the character and extent of the interest of each proprietor and manager;
(g) name of every local division in which any land appertaining to the property is situated, whether in the district or in any other district, with specification under each local division of-
(i) the number of mauzas containing such land,
(ii) the name of each mauza,
(iii) the number which each mauza bears under the local division in the mauzawar register, and
(iv) the area of land appertaining to the revenue-free property which the mauza contains if ascertained by survey or other authentic measurement, with specification of the number of each field according to the papers of such measurement;
(h) reference to the entries in earlier registers relating to the property or any part thereof;
(i) reference to entries made in any intermediate register after the preparation of the general register.
### 11. Part II of general register of revenue-free lands.
- In Part II of the general register of revenue-free lands shall be entered all lands which are occupied [by the Government]
[Words 'by the Crown' first substituted for the words 'by the Government' by the Government of India (Adaptation of Indian Laws) Order, 1937. then word 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.]
or by any public body, for public purposes, and on account of which no land-revenue is demanded.
It shall contain the following particulars :-
(a) area of the land comprised in each entry;
(b) names of the local divisions and mauzas in which the lands are situated, with area in each mauza and a reference to the number under which each mauza is entered in the mauzawar register of the local division;
(c) name of the department of Government or of the public body by which the land is occupied;
(d) the purpose for which it is occupied;
(e) the date and particulars of the appropriation of the land to such purpose;
(f) reference to entries in the intermediate register made after the preparation of the general register.
### 12. Part III of general register of revenue-free lands.
- In Part III of the general register of revenue-free lands shall be entered all waste and other lands (not being included in any other part of the general register) which are not assessed to land-revenue. It shall contain the following particulars :-
(a) name and number of the lot, or other particulars identifying the property;
(b) area comprised in each entry;
(c) name of every local division and mauza in which lands of the property are situated, with area in each mauza, and a reference to the local division and number under which each mauza is entered under the local division on the mauzawar register;
(d) reference to entries in the intermediate register made after the preparation of the general register.
### 13. Board may direct that three last sections shall not apply to any district.
- If it shall appear to the Board that the circumstances of any district are such, [or that, in consequence of the preparation of a record-of-rights, or for any other reason, the circumstances of any district or part of a district are so altered,]
[Words inserted for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
that it is not desirable or practicable to prepare [or re-write or maintain]
[Words inserted for Western Bengal by Bengal Act 2 of 1906.]
the register of revenue-free lands in the manner described in the three last preceding sections,
the Board may direct that the said sections shall not apply to such district, and may lay down rules, not being inconsistent with the provisions of this Act, in respect of the registration of revenue-free lands and of the proprietors and managers thereof:
Provided that such rules shall require the registration of the name of one or more persons as liable for the discharge of the duties and obligations referred to in section 68 in respect of all lands which under such rules may be registered as separate revenue-free properties.
Such rules, when they shall have been sanctioned by the [State Government]
[Words 'Provincial Government' first substituted for the words 'Lieutenant Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.]
and published in the [Official Gazette]
[Words substituted for the words 'Calcutta Gazette' by the Government of India (Adaptation of Indian Laws) Order, 1937.]
and otherwise locally as the [State Government]
[Words 'Provincial Government' first substituted for the words 'Lieutenant Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.]
may order, shall, from such date as the [State Government]
[Words 'Provincial Government' first substituted for the words 'Lieutenant Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.]
may direct, have the same force as if they were included in this Act.
### 14. Purpose of mauzawar register.
- The mauzawar register shall be kept up for the purpose of showing, in a connected form, the mauzas situated in each local division, and the lands, whether revenue-paying or revenue-free, of which each mauza consists.
### 15. Mauzawar register to be arranged according to local divisions.
- The mauzawar register shall be arranged and divided according to subdivisions, parganas, thanas, police-jurisdictions, or such other local divisions of the district as the Board may from time to time direct for each district; the entries of mauzas shall have a separate series of consecutive numbers [for each local division, and shall be so arranged as the Board may direct.]
[Words substituted for the words 'and a separate alphabetical arrangement for each local division.' for Western Bengal by Bengal Act 2 of 1906 and, for Eastern Bengal by E.B. & A. Act 1 of 1907.]
The mauzawar register shall contain the following particulars :-
(a) name of the mauza;
(b) total area of mauza, if ascertained by survey or other authentic measurement, with a reference to the authority for the entry;
(c) name of every estate or revenue-free property to which any of the lands of the mauza appertain, with a reference to the entry of each on the general register, and a specification of the area of land in the mauza which appertains to each, if ascertained by survey or other authentic measurement, with a reference to the authority for such entry;
(d) gross rental of the area of land in the mauza which appertains to each estate or property, if such rental has been ascertained during management of the lands by the Collector or by other authentic means, with a reference to the authority for the entry;
(e) reference to entries made in intermediate registers after, the preparation of the mauzawar register.
### 16. Intermediate registers.
- Intermediate registers shall be kept up for the purpose of recording therein from time to time changes affecting the entries which stand in the general and mauzawar registers, so that by a reference to them, in connection with those registers, correct information up to date on the points recorded may be obtained at any time; also for the purpose of keeping together, as far as possible, in a convenient form, the information which will eventually be required for re-writing the general and mauzawar registers.
### 17. Division of intermediate register.
- The intermediate register shall consist of two parts, as follows :-
Part I – . - Book of changes affecting entries relating to revenue-paying lands.
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Part II – . - Book of changes affecting entries relating to revenue-free lands.
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### 18. Particulars of Part I of intermediate register.
- In Part I of the intermediate register shall be recorded, on a convenient form, all changes in the names of proprietors, managers and (so far as this Act requires) mortgagees, and in the character or extent of the interest of each such proprietor, manager and mortgagee, and such other changes affecting any entry standing in the general register of revenue-paying lands, or any entry in the mauzawar register relating to revenue-paying lands as cannot conveniently be entered against such entry in the general or the mauzawar register. It shall contain the following particulars :-
(a) name of the estate affected, with references to [the number it bears on the general register of revenue-paying lands,]
[Words repealed, by Bengal Act 2 of 1906 and E. B. & A. Act 1 of 1907. In the districts In respect of which any order is issued under clause (a) or clause (b) of Section 19A of the present Act.]
the number it bears on the revenue-roll, and the amount of revenue for which it is liable;
(b) references to previous entries in the intermediate register relating to the estate;
(c) particulars of the change, with a reference to the authority under which it is made;
(d) the numbers borne by the entries [in each Part of the general register of revenue-paying lands,]
[Words repealed, by Bengal Act 2 of 1906 and E. B. & A. Act 1 of 1907. In the districts in respect of which any order is issued under clause (a) or clause (b) of Section 19A of the present Act.]
and under each local division in the mauzawar register which are affected by the change here recorded.
### 19. Particulars of Part II of intermediate register.
- In Part II of the intermediate register shall be recorded all changes in the names of proprietors and managers of revenue-free properties, and in the character and extent of interest of each such proprietor and manager, and such other changes affecting any entry standing in the general register of revenue-free lands, or any entry relating to revenue-free lands in the mauzawar register, as cannot conveniently be entered against such entry in the general or the mauzawar register. It shall contain the following particulars :-
(a) name and character of the revenue-free property to which the lands appertain, and number which it bears in any part of the register of revenue-free lands;
(b) reference to previous entries in the intermediate register relating to the property;
(c) particulars of the change, with a reference to the authority under which it is made;
(d) the numbers borne by the entries in the general register and under each local division in the mauzawar register which are affected by the change here recorded.
### 19A. [ Power of Board to issue orders as to record of matters required to be entered in Register A or Part I of Register D. - Notwithstanding anything contained in other sections of this Act, the Board may from time to time, by written order, direct, in respect of all or any districts,-]
[Section 19A inserted for Eastern Bengal by E. B. & A. Act 1 of 1907.]
(a) that all matters required by this Act to be entered in the general register of revenue-paying lands and Part I of the intermediate register, respectively, shall be entered in a combined register to be prescribed by the Board, instead of the aforesaid registers, or
(b) that all matters required by this Act to be entered in the general register of revenue-paying lands shall be entered in Part I of the intermediate register instead of in the general register of revenue-paying lands, or
(c) that all matters required by this Act to be entered in Part I of the intermediate register shall be entered in the general register of revenue-paying lands instead of in the intermediate register.
Explanation. - An order issued under this section may merely direct the entry of matters in some register other than that prescribed for the purpose by other sections of the Act. It may not prohibit the record of matters which are required by the Act to be recorded.
### 19B. [ Act to be read subject to orders so issued. - All provisions of this Act (other than section 19A) as to the maintenance of registers, as to the entry of matters in any particular register or in any particular Part of any register, and as to other matters relating in registers, shall be read subject to any orders issued by the Board under section 19A and for the time being in force.]
[Section 19B inserted for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
Part III – Or The Preparation And Maintenance Of The Registers
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### 20. Old registers to be in force till new registers prepared.
- Until the registers by this Act directed to be prepared are so prepared the existing registers now kept up in the office of every Collector shall be deemed to be the registers kept up under this Act, that is to say,
the existing general register of revenue-paying estates shall be deemed to be the general register of revenue-paying lands;
the existing pargana register (Part II) of revenue-free lands shall be deemed to be the general register of revenue-free lands and the mauzawar register in respect of revenue-free lands;
the existing pargana register (Part I) of revenue-paying lands shall be deemed to be the mauzawar register in respect of revenue-paying lands;
the existing register of intermediate mutations shall be deemed to be the intermediate register of changes affecting entries in the general and mauzawar registers;
and all the provisions of this Act shall, as far as possible, be deemed to be applicable to such registers and to the registration therein of the names and interests of proprietors, managers and mortgagees.
### 21. How registers to be prepared.
- The first general registers and the first mauzawar register under this Act shall be prepared for each district at such time as the Board may direct from the entries in the existing registers mentioned in the last preceding section, and from any other authentic information available to the Collector.
### 22. Board may order new registers to be prepared.
- The Board may order new registers to be prepared whenever it may think fit, and such registers shall be prepared from the registers existing at the time of such order, and from the entries of subsequent changes in the intermediate registers, and from any other authentic information available to the Collector; and such additions to, omissions from, and alterations in, the entries as they appeared in the previous registers shall be made as subsequent changes have rendered necessary, and the authority for every changes shall be expressly referred to.
### 23. Entry of estate on Part of general register.
- Whenever, after the preparation of the general registers, it may be necessary to bring any estate or revenue-free property on to any Part of such registers on which such estate or property is not already borne, such estate or property shall be at once brought on to such Part under a new number in continuation of the last number already borne on such Part;
[\* \* \* \* \* \*]
[Words and figure 'and a note referring to such entry shall be made In the place in the general register in which such estate or property would have appeared according to the alphabetical arrangement mentioned in section 5' omitted in Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
### 24. Entry of mauza under local division of mauzawar register.
- Whenever, after the preparation of the mauzawar register, it shall be necessary to enter any mauza under any local division of such register under which it is not already borne, such mauza shall be at once brought under the proper local division with a new number in continuation of the number borne by the last entry under such local division; and a note referring to such entry shall be made in the place in the mauzawar register in which such estate or property would have appeared according to [the arrangement directed under section 15]
[Words and figures substituted for the words and figures 'the alphabetical arrangement mentioned in section 15' for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
.
### 25. Order of entries under two preceding sections.
- Repealed in Western Bengal, by Bengal Act 2 of 1906, and, in Eastern Bengal, by E.B & A. Act 1 of 1907.
### 26. Note to be made on general register.
- After the general register of revenue-paying lands shall have been prepared, a note shall from time to time be made on such register against the estate affected-
of every alteration which may be ordered by competent authority in the amount of revenue assessed on any estate;
of every partition of an estate into two or more estates;
of every change involving the removal of an estate from the part of the register on which it is borne;
of the redemption of every mortgage in respect of which the name of the mortgagee shall have been entered on the register;
and in every such note reference shall be made to the authority under which the change was made.
In preparing the register space shall be left for the future entry of such notes against each estate.
Any other changes affecting the entries as they stand in the register may be recorded in Part I of the intermediate register, as provided in section 18, and a reference shall be made in the general register against the estate affected to every entry which may be made in the intermediate registers recording any such change.
### 27. Note on general register of revenue-free lands.
- After the general register of revenue-free lands shall have been prepared, a note shall from time to time be made on such register against the property affected-
of every case in which lands entered as revenue-free may be declared liable to assessment, and assessed by competent authority;
of every partition of a revenue-free property into two or more properties;
of every change involving the removal of a revenue-free property from the part of the register on which it is borne;
and in every such note reference shall be made to the authority under which the change was made.
In preparing the register space shall be left for the future entry of such notes against each estate.
Any other changes affecting the entries as they stand on the register may be recorded in Part II of the intermediate register as provided in section 19.
### 28. Collector, after inquiry, may make change in register.
- Whenever it shall come to the notice of the Collector that any change has occurred which affects any entry in his registers, and renders necessary any alteration therein, the Collector, after making such inquiry as may be necessary, shall make such alteration :
[Provided that, except when changes are made in the general register of revenue-paying lands or in the mauzawar register in order to bring the entries in these registers into accordance with a record-of-rights finally published under the provisions of the Bengal Tenancy Act, 1885, notice shall be given to the recorded proprietors and managers of any estate or revenue-free property before any change is made in any way affecting such estate or property, and to every person whose name the Collector is about to register as proprietor or manager of any estate or revenue-free property, before such registration is effected; and any objections which may be made to the proposed change or registration shall be duly considered by the Collector before he orders such change or registration to be made.] [[Proviso substituted by Bengal Act 3 of 1936, which was earlier as under:-
'Provided that notice shall be given to the recorded proprietors and managers of any estate or revenue-free property before any change is made in any way affecting such estate or property, and to every person whose name the Collector is about to register as proprietor or manager of any estate or revenue-free property, before such registration is effected; and any objections which may be made to the proposed change or registration shall be duly considered by the Collector before he orders such change or registration to be made.'.]]
[The notice required under this section shall be served in the manner prescribed by section 50.]
[Words inserted for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
### 29. When Collector may order name of proprietor to be struck out of register.
- Whenever it shall appear to the Collector, in the course of an inquiry made in respect of an application under section 38 or section 42 or otherwise that any person whose name is recorded in the general register as proprietor or manager or joint-proprietor or joint-manager, of an estate or revenue-free property, is no longer in possession of any interest in such estate or property as proprietor or manager, and that the names of other persons have been recorded as proprietors or managers of every portion of the interest in respect of which such proprietor's or manager's name was borne on the register,
the Collector may order the name of such person to be struck out from among the recorded proprietors or managers of such estate or property and, if required, may grant him a certificate to that effect.
### 30. Information to be supplied to Collector.
- To enable the Collector more effectually to maintain his registers,-
(a) whenever any competent authority may direct that any estate be transferred from the revenue-roll of one district to that of another, the Collector of the district from the revenue-roll of which the estate is to be transferred shall transmit to the Collector of the district to the revenue-roll of which the transfer is to be made a copy of all entries in any of the registers relating to the estate to be so transferred, and entries taken from such copy shall be made in the proper registers of the district to which the transfer is made;
(b) whenever the Collector of any district shall make an entry, or any alteration of any entry, in his registers, which will affect any entry required to be made under this Act in any register of another district, such Collector shall transmit to the Collector of such other district copy of such entry as made or as altered, and the Collector to whom such copy is transmitted shall cause the necessary entries, or alteration of entries, to be made in the registers of his district;
[\* \* \* \* \*]
[Clause (c) omitted In Eastern Bengal by E. B. & A. Act 1 of 1907.]
(c) every proprietor and manager of an estate or revenue-free property, and any person holding any interest in land, or employed in the management of land, shall be bound, on the requisition of the Collector,
to furnish any information required by the Collector for the [entry of matters directed to be entered in any register prescribed by this Act or by any rule or order thereunder]
[Words substituted for the words and figures 'purpose of preparing, making or correcting any entry of the particulars specified in sections 7, 8, 10, 11, 12 or 15'. for Eastern Bengal, by E.B. & A. Act 1 of 1907.]
, or
to show to the satisfaction of the Collector that it is not in his power to furnish the required information.
Such requisition shall be made by a notice to be served in the manner prescribed by section 50, requiring the production of such information before a date mentioned in such notice.
(d) [ whenever any minor, disqualified proprietor or other beneficiary, whose name has been recorded in any register along with that of a guardian or manager, lawfully assumes direct charge of his estate, he shall within six months give notice to the Collector and apply for correction of the register by removal therefrom of the name of such guardian or manager.]
[Clause (d) inserted for Eastern Bengal by E.B. & A. Act 1 of 1907.]
### 31. Penalties for not giving notice or furnishing information.
- Whoever, being bound [\* \* \* \*]
[Words, letter and brackets 'by clause (c) of the last preceding section to give notice to the Collector of the establishment of any new village, or' omitted by Bengal Act 1 of 1914.]
under clause (d) of [section 30]
[Word and figures substituted for the words 'the said section' by Bengal Act 1 of 1914.]
to furnish any information required by the Collector, [or under clause (e) of the said section to give notice of his having assumed direct charge of an estate]
[Words, letter and brackets inserted, for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
, shall voluntarily or negligently omit to give such notice or furnish such information, or to show to the satisfaction of the Collector that it is not in his power to furnish information,
shall be liable to such fine as the Collector may think fit to impose, not exceeding one hundred rupees, for such omission;
and the Collector may impose such further daily fine as he may think proper, not exceeding fifty rupees, for each day during which such person shall omit to furnish the information required under clause (d) after a date to be fixed by the Collector in a notice warning the person required to furnish such information that such further daily fine will be imposed.
Such notice shall be served in the manner prescribed by section 50, and the date fixed by such notice shall not be less than 15 days after service thereof.
The Collector may proceed from time to time to levy any amount which has become due in respect of any fine imposed under this section, notwithstanding that an appeal against the order imposing such fine may be pending :
Provided that, whenever the amount levied under any such order shall have exceeded five hundred rupees, the Collector shall report the case specially to the Commissioner of the Division, and no further levy in respect of such fine shall be made otherwise than by authority of the said Commissioner.
### 32. When register may be altered on order of Civil Court.
- Whenever any Civil Court makes a decree confirming any transfer of proprietary possession which has already been made in any estate or revenue-free property, or gives effect to any decree transferring any such possession, such Court may order the transfer to be registered in the registers of the Collector and the Collector shall register such transfer accordingly.
### 33. Lands held without payment of rent deemed to be part of certain estates.
- All lands which are held without payment of rent, not being a revenue-free property entered in the general register of revenue-free lands, as prescribed by sections 10, 11 or 12 and not being a part of any such property, shall, for the purposes of this Act, be deemed to be a part of the estate within the local boundaries of which they are included; and, if they are not included within the local boundaries of any one estate, then to be a part of such neighbouring estate as the Collector shall, by an order under his seal and signature, declare.
### 34. Collector may include any lands in an estate.
- Whenever it shall appear to the Collector that any lands which are not included in any estate as entered in the existing general register should be included in any such estate for the purposes of this Act, the Collector shall cause a notice, addressed to the person who is believed to be in possession of such lands, to be served in the manner prescribed by section 50, and a general notice to be published as prescribed by section 49, to the effect that such lands will be so included if no objection be made within one month of the service of the said notice, or such longer period as the Collector may think fit to allow.
After the expiration of the said month or other period, the Collector shall proceed to inquire into any objections which may have been made, and to pass such order as he may think fit in respect to the inclusion of the said lands in the said estate for the purposes of this Act.
### 35. Collector may register lands as a revenue-free estate and call on proprietor to apply for registration.
- Whenever it shall appear to the Collector that any land which is not entered on the general register as a separate revenue-free property should be entered on the register as such property, he may cause a notice to be served in the manner prescribed by section 50, calling on the person in possession of such land as proprietor or manager to show cause why such land should not be so registered as a revenue-fee property;
and if, after hearing any objections (which may be preferred within a month of the service of the said notice, or such longer period as the Collector may think fit to allow), and after making such further inquiry as may be necessary, the Collector shall be of opinion that the land should be so registered, he shall enter such land on the general register as a revenue-free property;
and by a notice served as prescribed in section 50, as well as by general notice published as prescribed in section 49, shall require every proprietor and manager of such revenue-free property to apply for registration of his name and of the character and extent of his interest as such proprietor or manager;
and thereupon every such proprietor and manager shall be deemed, for the purposes of section 68, to be a person who is required by this Act to apply for the registration of his name; and all -the provisions of Part IV of this Act, so far as may be practicable, shall apply to every such person:
Provided that no such proprietor or manager shall be liable to any fine under section 65 until after the expiration of three months from the date on which the last-mentioned notice shall have been served:
Provided, also, that no land shall be entered as a revenue-free property in Part I of the general register of revenue-free lands until the circumstances of the case shall have been reported to the Board, and until the Board shall have sanctioned such entry.
### 36. Board to decide what lands to be included in each revenue-free property.
- The Board may decide what revenue-free lands shall be included in each revenue-free property to be registered as such under this Act, and may from time to time direct that lands which are borne on the register as forming one revenue-free property shall be divided and entered on the register as forming two or more such properties; and may similarly direct that revenue-free lands which are borne on the register as forming two or more revenue-free properties shall be united and entered as forming one revenue-free property.
The Board may also direct that any lands which are improperly borne upon the general register of revenue-free lands shall be removed from such register, or shall be omitted from any new register of such lands which may be prepared.
### 37. Collector may serve notice for inclusion of lands in revenue-free property.
- Whenever it shall appear to the Collector that any land which is not included in any revenue-free property entered in the existing general register should be included in any such property for the purposes of this Act, the Collector may cause a notice to be served on the person believed to be in possession of such lands in the manner prescribed by section 50, and a general notice, to be published as prescribed by section 49, to the effect that such lands will be so included if no objection be made within one month of the service of the said notice, or such longer period as the Collector may allow.
At the expiration of the said month or of such period, the Collector shall proceed to inquire into any objections which may have been made, and to pass such order as he may think fit in respect to the inclusion of the said lands in the said property for the purposes of this Act.
Part IV – Of The Registration And Mutation Of Names
-----------------------------------------------------
### 38. [ Proprietor and manager to register within specified time. - Every proprietor of an estate or revenue-free property or of any interest therein, respectively, being in possession of such estate, property, or interest at the commencement of this Act,]
[Sections 38 to 41 are obsolete.]
every joint proprietor of an estate or revenue-free property being in charge of such estate or property or of any interest therein, respectively, on behalf of the other proprietors thereof, at the commencement of this Act.
and every person being manager of an estate or revenue-free property, or of any interest therein, respectively, on behalf of a proprietor thereof, at the commencement of this Act,
shall, if his name and the character and extent of his interest have not already been registered, make application, in the manner hereinafter provided, for the registration of his name and of the character and extent of his interest as such proprietor or manager to the Collector of the district on the general register of which such estate or property is borne, or to any other officer who may have been empowered by the Collector to receive such application within such time as the [State Government]
[Words substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937.]
may fix as hereinafter provided.
### 39. [ State Government may fix date before which proprietor and manager must apply for registration]
[Sections 38 to 41 are obsolete.]
. - The [State Government]
[Words substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937.]
shall, within six months from the commencement of this Act, fix for each district the date or dates before which such proprietors and managers, being in possession of estates or revenue-free properties, or of any interest therein, respectively, at the commencement of this Act, shall be required to apply for registration of their names and of the character and extent of their interests, under the last preceding section; and may at any time alter any date so fixed, provided that no date so fixed shall be later than five years after the said commencement.
### 40. [ State Government may fix different dates in respect of different estates]
[Sections 38 to 41 are obsolete.]
. - The [State Government]
[Words substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937.]
may in any district, for the purposes of the last preceding section, fix different dates in respect of estates and revenue-free properties, or in respect of different classes of estates and revenue-free properties, or in respect of different portions of the district:
Provided that no person shall incur any penalty or disability under this Act for failure to apply for registration of his name as such proprietor or manager as aforesaid until after the lapse of six months from the date on which the notice prescribed by the next succeeding section shall have been published in respect of his estate or property, or in respect of the class of estates or revenue-free properties within which his estate or property falls, or in respect of the portion of the district in which his estate or revenue-free property is situated.
### 41. [ Publication of date fixed by State Government]
[Sections 38 to 41 are obsolete.]
. - Every date fixed by the [State Government]
[Words substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937.]
as provided in the two last preceding sections shall be published by a notice in the [Official Gazette]
[Words substituted for the words 'Calcutta Gazette' by the Government of India (Adaptation of Indian Laws) Order, 1937.]
;
and also by notices to be posted up
at the Court or office of the Judge, the Magistrate and the Collector of the district, in respect of which such date is fixed;
at the Court or office of every Munsif, Sub-divisional Officer and Sub-Registrar of Assurances in such district;
and at every police-station in such district;
and by proclamation to be made by beat of drum at the headquarters of such district, and in every place in which a Sub-divisional office is situated, and in such other places as the [State Government]
[Words substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937.]
may direct.
The officer in charge of every Court, office and police-station at which a notice is required to be posted up under this section shall certify to the Collector the date on which the notice was so posted up at his Court, office or police-station; and the latest date so certified shall be deemed to be the date of publication of the notice for the purposes of the two last preceding sections.
### 42. Person succeeding to proprietary right in, or management of, estates to give information within six months.
- Every person succeeding, after the commencement of this Act to any proprietary right in any estate or revenue-free property, whether by purchase, inheritance, gift or otherwise;
every joint proprietor of an estate or revenue-free property assuming charge after such commencement of such estate or property, or of any interest therein respectively, on behalf of the other proprietors thereof;
and every person assuming charge after such commencement of any estate or revenue-free property, or of any interest therein respectively as manager,
shall, within six months from the date of such succession or assumption of charge, make application in the manner hereinafter provided to the Collector of the district on the general register of which such estate or property is borne, or to any other officer who may have been empowered by such Collector to receive such application, for registration of his name, and of the character and extent of his interest as such proprietor or manager.
### 43. State Government may exempt proprietors from obligations imposed by Act.
- Notwithstanding anything contained in section 38 or the last preceding section, the [State Government]
[Words substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937.]
may in any district exempt proprietors and managers of all or any estates which are liable to pay less than twenty rupees of land revenue annually, and proprietors and managers of all or any revenue-free properties which consist of less than fifty acres of land from the obligations imposed by this Act in respect of applying for registration of their names, and may at any future time withdraw such exemption and require such proprietors and managers to register their names.
### 44. Mortgagee may apply for registration.
- Every person who holds a mortgage of any proprietary right in any estate may apply to the Collector for registration of his name as such mortgagee, and of the interest in respect of which he is such mortgagee, and in such application shall specify whether he or the mortgagor is in possession. On receipt of such application the Collector shall proceed, as far as possible, according to the manner hereinafter prescribed in respect of applications for registration as proprietor.
### 45. Presentation of application.
- Any application for registration under this Act may be presented by the applicant or by some person duly authorised by him in that behalf.
### 46. Manager to specify extent of interest of each person for whom he manages.
- If the applicant under section 38 or section 42 is a joint proprietor in charge as aforesaid, or a manager, he shall in his application specify the name of the person or persons on behalf of whom he is in such charge, or on behalf of whom he is manager, and the character and extent of the interest of every such person.
### 47. Collector when to register applicant for registration as manager appointed by authority.
- If the application under section 38 or section 42 be for registration of the name of the applicant as manager appointed by the Collector, the Court of Wards, or by any Civil or Criminal Court, the Collector shall register the name of the applicant on proof being produced to his satisfaction that the applicant has been so appointed to be such manager.
### 48. Notice to objectors.
- If the application be for registration otherwise than an manager appointed as mentioned in the last preceding section, and if it sets forth circumstances which would justify the Collector in registering the name of the person whose name is required to be registered, or if after further inquiry the Collector considers that such circumstances exist, he shall issue a notice requiring all persons who object to the registration of the name of the person whose name is required to be registered, or who dispute the character or extent of the interest in respect of which it is required to be registered, to give in a written statement of their objections, and to appear on a day to be specified in such notice, not being less than one month from the date of the publication thereof.
### 49. Publication of notice.
- Such notice shall be published by affixing a copy of the same on or at all the following places:-
(a) the zamindari cutcherry (if any) of the estate or other place at which the rents are ordinarily received;
(b) some conspicuous place in at least one village appertaining to the estate to which, the application relates, and if the estate comprises lands situated in more than one local division, then in at least one village in each local division containing such lands;
(c) the office or Court of every Collector, Sub-divisional Officer, Judge and Munsif within whose jurisdiction, and every police-station within the jurisdiction of which any of the lands to which the application relates are known to be situated.
### 50. Notice to transferor.
- If the application alleges that the applicant has acquired possession of the interest in respect of which he applies to be registered by transfer from any living person, a copy of such notice shall be served on the alleged transferor by tendering to the person to whom it may be directed a copy thereof attested by the Collector, or by delivering such copy at the usual place of abode of such person, or to some adult male member of his family; or, in case it cannot be so served, by posting such copy upon some conspicuous part of the usual or last known place of abode of such person.
In case such notice cannot be served in any of the ways hereinbefore mentioned, it shall be served in such way as the Collector issuing such notice may direct.
No fees or other costs shall be payable by the applicant in respect of the service or publication of the notice prescribed by this and the last preceding section.
### 51. Effect of irregularity in publication of service of notice.
- No irregularity or omission in the publication or service of notice as required by the three last preceding sections shall affect the validity of any proceedings under this Act, unless it is proved to the satisfaction of the Collector that some material injury was caused by such irregularity or omission.
### 52. Inquiry by Collector.
- On the day fixed in the notice issued under section 48, or as soon thereafter as possible, the Collector shall consider any objections which may be advanced, and make such further inquiry as appears necessary to ascertain the truth of the alleged possession of, succession to, or transfer of, the estate, revenue-free property, or interest therein, in respect of which registration is applied for;
and if it appears to the Collector that the possession exists,
or that the succession or transfer has taken place, and that the applicant has acquired possession in accordance with such succession or transfer, but not otherwise,
the Collector shall order the name of the applicant to be registered in the proper registers as proprietor or manager of the said estate, revenue-free property or interest therein:
Provided that any person to whom any proprietary right in an estate has been mortgaged may be registered as mortgagee, whether he be in actual possession or otherwise.
### 53. Power to summon witnesses and compel production of documents.
- For the purpose of the inquiry mentioned in the last preceding section, and of every inquiry held under this Act,[and subject to the provisions of [sections 132 and 133 of the Code of Civil Procedure, 1908,)]
[Words and figures inserted for Eastern Bengal by E.B. & A. Act 1 of 1907.]
the Collector may summon and enforce the attendance of witnesses [and any applicant or his agent]
[Words inserted for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
and compel them to give evidence, and compel the production of documents, by the same means, and, as far as possible, in the same manner, as is provided [in respect of witnesses]
[Words substituted for the words 'in the case of a Civil Court.' for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
by the Code of Civil Procedure, [1908]
[Figures inserted by Bengal Act 1 of 1939.]
.
### 53A. [ Record of evidence in inquiries]
[Section 53A inserted for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
. - The evidence of every person examined by the Collector in any inquiry from which an appeal lies under this Act shall be recorded in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure, [1908]
[Figures inserted by Bengal Act 1 of 1939.]
.
### 54. Payment of costs.
- All costs of any inquiry or proceeding held before the Collector under this Act shall, except as provided in section 50, be payable by the parties concerned; and the Collector may pass such orders as he shall think fit in respect of the payment of such costs.
### 55. Dispute as to possession, succession or acquisition by transfer.
- [If the applicant's possession of, succession to, or acquisition by transfer of, the extent of interest in respect of which he has applied to be registered is disputed by, or on behalf of, any person making a conflicting claim in respect thereof, and if it is not proved to the satisfaction of the Collector that any person is in possession of the interest in dispute, the Collector shall determine summarily the right to possession of the same, and shall deliver possession accordingly, and shall make the necessary entry in the registers;] [[This clause substituted by Bengal Act 5 of 1878, which was originally as under:-
'If the applicant's possession of succession to, or acquisition by transfer of the extent of interest in respect of which he has applied to be registered, is disputed by or on behalf of any person making a conflicting claim in respect thereof, and if the possession of the applicant in accordance with his application is not proved to the satisfaction of the Collector, the Collector shall determine summarily the right to possession in respect of the interest in dispute, and shall deliver possession accordingly, and shall make the necessary entry in the registers;'.]]
or if, in the opinion of the Collector, the dispute be one which can more properly be determined by a Civil Court, the Collector shall refer the matter in dispute to the principal Civil Court of the district for determination as hereinafter provided:
Provided that if the applicant's possession of any extent of interest in accordance with his application be not disputed, or if such possession be proved to the satisfaction of the Collector, the Collector may register the said applicant's name in respect of such extent of interest, and may at the same time make a reference, as hereinafter provided, to the Civil Court for determination of any dispute as to any further extent of interest in respect of which the applicant has applied to be registered, but in respect of which the right of the applicant to be registered is disputed, and is not proved to the satisfaction of the Collector.
### 56. In cases of disputed possession, etc., Collector may appoint receiver.
- In any case of disputed possession of, succession to, or acquisition by transfer of, the extent of any interest in respect of which application is made under the last preceding section, the Collector may appoint a receiver to collect the rents of the extent of interest in dispute, and from the sums so collected shall be paid the expenses of management and the revenue due to the Government; and the surplus shall be held in deposit in the Collector's treasury, and shall be paid over to the person who shall be registered by the Collector, or, under the order of a Civil Court, in respect of the extent of interest in dispute.
### 57. Effect of Collector's Order.
- Every order of a Collector passed under the first clause of section 55 shall be of the same force and effect as an order by the Judge under [section 194 of the Indian Succession Act, 1925,]
[Words and figures substituted for the words, figures and brackets 'section 4 of Act XIX of 1841 (an Act for the protection of movable and immovable property against wrongful possession in cases of succession).' by Bengal Act 1 of 1939.]
determining summarily the right to possession and delivering possession accordingly;
and no proceedings shall be taken by any Civil Court under the said Act in respect of any claim or dispute which has been determined by an order of the Collector as aforesaid.
### 58. Procedure on reference under section 55.
- In making a reference to the Civil Court under section 55, the Collector shall state, for the information of the said Court, in writing under his hand,-
(1) the name of the estate or revenue-free property to which the reference applies, together with the numbers which it bears on the general register and (if an estate) on the revenue-roll of the district;
(2) the names of all persons who now stand registered on the general register as proprietors, managers or mortgagees of such estate or property, with the character and extent of the interest in respect of which each stands registered;
(3) the name of the applicant for registry;
(4) the character and extent of the interest in dispute;
(5) the circumstances of the case, as far as they are before the Collector, and the reasons which have led him to make the reference.
### 59. Procedure on receipt of reference.
- On receipt of such reference the said principal Civil Court of the district may either proceed to determine the matter or may transfer the matter for determination to any other competent Civil Court in the district.
The said principal Civil Court, or the Court to which the matter is transferred, shall cite the parties concerned, and give notice of the time at which the matter will be heard; and, after expiration of the time so fixed, shall determine summarily the right to possession in respect of the interest in dispute (subject to regular suit), and shall deliver possession accordingly.
### 60. Judge may appoint curator.
- If it shall appear to the Judge of the Court by which the matter is heard that danger is to be apprehended of the misappropriation or waste of the property before the summary suit can be determined, such Judge may appoint curators for the care of the property, and may exercise all or any of the powers mentioned in [sections 195, 196 and sections 198 to 204 of the Indian Succession Act, 1925]
[Words and figures substituted for the words, figures and brackets 'sections 5 to 13 (both inclusive) of Act XIX of 1841' by Bengal Act 1 of 1939.]
.
### 61. Costs.
- The said Court may make such order as it shall think fit with regard to the payment by the parties of the cost of the inquiry, and proceedings:
Provided that no costs shall be recoverable from the parties on account of the issue of notices citing the parties and fixing a date for the first hearing of the case.
### 62. Effect of summary decision of Court.
- The summary decision of the Court under section 59 shall have no other effect than that of settling the actual possession; but for this purpose it shall be final, not subject to any appeal or order for review.
### 63. Court to certify its determination to Collector.
- The Court shall certify to the Collector its determination as to the right of possession, and the Collector shall thereupon make the necessary entries in the proper registers.
### 64. Collector to levy fees on transfers.
- Fees at the following rates shall be levied by the Collector on the registry under this Act of any transfer-
(1) in the case of revenue-paying lands, one quarter or four annas per centum on the annual revenue payable to Government from the extent of interest transferred;
(2) in the case of revenue-free lands, two-and-a-half per centum on the amount of the annual produce of the extent of interest transferred, such annual produce being the amount of the rents received and receivable on account of the year preceding the year in which the transfer may be registered;
(3) in the case of a fee-simple waste-land lot which is revenue-free, and for which no rents are received or receivable, two-and-a-half per centum on one-fifteenth part of the value, such value being taken to be-
[(a) in the case of a transfer by sale, the purchase-money, and
(b) in any other case, the value determined by the Collector:
Provided that no fee for the registry of any one transfer shall exceed one hundred rupees :]
[Clause (3) inserted for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
[Provided also that the]
[Proviso inserted for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
[Commissioner of the Division]
[Words substituted for the word 'Board' by Bengal Act 5 of 1915.]
may, by general or special order, remit the payment of fees payable for any transfer.
Such fees shall be levied from the person in whose favour the transfer is registered.
All fees levied under this section shall be carried to the account [of the State Government]
[Words 'of the Provincial Government' first substituted for the words 'of Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.]
.
### 65. Penalty for omitting to comply with Act.
- Whoever, being required by this Act to apply for the registration of his name and the extent of his interest in any estate or revenue-free property voluntarily or negligently omits to make such application within the prescribed time, shall be liable to such fine as the Collector may think fit to impose, not exceeding one hundred rupees for such omission, and to such further daily fine as the Collector may think fit to impose, not exceeding fifty rupees, for each day during which such person shall omit to apply for such registration after a date to be fixed by the Collector in a notice requiring such person to apply for registration.
Such notice shall be served in the manner prescribed in section 50, and the date before which such person is required to apply for registration shall not be less than one month after service of such notice.
### 66. Fine may be levied notwithstanding appeal.
- The Collector may proceed from time to time to levy any amount which has become due in respect of any such fine, notwithstanding that an appeal against the order imposing such fine may be pending:
Provided that whenever the amount levied under any such order shall have exceeded five hundred rupees, the Collector shall report the case specially to the Commissioner of the Division, and no further levy in respect of such fine shall be made otherwise than by authority of the said Commissioner.
### 67. No penalty on person who applies suo motu.
- Notwithstanding anything contained in section 65, no fine shall be imposed by the Collector under the said section on any person on the ground that such person has failed to make application for registration of his name within the time fixed by the [State Government]
[Words substituted for the word 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937.]
under section 39 or 40,
or on the ground that such person has failed to apply for registration of his name within the time prescribed by section 42,
if such person shall, at any time after the expiration of the time fixed or prescribed as aforesaid, of his own motion, and otherwise than after the issue of a requisition by the Collector in that behalf, present such application as is required by this Act for the registration of his name and of the character and extent of his interest.
### 68. Liabilities of proprietors and managers.
- Save as is provided in [section 45 of the Code of Criminal Procedure, 1898,]
[Words and figures substituted for the words and figures 'section 90 of the Code of Criminal Procedure.' by Bengal Act 1 of 1939.]
all the recorded proprietors and managers of an estate or revenue-free property shall be deemed to be jointly and severally liable for the discharge of any duties and obligations which are, by any law for the time being in force, imposed upon the proprietors of such estate of property;
and all persons who are required by this Act to apply for registration shall, from the date on which the obligation so to register is imposed on them respectively by this Act, be deemed to be liable for the discharge of any duties and obligations which are by any such law as aforesaid imposed upon the proprietors of the estate or property in respect of which they are required to apply for registration, respectively.
Part V – Of The Opening Of Separate Accounts In Respect Of Shares
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### 69. Opening of separate account of share of applicant under the Bengal Land-revenue Sales Act, 1859.
- Notwithstanding anything contained in [the Bengal Land-revenue Sales Act, 1859,]
[Words and figures substituted for the words, figures and brackets 'Act XI of 1859 (an Act to improve the law relating to sales of land, etc.),' by Bengal Act 1 of 1939.]
from the commencement of this Act no separate account shall be opened under the provisions of section 10 or of section 11 of the said Act in respect of the share of any applicant under the said sections otherwise than for a share corresponding with the character and extent of interest in the estate in respect of which such applicant is recorded as proprietor or manager under this Act.
### 70. Proprietor holding undivided interest in specific lands may apply for separate account.
- When a proprietor of a joint estate, who is recorded as proprietor of an undivided interest held in common tenancy in any specific portion of the land of the estate, but not extending over the whole estate, desires to pay separately the share of the Government revenue which is due in respect of such interest, he may submit to the Collector a written application to that effect.
The application must contain a specification of the land in which he holds such undivided interest, and of the boundaries and extent thereof, together with a statement of the amount of Government revenue heretofore paid on account of such undivided interest.
On the receipt of this application the Collector shall cause it to be published in the manner prescribed for publication of notice in section 10 of [the Bengal Land-revenue Sales Act, 1859]
[Words and figures substituted for words and figures 'Act XI of 1859' by Bengal Act 16 of 1946.]
.
In the event of no objection being urged by any recorded co-sharer within six weeks from the time of publication, the Collector shall open a separate account with the applicant, and shall credit separately to his share all payments made by him on account of it.
The date on which the Collector records his sanction to the opening of a separate account shall be held to be that from which the separate liabilities of the share of the applicant commence.
[Notwithstanding anything hereinbefore contained, no application under this section or under section 10 or section 11 of the Bengal Land-revenue Sales Act, 1859, shall be received unless it is accompanied by a fee of two rupees.]
[The paragraph inserted, for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
[and no separate account shall be opened on such application until an additional fee at the rate mentioned below is paid by the applicant, namely:-]
[Words inserted by Bengal Act 2 of 1921.]
| | |
| --- | --- |
|
for a separate account for whichthe land-revenue
payabledoes not exceed ten rupees .......
|
four rupees,
|
|
for a separate account for which theland-revenue payable
exceedsten rupees but does not exceedfifty rupees .....
|
ten rupees,
|
|
for a separate account for which the land-revenue payable
exceeds fiftyrupees but does not exceed onehundred rupees
...
|
fifteen rupees,
|
|
for a separate account for which the land-revenue payable
exceeds onehundred rupees ...
|
twenty rupees.
|
### 71. Sections 12, 13 and 14 of Act 11 of 1859 applied.
- Section 12 of [the Bengal Land-revenue Sales Act, 1859]
[Words and figures substituted for the words and figures 'the said Act of 1859,' by Bengal Act 16 of 1946.]
, shall apply to every application made under the last preceding section; and the effect and consequences of opening a separate account under the last preceding section shall be such and the same as are described in section 13 and in section 14 of [the Bengal Land-revenue Sales Act, 1859.]
[Words and figures substituted for the words and figures 'the said Act of 1859,' by Bengal Act 16 of 1946.]
.
### 72. Application to close separate account.
- Whenever any share in respect of which a separate account has been opened by the Collector under section 10 or section 11 of [the Bengal Land-revenue Sales Act, 1859,]
[Words and figures substituted for the words and figures 'the said Act XI of 1859,' by Bengal Act 16 of 1946.]
or under section 70, shall no longer correspond with the character and extent of interest held in the estate by any one proprietor or manager, or jointly by two or more proprietors or managers,
any proprietor or manager whose name is borne on the general register under this Act as proprietor or manager of any interest in the share in respect of which such separate account is open, may submit to the Collector a written application,
setting out the circumstances under which such share no longer corresponds with the extent of interest held in the estate by any recorded proprietor or manager, or jointly by two or more recorded proprietors or managers,
and specifying the manner in which such share has become broken up and distributed among the proprietors of the estate,
and praying that the separate account standing open in respect of such share shall be closed,
and, if he so desire, praying that another separate account be opened in respect of any other share or shares which were wholly or partly included in the share in respect of which the previous separate account was open.
Illustration
In a certain estate separate accounts have been opened under section 10 of [the Bengal Land-revenue Sales Act, 1859]
[Words and figures substituted for the words and figures 'Act XI of 1859,' by Bengal Act 16 of 1946.]
for the 4 annas share of A, and also for the 5 annas share of B, the accounts of the remaining 7 annas shares being kept jointly in the names of the remaining proprietors C, D, and E.
In course of time X has inherited A's 4 annas share, and also C's interest in the 7 annas share which amounted to 3 annas: X has also acquired by purchase 2 annas out of B's 5 annas share so that the interests in the estate are now distributed as follows:-
| | | | | |
| --- | --- | --- | --- | --- |
|
X
|
...
|
...
|
...
|
9 annas
|
|
B
|
...
|
...
|
...
|
3 “
|
|
D & E
|
...
|
...
|
...
|
4 “
|
X, if a recorded proprietor of the estate, may apply to the Collector to close the separate account which is open in respect of A's 4 annas share and also the separate account which is open in respect of B's 5 annas share, but as neither of these shares corresponds with the extent of interest held by any one proprietor, or held jointly by two or more proprietors in the estate;
and in the same application X may apply for the opening of a separate account in respect of the 9 annas share which he now holds.
Any of the other proprietors might also make a similar application.
### 73. Separate account may be closed and another opened.
- On receipt of such application the Collector shall cause a copy of the same to be published in the manner provided in section 10 of [the Bengal Land-revenue Sales Act, 1859;]
[Words and figures substituted for the words and figures 'Act XI of 1859,' by Bengal Act 16 of 1946.]
and if within six weeks from the date of such publication no objection is made by any other recorded proprietor of the estate, the Collector shall close separate account which then stands open, and shall open a separate account with the applicant as required by him under section 10 or section 11 of [the Bengal Land-revenue Sales Act, 1859]
[Words and figures substituted for the words and figures 'Act XI of 1859,' by Bengal Act 16 of 1946.]
; or under section 70, as the case may be.
### 74. Procedure in case of objection.
- If any recorded proprietor of the estate, whether the same be held in common tenancy or otherwise, object that the share in respect of which any separate account is open as aforesaid has not been broken up, and does still correspond with the character and extent of interest held by any one proprietor or manager, or jointly by two or more proprietors or managers,
or object that the applicant has no right to the share claimed by him, or that his interest in the estate is less or other than that claimed by him,
or (when the application is in respect of a specific portion of the land of an estate, or in respect of an undivided interest held: in common tenancy in any specific portion of the land of the estate) object that the amount of Government revenue stated by the applicant to have been heretofore paid on account of such portion of land or on account of the applicant's undivided interest therein, is not the amount which has been recognized by the other sharers as the Government revenue thereof,
the Collector shall refer the parties to the Civil Court, and shall suspend proceedings until the question at issue is judicially determined.
### 74A. [ Power of Collector to close a separate account otherwise than upon application. - Notwithstanding anything contained in the foregoing sections, if the Collector becomes aware, otherwise than after receipt of an application under section 72, that any separate account opened under section 10 or section 11 of the Bengal Land-revenue Sales Act, 1859, or under section 70 or section 72 of this Act, in respect of any estate does not represent existing facts, he may, after service of a notice on the recorded proprietor in the manner prescribed by section 50, and after hearing any objection which may be preferred, close the account.]
[Section 74A inserted for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
Part VI – Miscellaneous
-------------------------
### 75. Collector to furnish extract from register.
- The Collector shall supply an extract from any register mentioned in this Act to any person who may apply for the same, subject to the payment of such fees for searching and copying as may be prescribed by the Board.
### 76. Collector to furnish translation of extract.
- If in any district any register prescribed by this Act has not been prepared and kept up in the vernacular language and character of the district, the Collector shall be bound, together with any English extract which may be furnished under the last preceding section to furnish a translation of the same in the vernacular language and written in the vernacular character of such district to any one who may demand such translation, and no further charge shall be made in respect of the furnishing of such translation than might have been charged in respect of the English extract furnished under the said section.
### 77. Changes in names of proprietors, etc., and extent of interest to be notified on estate.
- Whenever any change shall be made by order of competent authority in the names of the recorded proprietors or managers of any estate or revenue-free property, or in the character or extent of the interest of any such proprietor or manager as entered in any register mentioned in this Act, so soon as the order under which such change in the entry may have been made shall have been confirmed on appeal, or so soon as the period for presenting an appeal against such order shall have expired without the presentation of an appeal, the Collector shall cause a notice of such change to be posted up at his office, at the office of every Sub-divisional Officer within whose jurisdiction any lands of the estate or revenue-free property concerned are situated and at such places as he may think fit on the estate or property;
and every such notice shall set out the name of every proprietor and manager of the estate of revenue-free property [who is]
[Words inserted for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
concerned, and the character and extent of the interest of every such proprietor and manager as it stands recorded on the general register on the date of the issue of the notice.
### 78. No person bound to pay rent to claimant not registered.
- No person shall be bound to pay rent to any person claiming such rent as proprietor or manager of an estate or revenue-free property in respect of which he is required by this Act to cause his name to be registered, or as mortgagee, unless the name of such claimant shall have been registered under this Act;
[\* \* \* \* \*]
[The second paragraph omitted by Bengal Act 3 of 1936.]
### 79. Indemnity to persons paying rent to registered proprietor.
- The receipt of any proprietor, manager or mortgagee whose name and the extent of whose interest is registered under this Act shall afford full indemnity to any person paying rent to such proprietor, manager or mortgagee.
### 80. Payment of sums payable by Collector to proprietors jointly.
- Whenever any sum of money shall be payable by the Collector to the proprietors of any estate or revenue-free property jointly (otherwise than under the Land Acquisition Act, [1894]
[Figures substituted for the figures '1870' by Bengal Act 1 of 1939.]
), the Collector may pay to any one or more recorded proprietors or managers thereof respectively such portion of the said sum as may be proportionate to the extent of the interest in respect of which each such proprietor or manager is registered, and the receipt of each such proprietor or manager shall afford full indemnity to the Collector in respect of any sum so paid.
### 81. Saving of written contracts and recovery from person receiving money.
- Nothing contained in the three last preceding sections shall be held to interfere with the conditions of any written contract or to prevent any person deeming himself entitled to any sum of money from recovering such sum by due process of law from any other person who has received the same.
### 82. Every amount due deemed to be a demand.
- Every amount which may become due to the Collector under the provisions of this Act in respect of any expenses incurred, of any fees payable, of any notices served, of any costs payable by any party, or of any fines imposed, shall be deemed to be a demand [\* \* \*]
[Reference 'Bengal Act 7 of 1868' omitted by Bengal Act 7 of 1880.]
.
### 83. Collector may require proprietor to name estate.
- The Collector may by a notice require the proprietor or manager of any estate or revenue-free property to name such estate or property by a distinctive name, and in case of failure of such proprietor or manager to comply with the requisition within the time fixed by the Collector may name such estate or property.
[The notice required under this section shall be served in the manner prescribed in section 50.]
[Words inserted for Western Bengal by Bengal Act 2 of 1906 and for Eastern Bengal by E.B. & A. Act 1 of 1907.]
### 84. Collector may delegate duties.
- The Collector may, by a special or a general order, delegate to any Assistant Collector, Deputy Collector or Sub-Deputy Collector, the performance of any duty, and the exercise of any function, which the Collector is required or empowered to perform or exercise under this Act, except in respect of appeals,
and any Assistant, Deputy or Sub-Deputy Collector to whom any duty or function is so delegated may exercise all the powers of a Collector under this Act, except in respect of appeals.
### 85. Appeal.
- Every order passed under this Act by any revenue-officer below the rank of the Collector of the district (not being an officer specially vested with appellate powers as hereinafter mentioned) shall be appealable to the Collector of the district, or to any officer who may have been specially vested by [the State Government]
[Words 'the Provincial Government' first substituted for the words 'the Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.]
with special appellate powers in this behalf,
and there shall be no further appeal from any order so passed in appeal confirming the order appealed against,
but an appeal shall lie to the Commissioner of the Division against every order so passed in appeal which modifies or reverses the order appealed against.
Every order passed by the Collector of the district, or by any officer especially vested with appellate powers as aforesaid being passed otherwise than on appeal from the order of another officer, shall be appealable to the Commissioner of the Division.
Every appeal to the Collector shall be presented within fifteen days of the date of the order appealed against;
and every appeal to the Commissioner shall be presented to the Commissioner, or to the Collector for transmission to the Commissioner, within thirty days of the order appealed against;
and every appeal presented after the lapse of the time fixed by this section may be summarily rejected, unless sufficient cause shall be shown to the satisfaction of the appellate authority for admitting the appeal after the lapse of such time.
Every order passed by any officer subordinate to a Commissioner shall be subject at any time to revision and modification by such Commissioner;
and every order passed by any such officer or by such Commissioner shall be subject at any time to revision and modification by the Board.
### 86. Exclusion of time in case of appeals.
- In computing the period of limitation prescribed for an appeal, the day on which the order complained of was made, and the time requisite for obtaining a copy of the same shall be excluded.
### 87. State Government may vest officer with special appellate powers.
- The [State Government]
[Words substituted for the word 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937.]
may from time to time vest any officer other than the Collector of the district with special appellate powers under this Act; and every officer so vested shall be competent to hear and decide any appeal which the Collector of the district is competent to hear and decide under this Act.
### 88. Board may make certain rules.
- Within four months of the date, on which this Act comes into force the Board shall make general rules, consistent with this Act, to regulate-
the form in which registers under this Act are to be kept;
the procedure as to the presentation, admission and verification of applications for registration under Part IV, and as to inquiries under section 52,
and generally for the purposes of this Act.
The Board may from time to time cancel or alter any such rules.
### 89. Saving clause.
- Nothing contained in this Act, and nothing done in accordance with this Act, shall be deemed to-
(a) preclude any person from bringing a regular suit for possession of, or for a declaration or right to, any immoveable property to which he may deem himself entitled;
(b) render the entry of any land in the registers under this Act as revenue-free and admission on the part of [the Government]
[Words 'the Crown' first substituted for the words 'the Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.]
of the right of the person in whose name such land may be entered, or an admission of the validity of the title under which the said land is held revenue-free;
(c) affect the rights of [the Government]
[Words 'the Crown' first substituted for the words 'the Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.]
or of any person in respect of any immoveable property or of any interest, except as otherwise expressly provided herein.
Of Regulations Repealed.
--------------------------
Repealed by Act 1 of 1903.
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65b92392ab84c7eca86e867c | acts |
State of Uttar Pradesh - Act
------------------------------
The U.P. Factories Rules, 1950
--------------------------------
UTTAR PRADESH
India
The U.P. Factories Rules, 1950
================================
Rule THE-U-P-FACTORIES-RULES-1950 of 1950
-------------------------------------------
* Published on 28 November 1950
* Commenced on 28 November 1950
The U.P. Factories Rules, 1950
Published vide Notification No. 3030 (LL) /18-950(50)-48, dated 28.11.1950
Chapter I
Preliminary
--------------------------
### 1. Short title.
(a) These rules may be cited as the Uttar Pradesh Factories Rules, 1950.
(b) These rules shall extend to the whole of the Uttar Pradesh.
(c) These rules, except Rules 52, 59, 64, 65, 67, 68, 69, 70 and 109 shall come into force on April 1, 1951 and Rules 52, 59, 64, 65, 67, 68, 69, 70 and 109 shall come into force on such dates as are specified thereunder.
### 2. [ Definitions.
[Substituted by Notification No. 607(V) /XXXVI-3-78-2045(F)-74, dated 16-2-1978, published in U.P. Gazette, Extra, dated 16.2.1978, pp. 7-12.]
- In these rules unless there is anything repugnant in the subject or context:-
(a) 'Act' means the Factories Act, 1948.
(b) 'artificial humidification' means the introduction of moisture into the air of a room by any artificial means whatsoever except the unavoidable escape of steam or water vapour into the atmosphere directly due to a manufacturing process :
Provided that the 'introduction of air directly from outside through moistened mats or screens placed in opening at times when the temperature of thee room is 80 degrees or more, shall not be deemed to he artificial humidification.
(c) 'belt' includes any driving strap or rope.
(cc) 'Board' means the State Effluent Board constituted under sub-rule (2) of Rule 18 of these Rules.
(d) 'degree' (of temperature) means degrees on the Fahrenheit scale.
(e) 'Fume' includes gas or vapour.
(f) 'Health Officer' means the Municipal Medical Officer of Health, Nagar Swasthya Adhikari, Deputy Chief Medical Officer of Health, Additional Medical Officer of Health, Assistant Medical Officer of Health or such other Officer as may be appointed by the State Government in this behalf.
(g) 'hygrometer' means an accurate wet and dry-bulb hygrometer conforming to the prescribed condition as regards constructions and maintenance.
(h) 'inspector' means an officer appointed under Section 8 of the Act and includes "Chief Inspector" and "Deputy Chief Inspector".
(i) 'Manager' means a person nominated or appointed as such by the occupier of the factory under Section 7 for the purposes of the Act.
(j) 'maintained' means maintained in an efficient state, in efficient working order and in good repair.
(k) 'workroom' means any place occupied by workers engaged in any manufacturing process, with or without the aid of power.
(l) 'Qualified Nurse' means a person who possesses a qualification in nursing recognized under the Indian Nursing Council Act, 1947, and who is registered with the U. P. Nurses and Mid wives Council, or a similar registered body of any other State in India.]
Approval of Plans
[Sections 6(i) and 112]
### 3. [ Approval of plans, registration of factories and grant of licence.
[Substituted by Notification No. 90/XXXVI-3-2018-83(Sa) -17, dated 13.3.2018 (w.e.f 28.11.1950).]
(1) No site shall be used for the location of a factory and no building on such site or in a factory shall be constructed, extended or taken into use as a factory or part of a factory unless previous permission in writing is obtained from the State Government or the Chief Inspector. Online application for such permission shall be made to the Chief Inspector which shall be accompanied by the following documents -
(a) Form No. I duly filled in by the applicant;
(b) The process flow diagram of manufacturing process indicating safety devices, fittings and mountings on each plant and machinery, the various processed and their design conditions, supplemented by a brief description of the process and safety devices in its various stages and also indicating the names of raw materials, intermediates and products with their inventories. In case of chemical substances, their chemical names should also be mentioned.
(c) Plan in triplicate drawn to scale showing -
(i) the site of the factory and immediate surroundings including adjacent building, hospitals, educational institutions, petrol pumps, storages of inflammable and explosives materials and other structures, roads, water sources, drains etc., and location of any nearest residential area, village, town settlement with its distance from the site; and
(ii) the plan, elevation and necessary cross sections of the various buildings indicating all relevant details relating to all natural lighting, ventilation and means of escape in case of fire. The plans shall also clearly indicate the position of the plant and machines aisles and passage ways;
(d) replies, to the questionnaires annexed to the Form No. 1;
(e) letter of no objection for the location of the factory from Nagar Nigam, Nagar Panchayat, or notified Area, as the case may be;
(f) a letter of no objection from State Pollution Control Board;
(g) a letter of no objections from local Fire Office;
(h) licence/NOC issued under the Petroleum Rules, 1976 for storage of petroleum as defined in the Petroleum Rules, 1976;
(i) Form No. 2 duly filled in by the applicant;
(j) Form No. 4 duly filled in by the applicant;
(k) copy of treasury challan/e-challan/online payment of licence fee prescribed in Rule 7(1).
(2) No manufacturing process shall be started or carried on in any building, or part of a building until a certificate of stability of the building, or part of building in Form No. 2 signed by a person possessing the qualifications prescribed in sub-rule (4) has been delivered online to the Chief Inspector and accepted by him. No. extended portion of any factory shall be used as a part of the factory any time after the extension nor any plant or machinery shall be added in any factory, nor brought into use any time after such addition until a certificate in respect of such extension or plan has been delivered to the Chief Inspector and accepted by the Chief Inspector.
(3) The person signing the Form No. 2 shall possess the same qualifications and experience as prescribed in the Schedule to Rule 2-A for this purpose.
(4) No person except in the case of a building occupied by any Government shall be authorised to sign a certificate of stability, who is in the employment of the owner or builder of the building in respect of which the certificate is given.
(5) If the Chief Inspector is satisfied that the plans and application for licence are in consonance with the requirements of the Act, he shall, subject to such conditions as he may specify, approve the plans and grant the licence by digital signature on the plans and licence and send online the copy of digitally signatured plans and licence to the applicant and also inform the applicant on his e-mail address and registered mobile number or he may call for such other particulars as he may require so as to enable him to accord such approval.
(6) The plan of a factory shall be disposed within fifteen working days of having received online in the office of Chief Inspector except those factories in which the hazardous processes are carried out which come under the purview of Section 2(cb) of the Factories Act, 1948 or Rule 2(ja) of the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, whose plans shall be disposed of within thirty working days. The plans not rejected within the said time limit shall be deemed to have been approved and licence shall also be deemed to have been granted and considering such plans as approved and licence as granted, the site plans approval letter and the licence shall be issued by Chief Inspector immediately and Chief Inspector shall also inform the applicant on his e-mail address and his registered mobile number.
(7) The licence of the factories whose site plans are approved within the time limit given in sub-rule (6), shall be granted on the same day. The site plan shall be approved under digital signature and the licence shall be granted under digital signature by Chief Inspector who shall send online the copy of digitally signed plans and licence to the applicant on the same day and also inform the applicant on his e-mail address and his registered mobile number on the same day.
(8) The occupier of a place, to which the provisions of the Act are made applicable by a notification under Section 85 shall submit such application within thirty days of the date of such notification.]
### 4. (i) The internal height of a workroom shall be not less than [14 feet measured from the floor level to the lowest part of the roof, and if the roof is of corrugated iron, which is neither covered with tiles nor has an inner ceiling or lining of heat-resisting material with an air space of at least four inches between it and the corrugated iron, the internal height shall be not less than 20 feet:]
[Substituted by Labour (B) Department Notification No. 582 (LL)/XXXVI-B-32-LL-53, dated July 18, 1953]
Provided that in case of the buildings having a brick or concrete roof, or a combination of the two, the minimum height may be 12 feet, if approved by the Chief Inspector of Factories :
[Provided further that in case of all factories registered under Section 2 (m) (ii), and factories registered under Section 2(m)(i) of the Act]
[Amended by Notification No. U.O. 202 (v) (sm)/XXXVI-A-1203 (SM)-57, dated July 9, 1951]
employing up to 50 workers, the Chief Inspector may, where he is satisfied that the conditions of work are reasonably good, exempt such factories from the provisions of this sub-rule.
(ii) There shall be provided at all times for each person employed in any room of a factory where mechanical or electrical power is used at least 36 square feet of floor space exclusive of that occupied by machinery and a breathing space of at least 500 cubic, feet.
(iii) Particulars of each of the rooms, verandahs and other enclosures of the factory shall be entered in Form 1, which shall be produced before the Inspector on demand.
The provisions of sub-rule (i) of Rule 4 shall not apply to rooms intended for storage, godowns and like purposes and also rooms intended solely for office purposes. Where only clerical work is done.
### 5. Factories, which were not registered under the Factories Act, 1934 on March 31, 1949, or which had not applied for registration prior to April 1 1949, shall be considered as not in existence on April 1, 1949 for the purpose of Rules 3 and 4.
[Registration and Licensing]
[Amended by Notification No. 5331 (SM) /XXXVI-A-1231 (SM)-57, dated October 18, 1958]
[Sections 6 and 112]
### 6. [
[Omitted by Notification No. 90/XXXVI-3-2018-83(Sa) -17, dated 13.3.2018 (w.e.f 28.11.1950).]
\*\*\*]
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6. Mode of application.- The occupier of every factory shall submit to the Chief Inspector an application together with Form No. 4, prescribed under Section 7, in triplicate for registration of the factory and grant of a licence, at least fifteen days before he begins to occupy, or use, the premises as a factory :
Provided that, the occupier' of a place, to which the provisions of the Act are made applicable by a notification under Section 85, shall submit such application within thirty days of the date of such notification :
Provided further that the occupier shall, before he begins or continues to use any premises as a factory, obtain a licence or renewal thereof, in accordance with the provisions of these rules.
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### 7. [ Registration and grant of licence.
[Substituted by Notification No. 90/XXXVI-3-2018-83(Sa) -17, dated 13.3.2018 (w.e.f 28.11.1950).]
(1) The factory shall be registered and a licence for a factory shall be granted by the Chief Inspector in Form 3 on payment of the fee specified in the Schedule below -
For Fees Payable
------------------
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| --- | --- |
|
Quantity of H.P. Installed (Maximum H.P.)
|
Maximum number of persons to be employed on
any day during the calendar year
|
|
Up to 50 Rs
|
From 51 to 150 Rs
|
From 151 to 250 Rs
|
From
251 to
500 Rs
|
From
501 to
1000 Rs
|
From
1001 to
2500 Rs
|
Above
2500
Rs
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
Nil
|
150
|
700
|
900
|
1700
|
3500
|
6500
|
10000
|
|
up to 50
|
600
|
1800
|
2800
|
3700
|
6800
|
12500
|
14600
|
|
above 50 but not above 100
|
1200
|
2700
|
3600
|
5700
|
9000
|
15000
|
18000
|
|
above 100 but not above 500
|
2500
|
5500
|
7200
|
9600
|
14400
|
22000
|
25000
|
|
above 500 but not above 1000
|
5000
|
7500
|
9400
|
12000
|
18000
|
24500
|
30000
|
|
above 1000 but not above 2000
|
6000
|
9500
|
11500
|
14000
|
19000
|
26500
|
32000
|
|
Above 2000
|
7000
|
12500
|
14500
|
16500
|
24000
|
29000
|
35000
|
(2) Every licence granted or renewed under these rules shall remain in force for the period prescribed in sub-rule (1) of Rule 9 from the date on which it is granted or renewed.]
### 7A. [ Display of sign board.
[Inserted by Notification No. 90/XXXVI-3-2018-83(Sa) -17, dated 13.3.2018 (w.e.f 28.11.1950).]
- Every occupier or manager shall display a painted sign board, with conspicuous letters written in white or luminous paint of any colour, at the main entrance of the factory giving the following particulars -
### 1. Registration or licence number of factory. ###
2. Name of the factory.
### 3. Address of the factory (giving plot no., locality, street, PIN code etc.). ###
4. Name of the occupier.
### 5. Name of the manager.] ###
8.
[ Amendment of licence.
[Substituted by Notification No. 2955 (v) /XXXI-3-2009 (TD)-65, dated 16-8-1976, published in the U.P. Gazette, Extra, dated 16-8-1976]
(1) A licensee shall get his licence amended when the factory exceeds the limits specified in the licence in regard to horse-power or the number of persons employed.
(2) The fee for the amendment of a licence shall be ten rupees-plus the amount (if any), by which the fee that would have been payable if the licence had originally been issued in the amended form exceeds the fee originally paid for the licence.]
### 9. [ Renewal of Licence.
[Substituted by Notification No. 90/XXXVI-3-2018-83(Sa) -17, dated 13.3.2018 (w.e.f 28.11.1950).]
(1) The licence of a factory may be renewed by the Chief Inspector for ten years at a time on payment of requisite fee specified in the Schedule to Rule 7 for every year.
However, the factories which come under purview of Section 2(cb) of the Factories Act, 1948, their licences may be renewed for five years at a time on payment of requisite fee specified in the Schedule to Rule 7 for every year and the licenses for the factories which also come under the purview of Rule 2(ja) of the Manufacturer, Storage and Import of Hazardous Chemicals Rules, 1989, may be renewed for three years at a time on payment of requisite fee specified in the Schedule to Rule 7 for every year:
Provided that if the application for renewal is not received within the time specified in sub-rule (2) , the licence shall be renewed only on payment of a fee twenty five per cent in excess of the fee ordinarily payable for the renewal of the licence:
Provided further that the State Government may, by general or special order, extend the time for presentation of application for renewal of a licence.
(2) Every application for the renewal of licence shall be sent online in Form No. 4 so as to reach the office of the Chief Inspector before two months of expiry of validity period and if the application is so made, the premises shall be held to be duly licensed until such date as the Chief Inspector renews the licence.
(3) The Form No. 4 duly filled in shall be sent online by the occupier every year inspite of the renewal for more than one year so that it may reach the office of the Chief Inspector on or before thirty first day of October every year.
(4) The application for the renewal of licence of a factory shall be disposed within fifteen working days of the date of application online except those factories which are covered under Section 2(cb) of the Factories Act, 1948 (Act 63 of 1948) or Rule 2(ja) of the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 whose licence renewal applications shall be disposed within thirty working days. If the application for the renewal of licence is not rejected within the said time limit, the licence shall be deemed to have been renewed and the Chief Inspector shall send immediately the renewed licence to applicant and also inform the applicant on his e-mail address and his registered mobile number.]
### 10. Transfer of licence.
(1) The holder of a licence may, at any time before the expiry of the licence, apply for permission to transfer his licence to another person.
(2) Such application shall be made to the Chief Inspector, who shall, if he approves of the transfer, enter upon the licence, under his signature, an endorsement to the effect that the licence has been transferred to the person named.
(3) A fee of five rupees shall be charged on each such application.
(4) The person to whom the licence is so transferred shall enjoy the same powers, and be subject to the same obligations under the licence as the original holder.
### 11. Procedure on death or disability of licensee.
- If a licensee dies or becomes insolvent or otherwise disabled, the person carrying on the business of such licensee shall not be liable to any penalty, under the Act or these rules for exercising the powers granted to the licensee by the licence during such time as may reasonably be required to allow him to make an application for the transfer of the licence under Rule 10 in his own name for the unexpired portion of the original licence.
### 12. Loss of licence.
- Where a licence granted under these rules is lost or accidentally destroyed, a duplicate licence may be granted on payment of a fee of rupees five.
### 13. [ Payment of Fees.
[Substituted by Notification No. 90/XXXVI-3-2018-83(Sa) -17, dated 13.3.2018 (w.e.f 28.11.1950).]
(1) Every application under these rules shall be accompanied by a treasury receipt, showing that the appropriate fee have been paid into the local treasury under the head of account, ^^0230 - Je vkSj lsok;kstu 104&QSDV~h vf/kfu;e ds vUrxZr olwy Qhl\*\*.
(2) If an application for the grant or renewal of a licence in rejected, the fee paid shall be refunded.]
### 14A. [ Suspension of licence.
[Rules 14-A and 14-B added by Notification No. 5331 (SM) /XXXVI-A-1231 (SM)-57, dated 18th October, 1958]
(1) If before October 31, of any year an occupier notifies his intention in writing to the Chief Inspector that during the year following, the premises, in respect of which licence is issued will not be used for the working of the factory, the Chief Inspector may suspend the licence granted in respect of such factory.
(2) A licence suspended under sub-rule (1) may be revived on receipt of an application for renewal accompanied by the licence and Form No. 4 for the remaining quarters of the year on payment of the fees for such quarters and a surcharge of 25 per cent of the fees for the quarters for which the licence remained suspended.
### 14B. Cancellation of licence.
- The State Government, or the Chief Inspector, with the approval of the State Government may after giving the licensee concerned, reasonable opportunity to show cause against the proposed action, cancel any licence, if it/he is satisfied that the licence was obtained by the licensee through fraud, or by misrepresentation of facts/and on such cancellation of licence the licensee shall not be entitled to the refund of the licence fee.]
[Section 7 (1) ]
### 14C. [
[Substituted by Notification No. 90/XXXVI-3-2018-83(Sa) -17, dated 13.3.2018 (w.e.f 28.11.1950).]
The notice of occupation shall be in Form 4.]
### 14D. [ Notice of change of Manager.
[Added by Notification No. 5202-(SM) -IV/XXXVI-A-1204 (SM) 61, dated April 27, 1962, published in the U.P. Gazette, Part I-A, dated May 3, 1962.]
- The notice of change of manager referred to in sub-section (4) of Section 7 of the Act shall be in Form No. 4-A.]
### 14E. [ Qualifications for the post of an Inspector.
[Inserted By Notification No. 4194/36-3-2002(F) -80, dated November 25, 1983, published in U.P. Gazette (Extraordinary), dated, 16th February, 1978.]
- Qualifications for the post of an Inspector for the purposes of sub-section (1) of Section 8 of the Factories Act, 1948 (Act No. LXIII of 1984), shall be the same as prescribed for the post of Inspector of Factories, in the Uttar Pradesh Inspector of Boilers and Factories Service Rules, 1980.]
Chapter II
The Inspection Staff
------------------------------------
Additional Powers
[Section 9(c) ]
### 15. [ Powers of Inspectors.
[Substituted by Notification No. 607 (V) /XXXVI-3-78-2054(F)-74 dated 19-2-1978, published in U.P. Gazette (Extraordinary), dated, 16th February, 1978.]
(1) An Inspector shall for the purposes of the execution of the Act have power to do all or any of the following things, that is to say-
(a) to photograph any worker, to inspect, examine, measure, copy, photograph, sketch or test, as the case may be, any building or room; and plant, machinery appliance or apparatus; any register or document; or anything provided for the purpose of securing the health, safety or welfare of the workers employed in a factory or a place which the Inspector has reasons to believe is a factory and to call for explanations for irregularities found, if any;
(b) in the case of an Inspector, who is a duly qualified medical practitioner to carry out such medical examination as may be necessary for the purposes of his duties under the Act;
(c) to prosecute, conduct or defend before a court any complaint or other proceedings arising under the Act or in discharge of his duties as an Inspector :
Provided that the powers of District Magistrates and such other public officers as are appointed to the Additional Inspector shall be limited to the administration of the following provisions of the Act, namely the provisions relating to-
Health (Chapter III), Employment of young persons on dangerous machines (Section 23), Prohibition of employment of women and children near cotton openers (Section 27), Precautions against dangerous fumes (Section 36), Explosive or inflammable dust, gas, etc. (Section 37), Precautions in case of fire (Section 38); Welfare (Chapter V), Working hours of Adults (Chapter VI) (except the power of exemption under the provision to Section 62). Employment of young persons (Chapter VII), Annual leave with wages (Chapter VIII) and display of notice (Section 108).
(2) Identification cards. - (a) All Inspecting Officers shall if requested, produce an authorised identification card.
(b) Identification cards would be issued for all Additional Inspectors of Factories belonging to Medical and Public Health Department, by the Director of Medical and Health Services. For Officers of the Labour Department, the Identification cards would be issued by the Labour Commissioner and for the Executive Magistrates, by the District Magistrates of the Districts concerned.]
Duties of Certifying Surgeons and Authorized Medical Practitioners
[Section 19 (4) ]
### 16. Duties of Certifying Surgeons.
(1) For purposes of the examination and certification of young persons, who wish to obtain certificates of fitness, the Certifying Surgeon shall arrange a suitable time and place for the attendance of such persons, and shall give previous notice in writing of such arrangements to the managers of factories situated within the local limits assigned to him.
(2) The Certifying Surgeon shall issue his certificates in Form No. 5. The foil and counterfoil shall be filled in and left thumb-impression of the person in whose name the certificate is granted shall be taken on them. On being satisfied as to the correctness of the entries made therein and of the fitness of the persons examined, he shall sign the foil and initial the counterfoil and shall deliver the foil to the person in whose name the certificate is granted. The foil so delivered shall be the certificate of fitness granted under Section 69 of the Act. All counterfoils shall be kept by the Certifying Surgeon for a period of at least two years after the issue of the certificate.
(3) The Certifying Surgeon shall, upon request by the Chief Inspector or an Inspector of Factories carry out such examination and furnish him with such report as he may indicate, for any factory or class or description of factories where-
[(a) cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on, or other conditions of working prevailing therein, or
(b) by reason of any change in the manufacturing process carried on, or in the substance used therein, or by reasons of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process, or
(c) young persons are, or are about to be employed in any work, which is likely to cause injury to their health.
(4) For the purpose of the examination of persons employed in processes covered by the Dangerous Operations Rules, the Certifying Surgeon shall visit the factories within the local limits assigned to him at such intervals as are prescribed by the rules applying to any particular factory,
(5) At such visits the Certifying Surgeon shall examine the persons employed in such processes and shall record the results of his examination in a register known as the Health Register which shall be kept by the factory manager and produced before the Certifying Surgeon at each visit.
(6) If the Certifying Surgeon finds as a result of his examination that any person employed in such process is no longer fit for medical reasons to work in that process, he shall suspend such person from working in that process for such time as he may think fit and no person after suspension shall be employed in that process without the written sanction of the Certifying Surgeon in the Health Register.
(7) The manager of a factory shall afford to the. Certifying Surgeon facilities to inspect any process in which any person is employed or likely to be employed.
(8) The manager of a factory shall provide for the purpose of any medical examination which the Certifying Surgeon wishes to conduct at the factory (for his exclusive use on the occasion of an examination) a room which shall be properly cleaned and adequately ventilated and lighted and furnished with a screen, a table (with writing materials) and chairs.]
[Inserted by Notification No. 3264 (SM) (III)/XXXVI-A-1250-(SM) 57, dated February 19, 1959.]
Chapter III
Exemption in Respect of Painting, Lime-Washing, Etc. of Walls and Ceilings, Etc.
-------------------------------------------------------------------------------------------------
[Section 112]
### 17. Cleaning of walls and ceilings.
(1) Clause (d) of sub-section (1) of Section 11 of the Act shall not apply to the classes or descriptions of factories or parts of factories specified in the schedule to this rule provided that they are kept in a clean state by washing, sweeping, brushing, dusting, cleaning or other effective means:
Provided further that the said clause (d) shall continue to apply-
(a) as respects factories or parts of factories specified in Part A of the said Schedule, to work-rooms in which the amount of cubic space allowance for every person employed in the room is less than 500 cubic feet;
(b) as respects factories or parts of factories specified in Part B of the said Schedule, to work- rooms in which the amount of cubic space allowed for every person employed in the room is less than 2,500 cubic feet;
(c) to engine house, fitting shops, lunch-rooms, canteens, shelters, creches, cloak-rooms and wash-places; and
(d) to such parts of walls, sides and tops of passages and staircases as are less than 20 feet above the floor or stair.
(2) The record of dates on which white-washing, colour-washing, varnishing, etc., are carried out shall be entered in a register maintained in Form No. 8.
(3) If it appears to the Chief Inspector that any part of a factory to which, by virtue of this rule, any of the provisions in clause (d) of sub-section (1) of Section 11 of the Act do not apply, or apply as varied by this rule, is not being kept in a clean state, he may, by a written notice, require the occupier to white-wash or colour-wash, wash, paint or varnish the same. In the event of the occupier failing to comply with such notice within two months from the date of the notice, this rule shall cease to apply to such part of a factory unless and until the Chief of Inspector otherwise determines.
Schedule 2
------------
Part A – (1) Blast Furnaces.
------------------------------
(2) Iron and Steel Mills.
(3) Copper Mills.
(4) Stone, Slate and Marble works.
(5) Brick and tile works in which unglazed bricks or tiles are made.
(6) Cement Works.
(7) Chemical Works, and
(8) Gas Works.
The following parts of factories:
(a) Rooms used only for the storage of articles.
(b) Rooms in which the walls or ceilings consist of galvanized iron, glazed bricks, glass, slate, asbestos, bamboo thatch or cement plaster.
(c) Parts in which dense steam is continuously evolved in the process.
(d) Parts in which pitch, tar or like material is manufactured or is used to a substantial extent except in brush works. The parts of a glass factory known as the glass-house. Rooms in which graphite is manufactured or is used to a substantial extent in any process.
(e) Parts in which coal, coke, oxide of iron ochre, lime or stone is crushed on ground.
(f) Parts of walls, partitions, ceilings or tops of rooms which are at least 20 feet above the floor.
(g) Ceilings or tops of rooms in print works, bleach works or dye works, which the exception of finishing rooms or ware-houses.
(h) Inside walls of oil mills below a height of 5 feet from the ground floor level.
(i) Inside walls in tanneries below a height of 5 feet from the ground floor level where a wet process is carried on.
Part B – (1) Gun factories.
-----------------------------
(2) Engineering Works.
(3) Electric generating or transforming stations.
(4) Foundries other than foundries is which brass casting is carried on.
(5) Factories in which sugar is referred or manufactured.
(6) Coach and motor-body works.
(7) Those parts of factories where unpainted or unvarnished wood articles are manufactured.
Disposal of Trade Wastes and Effluents
[Section 12(2) ]
### 18. [ Disposal Of Trade Wastes And Effluents.
[Substituted by Notification No. 2617/XXXVI-3-2001(F) -82-CA-LXIII-1948-1950 AM (52)-1984, dated April 12, published in U.P. Gazette, Extra, dated 12th April, 1984.]
- The arrangements made in accordance with sub-section (1) of Section 12 of the Act for the treatment of wastes and effluents and for their disposal shall be in accordance with the provisions contained in "The Water (Prevention and Control of Pollution) Act, 1974 (Act No. VI of 1974) and shall be approved by the State, Board constituted by the State Government under sub-section (1) of Section 4 of the said Act (Act No. VI of 1974) from time to time.]
Ventilation and Temperature
(Section 13)
### 19. Ventilation and Temperature.
(1) The total area of openings for ventilation in every work-room shall ordinarily be in the ratio of not less than one square foot to every fifteen square feet of floor spaces :
Provided that where it is intended to use artificial ventilation by means of forced draught fans all the time that work is carried on, for instance, by air-conditioning, the area of such openings shall be such as may be approved by the Inspector.
(2) In every room in a jute mill where opening of bales, batching, machine hackling, carding, preparing or any other process is carried on in which dust is generated and inhaled to an extent likely to cause injury to the health of the workers, efficient exhaust and inlet ventilators shall be provided to secure that the dust is drawn away from the workers at, or as near as is reasonably possible, to the point at which it is generated.
(3) In every room in a cotton mill where slasher sizing is carried on, an efficient arrangement for the removal of the steam given off in the process of drying the yarn shall be fitted to the satisfaction of the Inspector. Except in cotton mills which are in existence at the time these rules come into force, slasher sizing shall not (4) In every factory where injurious, poisonous and asphyxiating gases, dust or other impurities are used for or are evolved for any process carried on, all practicable measures to the satisfaction of the Inspector shall be taken to protect the workers against the inhalation of such gases, dust or other impurities.
Artificial Humidification
(Section 15)
### 20. When artificial humidification not allowed.
- There shall be no artificial humidification in any room of a cotton spinning or weaving factory-
(a) by the use of steam during any period when the dry-bulb temperature of that room exceeds 85 degrees;
(b) at any time when the wet-bulb reading of the hygrometer is higher than that specified in the following schedule in relation to the dry-bulb reading of the hygrometer at that time, or as regarding a dry-bulb reading intermediate between any two dry-bulb readings indicated consecutively in the schedule when the dry-bulb reading does not exceed the wet-bulb reading to the extent indicated in relation to the lower of these two dry-bulb readings :
Schedule 3
------------
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Dry-bulb
|
|
|
|
Wet-bulb
|
Dry-bulb
|
Wet-bulb
|
|
60
|
..
|
..
|
..
|
58.0
|
91
|
85.0
|
|
61
|
..
|
..
|
..
|
59.0
|
92
|
85.5
|
|
62
|
..
|
..
|
..
|
60.0
|
93
|
86.0
|
|
63
|
..
|
..
|
..
|
61.0
|
94
|
86.5
|
|
64
|
..
|
..
|
..
|
62.0
|
95
|
87.0
|
|
65
|
..
|
..
|
..
|
63.0
|
96
|
87.0
|
|
66
|
..
|
..
|
..
|
64.0
|
97
|
87.5
|
|
67
|
..
|
..
|
..
|
65.0
|
98
|
88.0
|
|
68
|
..
|
..
|
..
|
66.0
|
99
|
88.5
|
|
69
|
..
|
..
|
..
|
67.0
|
100
|
89.0
|
|
70
|
..
|
..
|
..
|
68.0
|
101
|
89.5
|
|
71
|
..
|
..
|
..
|
69.0
|
102
|
90.0
|
|
72
|
..
|
..
|
..
|
70.0
|
103
|
90.0
|
|
73
|
..
|
..
|
..
|
71.0
|
104
|
90.5
|
|
74
|
..
|
..
|
..
|
72.0
|
105
|
90.5
|
|
75
|
..
|
..
|
..
|
73.0
|
106
|
91.0
|
|
76
|
..
|
..
|
..
|
74.0
|
107
|
91.0
|
|
77
|
..
|
..
|
..
|
75.0
|
108
|
91.5
|
|
78
|
..
|
..
|
..
|
76.0
|
109
|
91.5
|
|
79
|
..
|
..
|
..
|
77.0
|
110
|
92.0
|
|
80
|
..
|
..
|
..
|
78.0
|
111
|
92.0
|
|
81
|
..
|
..
|
..
|
79.0
|
112
|
92.5
|
|
82
|
..
|
..
|
..
|
80.0
|
113
|
92.5
|
|
83
|
..
|
..
|
..
|
80.5
|
114
|
93.0
|
|
84
|
..
|
..
|
..
|
81.0
|
115
|
93.0
|
|
85
|
..
|
..
|
..
|
82.0
|
116
|
93.5
|
|
86
|
..
|
..
|
..
|
82.5
|
117
|
93.5
|
|
87
|
..
|
..
|
..
|
83.0
|
118
|
94.0
|
|
88
|
..
|
..
|
..
|
83.5
|
119
|
94.0
|
|
89
|
..
|
..
|
..
|
84.0
|
120
|
94.5
|
|
90
|
..
|
..
|
..
|
84.5
|
..
|
95.0
|
Provided, however, that this clause shall not apply when the difference between the wet-bulb temperature as indicated by the hygrometer in the department concerned and the wet-bulb temperature taken with a hygrometer outside in the shade is less than 3.5 degrees.
### 21. Provision of Hygrometer.
- In all departments of cotton spinning and weaving mills wherein artificial humidification is adopted, hygrometer shall be provided and maintained in such positions as are approved by the Inspector. The number of hygrometers shall be regulated according to the following scales:
(a) Weaving Department. - One hygrometer for departments with less than 500 looms, and one additional hygrometer for every 500 or part of 500 looms in excess of 500.
(b) Other Departments. - One hygrometer for each room of less than 300,000 cubic feet capacity and one extra hygrometer for each 200,000 cubic feet or part thereof, in excess of it.
(c) One additional hygrometer for taking shade readings shall be provided and maintained in a position approved by the Inspector, outside each cotton spinning and weaving factory wherein artificial humidification is adopted.
### 22. Exemption from maintenance of Hygrometers.
- When the Inspector is satisfied that the limits of humidity allowed by the schedule to Rule 20(b) are never exceeded, he may, for any department other than the Weaving Department, grant exemption from the maintenance of the hygrometer. The Inspector shall record such exemption in Form No. 6.
### 23. Copy of Schedule to Rule 29(b) to be affixed near every Hygrometer.
- A legible copy of the schedule to Rule 20(6) shall be affixed near each hygrometer.
### 24. Temperature to be recorded at each hygrometer.
- At each hygrometer maintained in accordance with Rule 21 correct wet and dry-bulb temperatures shall be recorded thrice daily during each working day by competent persons nominated by the manager. The temperature shall be taken between 7 a. m. and 9 a. m. and between 11 a. m. and 2 p. m. (but not in the rest interval) and between 4 p. m and 5.30 p. m. In exceptional circumstances, such additional readings and between such hours, as the Inspector may specify, shall be taken. The temperatures shall be entered in a Humidity Register Form No. 7 maintained in the factory. At the end of each working day, the persons, who have taken the readings shall sign the register and certify the correctness of the entries. The register shall always be available for inspection by the Inspector.
### 25. Specifications of Hygrometer.
(1) Each hygrometer shall comprise of two mercurial thermometers respectively, wet-bulb and dry-bulb of similar construction and equal in dimensions, scale and divisions of scale. They shall be mounted on a frame with a suitable reservoir containing water.
(2) The wet-bulb shall be closely covered with a single layer of muslin, kept wet by means of a wick attached to it and dropping into the water in the reservoir. The muslin covering and the wick shall be suitable for the purpose, clean and free from size or grease.
(3) No part of the wet-bulb shall be within ¾ inches from the dry-bulb or less than § inch from the surface of the water in the reservoir below it, on the side of it away from the dry bulb.
(4) The bulb shall be spherical and of suitable dimensions and shall be freely exposed on all sides to the air of the room.
(5) The bores of the stems shall be such that the position of the top of the mercury column shall be readily distinguished at a distance of two feet.
(6) Each thermometer shall be graduated so that accurate readings may be taken between 50 and 120 degrees.
(7) Every degree from 50 degrees up to 120 degrees shall be clearly marked by horizontal lines on the stem, each fifth and tenth degrees shall be marked by longer marks, than the intermediate degrees and the temperature marked opposite each tenth degrees, i.e. 50, 60, 70, 80, 90, 100, 110 and 120.
(8) The markings as above shall be accurate, that is to say, at no temperature between 50 and 120 degrees shall the indicated readings be in error by more than two-tenths of a degree.
(9) A distinctive number shall be indelibly marked upon the thermometer.
(10) The accuracy of each thermometer shall be certified by the National Physical Laboratory, London, or some competent authority appointed by the Chief Inspector, and such certificate shall be attached to the Humidity Register.
### 26. The thermometers to be maintained in efficient order.
- Each thermometer shall be maintained at all times during the period of employment in efficient working order, so as to give accurate indications and in particular:
(a) The wick and the muslin covering of the wet-bulb shall be renewed once a week.
(b) The reservoir shall be filled with water which shall be completely renewed once a day. The Chief Inspector may prescribe the use of distilled water or pure rain water in any particular mill or mills in certain localities.
(c) No water shall be applied directly to the wick or covering during the period of employment.
### 27. An inaccurate thermometer not to be used without fresh certificate.
- If an Inspector gives notice in writing that a thermometer is not accurate it shall not, after one month from the date of such notice, be deemed to be accurate unless and until it has been re-examined as prescribed and a fresh certificate obtained which certificate shall be kept attached to the Humidity Register.
### 28. Hygrometer not to be fixed to wall, etc., unless protected by wood.
(1) No hygrometer shall be fixed to a wall, pillar or other surface unless protected therefrom by wood or other non-conducting material at least half an inch in thickness and distant at least one inch from the bulb of each thermometer.
(2) No hygrometer shall be fixed at a height of more than 5 feet 6 inches from the floor to the top of thermometer stem or in the draughts from a fan window, or ventilating opening.
### 29. No reading to be taken within 15 minutes of renewal of water.
- No reading shall be taken for record on any hygrometer within 15 minutes of the renewal of water in the reservoir.
### 30. How introduce steam for humidification.
- In any room in which steam pipes are used for the introduction of steam for the purpose of artificial humidification of the air, the following provisions shall apply :
(a) The diameter of such pipes shall not exceed two inches, and in the case of pipes installed after the date of enforcement of these rules, the diameter shall not exceed one inch.
(b) Such pipes shall be as short as is reasonably practicable.
(c) All hangers supporting such pipes shall be separated from the bare pipes by an efficient insulator not less than half an inch in thickness.
(d) No uncovered jet from such pipes shall project more than 4½ inches beyond the outer surface of any cover.
(e) The steam pressure shall be as low as practicable and shall not exceed 70 lb. per square inch.
(f) The pipes employed for the introduction of steam into the air in a department shall be effectively covered with such non-conducting material, as may be approved by the Inspector in order to minimize the amount of heat radiated by them into the department.
Lighting Rules
[Section 17(4) ]
### 31. Lighting.
- Save as provided in these rules, Rules 31 to 35 shall apply to factories in which persons are being regularly employed in a manufacturing process or processes for more than 48 hours a week, or in shifts; provided that nothing in these rules shall be deemed to require the provision of lighting of a specified standard in any building or structure so constructed that in the opinion of the Chief Inspector it would not be reasonably practicable to comply with such requirement.
### 32. Lighting of interior parts.
(1) The general illumination over these interior parts of a factory, where persons are regularly employed shall be not less than 3 feet candles measured in the horizontal plane at a level of 3 feet above the floor :
Provided that, in any such parts in which the mounting height of the light source for general illumination necessarily exceeds 25 feet measured from the floor or where the structure of the room or the position or construction of fixed machinery or plant prevents the uniform attainment of this standard, the general illumination at the said level shall be not less than 1 foot candle and where work is actually being done the illumination shall be not less than 6 feet candles.
(2) The illumination over all other interior parts of the factory over which persons employed pass shall when and-where a person is passing be not less than 0.5 foot candle at floor level.
(3) The standard specified in this rule shall be without prejudice to the provision of any additional illumination required to render the lighting sufficient and suitable for the nature of the work.
### 33. Prevention of glare.
(1) Where any source of artificial light in the factory is less than 16 feet above floor level, no part of the source or of the lighting fitting having a brightness greater than 10 candles per square inch shall be visible to persons whilst normally employed within 100 feet of the source, except where the angle of elevation from the eye to the source or part fitting of the case may be, exceeds 20°.
(2) Any local light, that is to say artificial light designed to illuminate particularly the area or part of the area of work of a single operative or small group of operatives working near each other, shall be provided with a suitable shade of opaque material to prevent glare or with other effective means by which the light source is completely screened from the eyes of every person employed at a normal working place, or shall be so placed that no such person is exposed to glare therefrom.
### 34. Discretion of the Chief Inspector.
- Where the Chief Inspector is satisfied in respect of any particular factory or part thereof or in respect of any description of work-room or process that any requirement of Rule 32 is inappropriate or is not reasonably practicable, he may by order in writing (which he may at his discretion revoke) exempt the factory or part thereof, or that particular description of work-room or processes from such requirement to such an extent and subject to such conditions as he may specify.
### 35. Exemption from Rule 32.
(a) Nothing in Rule 32 shall apply to the parts of factories specified in Part I of the schedule to these rules.
(b) Nothing in sub-rule (1) of Rule 32 shall apply to the factories or parts of factories respectively specified in Part II of the said schedule.
Schedule 4
------------
Part I – Parts of factories in which light sensitive photographic materials are made or used in an exposed condition.
-----------------------------------------------------------------------------------------------------------------------
Part II – Cement works.
-------------------------
Works for the crushing and grinding of limestone.
Gas work.
Coke oven works. Electrical stations.
Flour mills. Breweries.
Parts of Factories in which the following are carried on:
Rooms used for the manufacture of clay pots.
Concrete or artificial stone making.
Conversion of iron into steel.
Smelting of iron ore.
Iron or steel rolling.
Hot rolling or forging, tempering or annealing of metals.
Glass blowing and other working in molten glass.
Tar distilling.
Petroleum refining and blending.
Drinking water
[Section 18(4) ]
### 36. [ Quantity, supply of drinking water.
[Rule 36, substituted by Notification No. 2088/XXXVI-3 - 2016 (F) -77-CA-63-1948-Rule-1950-AM (53)-1986, dated 7th August, 19896, published in U.P. Gazette (Extraordinary), Part 4, Section (Kha), dated 7th August, 1986.]
(1) The quantity of drinking water to be provided for the workers in every factory shall be at least as many gallons a day as there are workers employed in the factory and such drinking water shall be readily available during working hours.
(2) The water so provided shall be supplied-
(a) from a public water supply system; or
(b) from any other source approved in writing by the Health Officer.]
### 37. [ Means of supply.
[Rule 37, substituted by Notification No. 2088/XXXVI-3 - 2016 (F) -77-CA-63-1948-Rule-1950-AM (53)-1986, dated 7th August, 19896, published in U.P. Gazette (Extraordinary), Part 4, Section (Kha), dated 7th August, 1986.]
- If drinking water is not supplied directly from taps either connected with the public water supply system or any other water system of the factory approved by the Health Officer, it shall be kept in suitable vessels, receptacles or tanks fitted with taps and having dust proof covers placed on raised stands or platforms in shade and having suitable arrangement of drainage to carry away the split water. Such vessels or receptacles and tanks shall be kept clean and the water renewed at least once every day. All practicable measures shall be taken to ensure that water is free from contamination.]
### 38. [ Cleanliness of well or reservoir.
[Substituted by Notification No. 607 (V) /XXXVI-3-78-2045 (F)-74, dated February 16, 1978, published in U.P. Gazette Extra, dated February 16, 1978.]
(1) Drinking water shall not be supplied from an open well or reservoir unless it is so constructed, situated, protected and maintained as to be free from the possibility of pollution or chemicals, or bacterical and extraneous impurities.
(2) Where drinking water is supplied from such well or reservoir the water in it shall be sterilized once a week or more frequently if the Inspector by written order so requires and the date, on which sterilizing is carried out, shall be recorded:
Provided that this requirement shall not apply to any such well or reservoir if the water therein is filtered and treated to the satisfaction of the Health Officer before it is supplied for consumption.
(3) Inspection. - (i) The drinking water shall be inspected twice a year by the Health Officer in his capacity of Additional Inspector of Factories and where the factory does not draw water from Municipal supplies or from supplies supervised by the Medical staff of a Railway, or where infection is suspected, samples of water shall be collected by the Health Officer and analysed at the cost of the factory owner either in a local laboratory or at the State Health Institute, Lucknow.
(ii) These analysis will be paid for by the factory owner, at the following rates:
| | | |
| --- | --- | --- |
|
|
|
Rs.
|
|
(a) |
Chemical analysis of each sample
|
20
|
|
(b) |
Bacteriological analysis of each sample
|
15
|
|
(c) |
Chemical and bacteriological analysis combined
|
35
|
Provided that factories employing less than 100 persons shall be entitled to free analysis, but if subsequently tests of water are rendered necessary because the factory owner has failed to have a satisfactory sanitary installation, these subsequent analysis shall be charged for at the rate prescribed above.
(iii) The manager or the occupier of the factory shall, in all cases, pay freight and transportation charges of outfits for collection and dispatch of samples both ways:
Provided that if a sample does not arrive safely at the Laboratory of the State Health Institute to which it is sent, the employer concerned shall not be liable to pay the freight and transportation charges for any subsequent samples taken in lieu to the first.
(iv) The following will be the standard of purity of drinking water supplied to factory workers :
Chemical
Filtered water supply, unfiltered water supplied from the tube-wells or chemically treated water supplies-Chlorine 1.5 pails per million. Free ammonia 0.05 parts per million Albuminoid ammonia 0.1 parts per million.
Bacteriological
(1) Unchlorinated supplies from slow sand filters, protected wells springs or others sources :
(a) Under 100 calories per c.c. of original water on Agarmedia.
(b) Presumptive coliform count in 48 hours 37°C.
Presumptive coliform count per 100 c. c.
| | |
| --- | --- |
|
Class I-Excellent-less than
|
1
|
|
Class II-Satisfactory
|
1-2
|
|
Class III-Suspicious
|
3-10
|
|
Class IV-Unsatisfactory greater than
|
10
|
Ordinarily a probable number of 2 coliform organisms 100 per c.c. in non-chlorinated piped supplies is permitted, but throughout the year 50 per cent of the samples should fall into Class I, 80 per cent should not fall below Class II and the remainder should not fall below Class III.
(2) Chlorinated supplies (filtered or unfiltered from any source) :
(a) Under 100 calories per c.c. of original water per Agarmedia at 37°C.
(b) Presumptive coliform count in 48 hours at 37°C. presumptive coliform count per 100 c.c.
Explanation. - Efficient chlorination should yield water free from coliform organisms in 100 c.c., i.e., such water should come into Class I. Even making allowance for sampling and other errors, the appearance of these organisms in quantities of 100 c.c., i.e. a fall to Class 11 should at once occasion misgivings at to the adequacy of the chlorination process.]
### 39. Report from Public Health Department.
- Whenever it is found necessary the Inspector may by an order in writing direct the manager to obtain, at such time or at such intervals as he may direct a report from the Public Health Department, Uttar Pradesh, as to the fitness for human consumption of the water supplied to the workers, and in every case to submit to the Inspector a copy of such report as soon as it is received from the said department.
In the case of Railway factories the certificate should be from the Medical Officer of the Railway.
### 40. Cooling of water in every factory wherein more than two hundred and fifty workers are ordinarily employed.
(a) The drinking water supplied to the workers shall from May 1 to September 30, in every year, be cooled by an effective method :
Provided that if ice is placed in the drinking water, the ice should be clean and wholesome and shall be obtained only from a source approved in writing by the Health Officer.
(b) The cooled drinking water shall be supplied in every canteen, lunch-room and rest-room and also at conveniently accessible points throughout the factory which for the purpose of these rules shall be called "water centres"
(c) The water centre shall be sheltered from the weather and adequately drained.
(d) The number of water centres to be provided shall be one "centre" for every 150 persons employed at any one time in the factory :
Provided that in the case of a factory where the number of persons employed exceeds 500, it shall be sufficient if there is one such "centre" as aforesaid for every 150 persons up to the first 500 and one for every 500 persons thereafter.
(e) Every "water centre" shall be in charge of a suitable person, who shall distribute the water and maintain the "centre" in a clean and orderly condition. The person in charge of the centre shall be provided with clean clothes while on duty:
Provided that this clause shall not apply to any factory in which suitable mechanically operated drinking water, refrigerating units or water taps connected to a reservoir containing cool water are installed to the satisfaction of the Chief Inspector.
Latrines and Urinals
(Section 19)
### 41. [ The sanitary accommodation.
[Substituted by Notification No. 4363 (SM) /XXXVI-A-1130 (ZM)-57, dated October 23, 1958.]
- Latrine accommodation shall be provided in every factory for the number of workers engaged at any one time on the following scale :
(a) Where the number of workers does not exceed 50-one seat.
(b) Where the number of workers exceeds 50 but does not exceed 150-4 seats.
(c) Where the number of workers exceeds 150 but does not exceed 250-5 seats.
(d) Where the number of workers exceeds 250-one seat for every 50 or fraction of 50.]
### 42. Latrines and public health requirements.
- Latrines other than those connected with an efficient water borne sewage system shall comply with the requirements of the Public Health authorities.
### 43. Privacy of latrines.
- Every latrine shall be under cover and so partitioned off as to secure privacy, and each portion shall have a proper door and fastenings.
### 44. Signboards on latrines.
- Where workers of both sexes are employed there shall be displayed outside each latrine a notice in the language understood by the majority of the workers, "For men only" or "For women only" as the case may be. The notice shall bear the figure of a man or of a woman as the case may be.
### 45. Urinal accommodation.
- Urinal accommodation shall be provided for the use of male workers and shall not be less than two feet in length for every 50 males: provided that where the number of males employed exceeds 500, it shall be sufficient if there is one urinal for every 50 males up to the first 500 employed, and one for every 100 thereafter; where women are employed separate urinal accommodation shall be provided for them on the same scale.
In calculating the urinal accommodation required under this rule any odd number of workers less than 50 or 100, as the case may be, shall be reckoned as 50 or 100.
### 46. Urinals to conform to Public Health requirements.
- Urinals, other than those connected with an efficient water-borne sewage system and urinals in a factory wherein more than two hundred and fifty workers are ordinarily employed shall comply with the requirements of the Public Health authorities.
### 47. Certain latrines and urinals to be connected to sewerage system.
- When any general system of underground sewerage with an assured water supply for any particular locality is provided in a municipality, all latrines and urinals of a factory situated in such locality shall, if the factory is situated within 100 feet of an existing sewer, be connected with that sewerage system.
### 48. White-washing and colour-washing of latrines and urinals.
- The walls, ceilings and partitions of every latrine and urinal shall be whitewashed or colour-washed and the white-washing or colour-washing shall be repeated at least once in every period of four months. The dates on which the white-washing or colour-washing is carried out shall be entered in Form No. 8:
Provided that this rule shall not apply to latrines and urinals, the walls, ceilings, or partitions of which are laid in glazed tiles or otherwise finished to provide a smooth, polished, impervious surface and that they are washed with suitable detergents and disinfectants at least once in every period of four months.
### 49. Drains carrying waste or sullage water.
- All drains carrying waste or sullage water shall be constructed in masonry or other impermeable material and shall be regularly flushed and the effluent disposed of by connecting such drains with a suitable drainage line :
Provided that, where there is no such drainage line the effluent shall be deodorized and rendered innocuous and then disposed of in a suitable manner to the satisfaction of the Health Officer.
### 50. Water taps and reservoirs near latrines.
- A suitable number of conveniently accessible water taps or reservoirs shall be provided near each set of latrines.
Spittoons
[Section 20(2) ]
### 51. Spittoons.
(1) The number and location of the spittoons to be provided shall be to the satisfaction of the Inspector.
(2) The spittoons shall be cleaned and disinfected at least once every day.
(3) The spittoons shall be of either of the following types-
(a) a galvanised iron container with a conical funnel-shaped cover. A layer of suitable disinfectant liquid shall always be maintained in the container; or
(b) a container filled with dry, clean sand and covered with a layer of bleaching powder and quick lime; or
(c) any other type approved by the Chief Inspector.
Chapter IV
Safety
----------------------
Further precautions in respect of particular machinery
[Section 21(2) ]
### 52. Safety precautions.
(1) Without prejudice to the provision of Section 21(1) of the Factories Act, 1948, in regard to the fencing of machinery, the following additional provisions specified in the schedules annexed hereto shall apply to machinery noted in each schedule, The provisions of this rule shall come into force from July 1, 1951, in the case of factories registered before April 1, 1949.
(2) The fences and other devices for protection shall be so constructed and designed as to render it impossible for any person to pass between them and a moving part and also in such manner as to give protection to a person oiling, cleaning or otherwise attending to machinery and to all persons, who may be in the neighbourhood of moving part while it is in motion.
(3) In every fence the spaces between the fence framing shall be completely and securely fitted in with panels of sheet metal, expanded metal or other stout and durable material, unless the frame members of the fence are, in the opinion of the Inspector, sufficiently close together to serve the same purpose. When panels are fitted, the boards shall be fitted to all fences, which stand upon the ground or in a wall-way, scaffold or platform.
(4) In case where a fixed fence cannot be used to give protection from flying chips or the like, the manager shall provide portable screens where these can be effectively used; and where screens are not adequate protection, he shall provide goggles for each worker within range.
(5) The guards and other appliances required by the rules shall be-
(a) maintained in an efficient state,
(b) constantly kept in position while the machinery is in motion, and
(c) so adjusted as to enable the work to be done without unnecessary risk.
(6) If the driving machinery is situated in a room separated from the driven machinery room by a high wall, an Inspection door 4' x 4' shall be provided in the wall and further a bell arrangement shall be provided under the control of the person attending the driven machinery.
I
---
(Cotton Textiles)
### 1. Cotton openers, scutchers, combined openers and scutchers, and lap machines, hard waste breakers, etc. - (a) All cotton openers, scutchers, combined openers and scutchers, scutcher and lap machines, hard waste breakers and similar machines shall be driven by separate motors or from countershafts provided with fast and loose pulleys and efficient belt shifting devices. (b)
In all openers, combined openers and scutcher, scutchers, scutcher-lap-machines, hard waste breakers and similar machines, the beater covers and doors which give access to any dangerous part of the machines shall be fitted with effective inter-locking arrangements which shall prevent-
(i) the covers and doors being opened while the machine is in motion; and
(ii) the machine being re-started until the covers and doors are closed :
Provided that in respect of doors of openings, other than dirt doors or desk doors such openings shall be so fenced as to prevent access to any dangerous parts of the machine if effective inter-locking arrangement is not provided.
(iii) In all openers, combined openers and scutcher, scutchers, scutcher-lap machines, hard waste breakers and similar machines, the openings giving access to the dust chamber shall be provided with permanently fixed fencing, which shall, while admitting light, yet prevent contact between any portion of a worker's body and the beater gride bars.
### 2. Combined openers and scutcher, scutchers, scutcher-lap, silver-lap machine, derby doublers and ribbon machines. - (a) The lap forming rollers shall be fitted with a guard or cover which shall prevent access to the intake of the lap roller and fluted rollers as long as the weighted rak is dowing; or (b)
The guard or cover shall be so locked that it cannot be raised until the machine is stopped and the machine cannot be started until the guard or cover is closed.
### 3. Carding machines. - All cylinder doors shall be secured by an automatic locking device which shall prevent the door being opened until the cylinder has ceased to revolve and shall render it impossible to restart the machine until the door has been closed. ###
4. Speed frames. - Headstock shall be fitted with automatic locking arrangements which shall prevent the doors giving access to jack box wheels being opened while the machinery is in motion and shall render it impossible to restart the machine until the doors have been closed.
### 5. Self-acting mules. - The drive shall be from counter shafts, which shall be provided with fast and loose pulleys and efficient belt shifting devices. ###
6. Calender machines, etc. - In respect of calendering machines, mangles and similar machines, all such machines shall be provided with an efficient "nip" guard along the whole length on the intake side of each pair of bowls and similar parts, which shall be so fitted and maintained, whilst the rollers of bowls are in motion, as to prevent access to the point of contact of the rollers or bowls.
II
----
(Ginning Factories)
Line shafts. - (a) The line shaft or second motion in cotton ginning factories shall be completely enclosed by a continuous wall or unclimbable fencing with only as many openings as are necessary for access to the shaft or removing cotton seeds, cleaning and oiling and such openings shall be provided with gates or doors which shall be kept closed and locked.
(b) The feed mouth of the opener shall be fitted with a traverser or a grid guard extending 4 feet over the lattice conveyor so as to render it impossible for the operative to be within reach of the beaters when feeding on to the lattice.
III
-----
(Wood working machinery)
### 1. Definitions. - For the purposes of this schedule- (a) Wood-working machine means a circular saw, band saw, planning machine, chain mortising machine or vertical spindle moulding machine operating on wood or cork.
(b) Circular saw means a circular saw working in a bench (including a rack bench) but does not include a pendulum or similar saw which is moved towards the wood for the purpose of cutting operation.
(c) Band saw means a band saw, die cutting portion of which runs in a vertical direction but does not include a long saw or band re-sawing machine.
(d) Planning machine means a machine for overhead planning or for thicknessing or for both operations.
### 2. Stopping and starting device. - An efficient stopping and starting device shall be provided on every wood-working machine. The control of this device shall be' in such a position as to be readily and conveniently operated by the person in charge of the machine. ###
3. Space around machines. - The space surrounding every wood-working machine in motion shall be kept free from obstruction.
### 4. Floors. - The floor surrounding every wood-working machine shall be maintained in good and level condition, and shall not be allowed to become slippery, and as far as practicable shall be kept free from chips or other loose material. ###
5. Training and supervision. - (a) No person shall be employed at a woodworking machine unless he has been sufficiently trained to work that class of machine, or unless he works under the adequate supervision of a person, who has a thorough knowledge of the working of the machine.
(b) A person who is being trained to work a wood working machine shall be fully and carefully instructed as to the dangers of the machine and the precautions to be observed to secure safe working of the machine.
### 6. Circular saws. - Every circular saw shall be fenced as follows: (a) Behind and in direct line with the saw there shall be a riving knife, which shall have a smooth surface, shall be strong, rigid and easily adjustable, and shall also conform to the following conditions:
(i) The edge of the knife nearer the saw shall form an arc of a circle having a radius not exceeding the radius of the largest saw used on the bench.
(ii) The knife shall be maintained as close as practicable to the saw having regard to the nature of the work being done at the time, and at the level of the bench table the distance between the front edge of the knife and the teeth of the saw shall not exceed half an inch.
(iii) For a saw of a diameter of less than 24 inches, the knife shall extend upwards from the bench table to within one inch of the top of the saw, and for a saw of a diameter of 24 inches or over shall extend upwards from the bench table to a height of at least nine inches.
(b) The top of the saw shall be covered by a strong and easily adjustable guard, with a flang at the side of the saw farthest from the fence. The guard shall be kept so adjusted that the said flang shall extend below the roots of the teeth of the saw. The guard shall extend from the top of the riving knife to a point as low as practicable at the cutting edge of the saw.
(c) The part of the saw below the bench table shall be protected by two plates of metal or other suitable material one on each side of the saw; such plates shall not be more than six inches apart, and shall extend from the axis of the saw outwards to a distance of not less than two inches beyond the teeth of the saw. Metal plates, if not beaded, shall be of a thickness at least 1/10th inch, or if beaded be of a thickness of at least 1/20th inch.
### 7. Push sticks. - A push stick or other suitable appliance shall be provided for use at every circular saw and at every vertical spindle moulding machine to enable the work to be done without unnecessary risk. ###
8. Band saws. - Every band saw shall be guarded as follows :
(a) Both sides of the bottom pulley shall be completely encased by sheet or expanded metal or other suitable material.
(b) The front of the top pulley shall be covered, with sheet or expanded metal or other suitable material.
(c) All portions of the blade shall be enclosed or otherwise securely guarded except the portion of the blade between the bench table and the top guide.
### 9. Planning machine. - (a) A planning machine (other than a planning machine, which is mechanically fed) shall not be used for overhead planning unless it is fitted with a cylindrical cutter block. (b)
Every planning machine used for overhead planning shall be provided with "bridge" guard capable of covering the full length and breadth of the cutting slot in the bench, and so constructed as to be easily adjusted both in a vertical and horizontal direction.
(c) The feed roller of every planning machine used for thicknessing except the combined machine for overhead planning and thicknessing shall be provided with an efficient guard.
### 10. Vertical spindle moulding machine. - (a) The cutter of every vertical spindle moulding machine shall be guarded by the most efficient guard having regard to the nature of the work being performed. (b)
The wood being moulded at a vertical spindle moulding machine shall, if practicable, be held in a jig or holder of such construction as to reduce as far as possible the risk of accident to the worker.
### 11. Chain mortising machines. - The chain of every chain mortising machine shall be provided with a guard, which shall enclose the cutters as far as practicable. ###
12. Adjustment and maintenance of guards. - The guards and other appliances required under this schedule shall be-
(a) maintained in an efficient state;
(b) constantly kept in position while the machinery is in motion;
(c) so adjusted as to enable the work to be done without unnecessary risk.
### 13. Exceptions. - Paragraphs 6, 8, 9 and 10 shall not apply to any woodworking machine in respect of which it can be proved that other safeguards are provided, maintained and used which rendered the machine as safe as it would be if guarded in the manner prescribed in this schedule. IV
----
(Rubber Mills)
### 1. Installation of machines. - Mills for breaking down, cracking, grating, mixing, refining and warming rubber or rubber compounds shall be so installed that the top of the front roll is not less than forty-six inches above the floor or working level. Provided that in existing installations where the top of the front roll is below this height a strong rigid distance bar guard shall be fitted across the front of the machine in such position that the operator cannot reach the nip of the rolls. ###
2. Safety devices. - (a) Rubber mills shall be equipped with -
(i) hoppers so constructed or guarded that it is impossible for the operators to come into contact in any manner with the nip of the rolls;
(ii) horizontal safety trip rods or tight wire cables across both front and rear, which will, when pushed or pulled, operate instantly to disconnect the power and apply the brakes, or to reverse the rolls.
(b) Safe-trip rods or tight wire cables on rubber mills shall extend across the entire length of the face of the rolls and shall be located not more than sixty-nine inches above the floor or working level.
(c) Safety-trip rods and tight wire cables on all rubber mills shall be examined and tested daily in the presence of the manager or other responsible person and if any defect is disclosed by such examination and test the mill shall not be used until such defect has been remedied.
### 52A. [ Building and structure.
[Rules 52-A to 52-D inserted by Notification No. 607/V/XXXVI-3-78-2045 (F) -74, dated 16.2.1978, published in U.P. Gazette (Extraordinary), dated 16.2.1978.]
- No building wall, chimney, bridge tunnel, road, gallery, stairway, ramp, floor platform-staging or other structure, whether of a permanent or temporary character, shall be constructed, situated or maintained in any factory in such manner as to cause risk of bodily injury.
### 52B. Machinery and plant.
- No machinery or plant equipment shall be constructed, situated, operated or maintained in any factory in such a manner as to cause risk of bodily injury.
### 52C. Method of work.
- No process of work shall be carried in any factory in such a manner as to cause risk of bodily injury.
### 52D. Stacking or storing of Materials etc.
- No materials or equipment shall be stacked or stored in such a manner as to cause risk of bodily injury.]
Precautions for Persons attending to [Machinery]
[Substituted by Labour (B) Department Notification No. 395(LL)/XXXVI-B-313 (LL)-53 dated May 28, 1955.]
[Section 22(1) and (3)]
### 53. (a) No machinery or shaft in motion shall be cleaned by waste rags or similar material held in hand.
(b) Every shafting ladder shall be fitted with either hooks or some effective non-skid device and shall be free from cracks, broken rungs and other defects. When necessary to prevent slipping another worker shall be provided to hold the bottom of the ladder.
(c) No person engaged in oiling or adjusting belts or in any work whatsoever "within reach"" of transmission machinery or any other machinery which the Inspector considers dangerous, shall be allowed to wear loosely fitting clothes.
Note. - All garments other than those given below shall be considered loosely fitting clothes for the purpose of this rule:
Boiler-suits, i.e., combination of shirts and trousers, tight fitting shirt worn inside shorts, loin-cloth, vest (banyan) , sweater, cap, turban without hanging ends.
(d) The occupier shall be responsible for the supply of tight fitting clothing without cost to the workers mentioned in Rule (c) all the time they are at work.
(e) Notices or posters in Hindi for the prevention of accidents shall be displayed at conspicuous places in every room of the factory in which machinery is in use.
(f) The manager of every factory shall cause the contents of the notices or posters to be explained to each worker in the language understood by him on his first engagement and as often as there is a change in the work performed by him.
(g) [ The register as required in sub-section (1) of Section 22 of the Act shall be in Form No. 25.]
[Inserted by Labour (B) Department Notification No. 395(LL)/XXXVI-B-313 (L)-53 dated May 28, 1955.]
Dangerous Machines
[Section 23(2) ]
### 54. Employment of young persons on dangerous machines.
- The following machines are hereby prescribed as of such a dangerous character that young persons shall not work at them unless the provisions of Section 23(1) are complied with.
Power presses other than hydraulic presses : milting machines used in the metal trades; Guillotine machine; Circular Saw : Platen Printing machines.
### 55. Rules under Section 28.
(1) A register shall be opened with the following columns to record particulars of examination of hoists and lifts :
(i) Date of examination.
(ii) Number of hoists and lifts if more than one.
(iii) Details of examinations made.
(iv) Result of examination.
(v) Signature of examiner.
(vi) Designation and qualifications of the examiner.
(2) Exemption of certain hoists and lifts. - In respect of any class or description of hoists or lift specified in the first column of the Schedule, the requirements of Section 28 specified in the second column of said schedule and set opposite to that class or description of hoist or lift shall not apply :
Schedule 9
------------
Class or description of hoist or lift requirements which shall not apply
| | | | |
| --- | --- | --- | --- |
|
(a) |
Hoist or lifts mainly used for raising materials for charging
blast furnaces or lime-kilns.
|
|
Sub-section (1) (b) in so far as it requires a gate at the bottom
landing; sub-section 1(e) .
|
|
(b) |
Hoists not connected with mechanical power and which are not
used for carrying persons.
|
|
Sub-section (1) (b) in so far as it requires the
hoist way or lift way enclosure to be so constructed as to
prevent any person or thing from being trapped between any part
of the hoist or lift and any fixed structure or moving part;
sub-section (1) (e).
|
[Pressure plant testing, examination and other safety measures in relation thereto]
[Substituted by Labour Department Notification No. 1950 (LL) /XXXVI-B-2(LL)-54, dated November 2, 1954.]
### 55A. [
[Added by Notification No. 21 (SM) /XXXVI A-1019 (SM)-57, dated June 13, 1958.]
(1) No lifting machine, and no chain, rope or lifting tackle, except fibre rope or a fibre rope sling, shall be taken into use in any factory unless it has been tested and all parts have been thoroughly examined by a competent person and certificate to that effect, specifying the safe working load or loads, has been obtained from that person and is kept available for inspection.
(2) (a)
Every jib-crane, which is so constructed that die safe working load varies with raising or lowering of the jib, shall have attached thereto either an automatic indicator of safe working loads or an automatic jib-angle indicator and a table indicating the safe working loads at the corresponding inclinations of the jib, or corresponding radii of the load.
(b) A table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use, and, in the case of a multiple sling, die safe working loads at different angles of-the legs, shall be posted in the storeroom or place where, or in which, the chains, ropes or lifting tackles are kept, and in prominent positions on the premises; and no rope, chain or lifting tackle, not shown in the table, shall be used. However, the foregoing provisions of this paragraph shall not apply in respect of such lifting tackle in the safe working load thereof, or in the case of a multiple sling, safe working load at different angles of the legs, is plainly marked upon it.
(3) The register to be maintained under clause (a)(iii) of sub-section (1) of Section 29 of the Act shall be-
(i) Name of occupier of the factory.
(ii) Address of the factory.
(iii) Distinguishing number or mark, if any, and description sufficient to identify the lifting machine, chain, rope, multiple sling or die lifting tackle.
(iv) Date when the lifting machine, chain, rope, or multiple sling or lifting tackle was first brought into use in the factory.
(v) Date and number of the certificate relating to any test and examination made under sub-rules (1) and (7) together with the name and address of the person who issued the certificate.
(vi) Date of each periodical thorough examination made under clause (a) (iii) of sub-section (1) of Section 29 of the Act and sub-rule (6) and name and designation of the person by whom it was carried out.
(vii) Date of annealing or other heat treatment of die chain and other lifting tackle made under sub-rule (5) and name and designation of the person by whom it was carried out.
(viii) Particulars of any defects affecting the sate working load found at any such thorough examination or after annealing and of the steps taken to remedy such defects.
The register shall be kept readily available for inspection.
(4) All rails on which a travelling crane moves and every track on which "the carriage of a transporter or runway moves shall be of proper size and adequate strength and have an even running surface and every such rail or track shall be properly laid, adequately supported and properly maintained.
(5) All chains and lifting tackle except a rope sling shall unless they have been subjected to such other heat treatment as may be approved by Chief Inspector of Factories be effectively annealed under the supervision of a competent person at the following intervals :
(i) All chains, slings, rings, hooks, shackles and swivels used in connection with molten metal or molten slag or when they are made of half inch bar or smaller once at least in every six months.
(ii) All other chains, rings, hooks, shackles and swivels in general use, once at least in every twelve months :
Provided that chains and lifting tackle not in frequent use shall, subject to the Chief Inspector^ approval, be annealed only when necessary. Particulars of such annealing shall be entered in a register prescribed under sub-rule (3) .
(6) Nothing in the foregoing sub-rule (5) shall apply to the following classes of chains and lifting tackles :
(i) Chains made of malleable cast iron.
(ii) Plate link chains.
(iii) Chains, rings, hooks, shackles and swivels made of steel or of any non-ferrous metal.
(iv) Pitched chains, working on sprocket or pocketed wheels.
(v) Rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks or weighing machines.
(vi) Hocks and swivels having screw threaded [parts] or ball bearing or other case hardened parts.
(vii) Socket shackles secured to wire ropes by white metal capping.
(viii) Bordeaux connections.
(ix) Any chain or lifting tackle which has been subjected to the heat treatment known as "normalizing" instead of annealing.
Such chains and lifting tackle shall be thoroughly examined by a competent person once at least in every twelve months, and particulars entered in the register kept in accordance with sub-rule (3) .
(7) Every lifting machine, chain, rope and lifting tackle, except a fibre rope, or fibre rope sling, which has been lengthened, altered or repaired by welding or otherwise, shall, before being again taken into use, be adequately re-tested and re-examined by a competent person and a certificate of such test and examination be obtained and particulars entered in the register kept in accordance with sub-rule (3).
(8) No person under 18 years of age and no person who is not sufficiently competent and reliable shall be employed as driver of a lifting machine, whether driven by mechanical power or otherwise, or to give signals to a driver.]
[Section 31(2) ]
### 56. [ Pressure vessels or plant.
[Substituted by Notification No. 3551/XXXVI-3-1 (F) -86, dated 6th February 1988, published in U.P. Gazette, (Extraordinary), Part 4, Section (Kha), dated 6th February, 1988.]
(1) Interpretation. In this rule-
(a) "design pressure" means the maximum pressure that a pressure vessel or plant is designed to withstand safety when operating normally;
(b) "maximum permissible working pressure" means the maximum pressure at which a pressure vessel or plant is permitted to be operated or used under this rule and is determined by the technical requirements of the process;
(c) "plant" means a system of piping that is connected to a pressure vessel and is used to contain a gas, vapour or liquid under pressure greater than the atmospheric pressure, and includes the pressure vessel;
(d) "Pressure vessel" means an unfired vessel that may be used for containing, storing, distributing, transferring, distilling, processing or otherwise handling any gas, vapour or liquid under pressure greater than the atmospheric pressure and includes any pipe line fitting or "other equipment attached thereto or used in connection therewith; and
(e) "competent person" means a person who is, in the opinion of the Chief Inspector, capable by virtue of his qualifications, training and experience, of conducting a thorough examination and pressure tests, as required, on a pressure vessel plant, and of making full report on its condition.
(2) Exceptions. - Nothing in this rule shall apply to-
(a) vessels having internal diameter not exceeding 150 millimeters and a capacity not exceeding 142 litres;
(b) vessels made of ferrous materials having an internal operating pressure not exceeding 1 kilogram per square centimetre;
(c) steam boilers, steam and feed-pipes and their fittings coining under the purview of Indian Boilers Act, 1923;
(d) metal bottles or cylinders used for storage or transport of compressed gases or liquified or dissolved gases under pressure covered by the Gas Cylinder Rules, 1940 framed under the Indian Explosives Act, 1884;
(e) vessels in which internal pressure is due solely to the static head of liquid;
(f) vessels with a nominal water capacity not exceeding 500 litres connected in a water-pumping system containing air that is compressed to serve as a cushion;
(g) vessels for nuclear energy application;
(h) refrigeration plant having a capacity of 3 tons or less of refrigeration in 24 hours; and
(i) working cylinders of steam engines or prime movers, feed pumps and steam traps; turbine casings; compressor cylinders; steam separaters or dryers; steam strainers; steam de-super-heaters; oil separators; air receivers for fire sprinkler installations; air receiver of monotype machines provided the maximum working pressure of the air receiver does not exceed 1.33 kilograms per square centimetre and the capacity 85 litres, air receivers of electrical circuit breakers; air receivers of electrical relays; a;r vessels on pumps; pipe coils, accessories of instruments and appliances such as cylinders and piston assemblies used for operating relays and interlocking type of guards; vessels with liquids subjected to static head only; and hydraulically operating cylinders other than any cylinder communicating with an air loaded accumulator.
(3) Design and construction. - Every pressure vessel or plant used in a factory-
(a) shall be properly designed on sound engineering practice;
(b) shall be of good construction, sound material adequate strength and free from any patent defects; and
(c) shall be properly maintained in a safe condition :
Provided that the pressure vessels or plant in respect of the design and construction of which there is an Indian standard or a standard of the country of manufacture or any other law or regulation in force, shall be designed and constructed in accordance with the said standard, law or regulation, as the case may be, and a certificate thereof shall be obtained from the manufacturer or from the competent person which shall be kept and produced on demand by an Inspector.
(4) Safety devices. - Every pressure vessel shall be fitted with-
(a) a suitable safety valve or other effective pressure relieving device of adequate capacity to ensure that the maximum permissible working pressure of the pressure vessel shall not be exceeded. It shall be set to operate at a pressure not exceeding the maximum permissible working pressure and when more than one protective device is provided only one of the devices need be set to operate at the maximum permissible working pressure and the additional device shall be set to discharge at a pressure not more than 5 per cent in excess of the maximum permissible working pressure;
(b) a suitable pressure guage with dial range not less than 1.5 times the maximum permissible working pressure, easily visible and designed to show at all times the correct internal pressure and marked with a prominent red mark at the maximum permissible working pressure of the pressure vessel;
(c) a suitable nipple and globe valve connected for the exclusive purpose of attaching a test pressure guage for checking the accuracy of the pressure gauge referred to in clause (b) of this sub-rule;
(d) a suitable stop valve or valves by which the pressure vessel may be isolated from other pressure vessels or plant or source of supply or pressure. Such a stop valve or valves shall be located as close to the pressure vessel as possible and shall be easily accessible; and
(e) a suitable drain cock or valve at the lowest part of the pressure vessel for the discharge of the liquid or other substances that may collect in the pressure vessel:
Provided that it shall be sufficient for the purpose of this sub-rule if the safety valve or pressure relieving device, the pressure gauge and the stop valve are mounted on a pipe line immediately adjacent to the pressure vessel and where there is a range of two or more similar pressure vessels served by the same pressure load only one set of such mountings need be fitted on the pressure load immediately adjacent to the range of pressure vessels, provided they cannot be isolated.
(5) Pressure reducing devices - (a) Every pressure vessel which is designed for a working pressure less than the pressure at the source of supply, or less than the pressure which can be obtained in the pipe connecting the pressure vessel with any other source of supply, shall be fitted with a suitable pressure reducing valve or other suitable automatic device to prevent the maximum permissible working pressure of the pressure vessel being exceeded.
(b) To further protect the pressure vessel in the event of failure of the reducing valve device, at least one safety valve having capacity sufficient to release all the steam, vapour or gas without undue pressure rise as determined by the pressure at the source of supply and the size of the pipe connecting the source of supply, shall be fitted on the low pressure side of the reducing valve.
(6) Pressure vessel or plant being taken into use - (a) No new pressure vessel or plant shall be taken into use in a factory after coming into force of this rule unless it has been hydrostatically tested by competent person at a pressure at least 1.3 times the design pressure, and no pressure vessel or plant which has been previously used or has remained isolated or idle for a period exceeding 2 months or which has undergone alterations or repairs shall be taken into use in a factory unless it has been thoroughly examined by a competent person externally, and internally, if practicable and has been hydrostatically tested by the competent person at a pressure which shall be 1.5 times the maximum permissible working pressure:
Provided, however, that the pressure vessel or plant which is so designed and constructed that it cannot be safely filled with water or liquid or is used in service when even some traces of water cannot be tolerated, shall be pneumatically tested at a pressure not less than the design pressure or the maximum permissible working pressure as the case may be:
Provided, further that the pressure vessel or plant which is lined with glass shall be tested hydrostatically or pneumatically as required at a pressure not less than the design pressure or maximum permissible working pressure, as the case may be.
Design pressure shall not be less than the maximum permissible working pressure and shall take into account the possible fluctuations of pressure during actual operation.
(b) No pressure vessel or plant shall be used in a factory unless there has been obtained from the maker of the pressure vessel or plant or from the competent person a certificate specifying the design, pressure or maximum permissible working pressure thereof and stating the nature of tests to which the pressure vessel or plant and its fittings (if any) have been subjected and every pressure vessel or plant so used in a factory shall be marked so as to enable, it to be identified as to be the pressure vessel or plant to which the certificate relates and the certificate shall be kept available for perusal by the Inspector.
(c) No pressure vessel or plant shall be permitted to be operated or used at a pressure higher than its design pressure, or the maximum permissible working pressure as shown in the certificate.
(7) In-service test and examinations - (a) Every pressure vessel or plant in service shall be thoroughly examined by a competent person-
(i) externally, once in every period of six months;
(ii) internally, once in every period of twelve months :
Provided that if by reason of the construction of a pressure vessel or plant, a thorough internal examination is not possible, this examination may by replaced by a hydrostatic test which shall be carried out once in every period of two years:
Provided further that for a pressure vessel or plant in continuous process which cannot be frequently opened, the period of internal examination may be extended to four years; and
(iii) hydrostatically tested once in every period of four years :
Provided, that in respect of a pressure vessel or plant with thin walls such as sizing cylinder made of copper or any other non-ferrous metal, periodic hydrostatic test may be dispensed with subject to the condition that the requirements laid down in sub-rule (8) are fulfilled:
Provided further that when it is impracticable to carry out thorough external examination of any pressure vessel or plant every six months as required in sub-clause (i) or if owing to its construction and use a pressure vessel or plant cannot be hydrostatically tested as required in subclauses (ii) and (iii) a thorough external examination of the pressure vessel or plant shall be carried out at least once in every period of two years and at least once in every period of four years a thorough systematic nondestructive test like ultrasonic test for metal thickness or other defects of all parts of failure of which might lead to eventual rupture of the pressure vessel or plant shall be carried out.
(b) The pressure for the hydrostatic test to be carried out for the purpose of this sub-rule shall be 1.25 times the design pressure for 1.5 times the maximum permissible working pressure, whichever is less.
(8) Thin walled pressure vessel or plants - (a) In respect of any pressure vessel or plant of thin walls such as sizing cylinder made of copper or any other non-ferrous metal, the maximum permissible working pressure shall be reduced at the rate of 5 per cent of the original maximum permissible working pressure for every year of its use after the first five year no such cylinder shall be allowed to continue to be used for more than twenty years after it was first taken into use.
(b) If any information as to the date of construction, thickness of walls, or maximum permissible working pressure is not available, the age of such pressure vessel or plant shall be determined by the competent person in consultation with the Chief Inspector from the other particulars available with the Manager.
(c) Every new and second hand pressure vessel or plant of thin walls to which repairs likely to affect its strength or safety have been carried out, shall be tested before use to at least, 1.5 times its maximum permissible working pressure.
(9) Report by competent person - (a) If during any examination any doubt arises as to the ability of the pressure vessel or plant to work safely until the next prescribed examination the competent person shall record in the prescribed register his observations, findings and conclusions with other relevant remarks with reasons and may authorise the pressure vessel or plant to be used and kept in operation subject to a lowering of maximum permissible working pressure, or to more frequent or special examination or test, or subject to both of these conditions.
(b) A report of every examination or test carried out shall be completed in Form 9 and shall be signed by the person making the examination or test, and shall be kept available for perusal by the Inspector at all hours when the factory or any part thereof is working.
(c) Where the report of any examination under this rule specified any condition for securing the safe working of any pressure vessel or plant, the pressure vessel or plant shall not be used unless the specified condition is fulfilled.
(d) The competent person making report of any examination under this rule, shall within seven days of the completion of the examination, send to the Inspector a copy of the report in every case where the maximum permissible working pressure is reduced or the examination shows that the pressure vessel or plant or any part thereof cannot continue to be used with safety unless certain repairs are carried out or unless any other safety measure is taken.
(10) Application of other laws - (a) The requirements of this rule shall be in addition to and without any prejudice to and not in derogation of the requirements of any other law in force.
(b) Certificates of reports of any examination, or test of any pressure vessel or plant to which sub-rules (7) to (9) do not apply, conducted or required to be conducted under any other laws in force and other relevant record relating to such pressure vessel or plant, shall be properly maintained as required under the said law and shall be produced on demand by the Inspector.]
### 56A. [ Other safety measures.
[Inserted by Notification No. 1950 (LL) /XXXVI-B-2(LL)-54, dated November 2, 1954.]
- In the case of oxygen prepared by electrolytic process for the purpose of compressing, the purity of oxygen shall not fall at any time below 99 per cent by volume.
(2) The electrical connexions of the electrolytic cell shall be so arranged as to overrule the possibility of wrong connection of the terminals leading to reversal of polarity.
(3) Oxygen and hydrogen pipe shall be painted with distinguishing colours to eliminate the possibility of faulty connections and the connecting of the cells to the right lines shall be carried out by a competent person nominated by the Manager.
(4) Samples of oxygen shall be taken and tested for purity at both the ends of the gas-pipes connecting the gas holder and the suction end of the compressor after the supply of oxygen to the gas-holder is cut off completely from the cells by means of a stop-valve. Testing of the gas for purity shall be reported thereafter every hour and records maintained in a register which shall be approved by the Chief Inspector of Factories in this behalf.
(5) Each plant shall be provided with at least two gas-holder so that while oxygen of one of them completely isolated from the cells is being compressed, the gas generated at the cells is collected in the other.
(6) Testing of purity of oxygen shall be carried out by a competent person nominated by the manager and the person so nominated shall sign the register against each set of readings to certify the correctness of the same.]
Excessive Weights
[Section 34(2) ]
### 57. Excessive weights.
(a) No woman or young person shall be permitted to lift, carry or move without mechanical aid any material, articles, tool or appliances exceeding the maximum limit in weight set out in the schedule to these rules.
(b) No woman or young person shall engage, in conjunction with others in lifting, carrying or moving any material, articles, tool or appliance, if the weight thereof exceeds the lowest weight fixed by the schedule for any if the persons engaged, multiplied by the number of the persons engaged :
Schedule 10
-------------
| | |
| --- | --- |
|
Persons
|
Maximum weight of material, article, tool or
appliance
|
|
When the work is intermittent
|
When the work is continuous
|
|
|
|
lbs.
|
lbs.
|
|
(a) |
Adult female
|
...
|
...
|
...
|
66
|
44
|
|
(b) |
Adolescent male
|
...
|
...
|
...
|
66
|
44
|
|
(c) |
Adolescent female
|
...
|
...
|
...
|
50
|
33
|
|
(d) |
Male child
|
...
|
...
|
...
|
35
|
21
|
|
(e) |
Female child
|
...
|
...
|
...
|
30
|
20
|
Protection of Eyes Rules
(Section 35)
### 58. Protection of eyes.
- Effective screens or suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of the following process :
(a) The processes specified in the schedule given below, being processes which involve risk of injury to the eyes from particles, or fragments thrown off in the course of the process :
Schedule 11
-------------
(i) Dry grinding of metals or articles of metal applied by hand to revolving wheels or disc driven by mechanical power. Turning (external or internal) of metals, or articles of such metals where the work is done dry, other than precision turning where the use of goggles or a screen would seriously interfere with the work or turning by means of hand tools.
(ii) Welding or cutting of metals by means of an electric oxy-acetylene or similar process.
The following process when carried on by means of hand tools or other portable tools :
Fettling of metal castings involving the removal of metal.
Cutting out or cutting off cold rivets or bolts from boilers or other plants, or from ships; chipping or scaling of boilers or ships plates. Breaking or dressing of stones, concrete or slag.
(b) The processes specified below, being processes, which involve risk of injury to the eyes by reason of exposure to excessive light:
(i) Welding or cutting of metals by means of an electrical, oxy-acetylene or similar process.
(ii) All processes in connection with furnaces where molten material is dealt with and rotary kilns.
Precautions against dangerous fumes
[Section 36(6) ]
### 59. Minimum dimensions of manholes.
- In every factory-except in the case of factories registered before April 1, 1949, in whose case this rule shall be applicable from July 1, 1951-every chamber, tank, vat, pipe flue or other confined space which persons may have to enter and which may contain dangerous fumes to such an extent as to involve risk of the persons being overcome thereby, shall unless there is other effective means of egress, be provided with a manhole, which may be rectangular, oval or circular in shape, and which shall-
(a) In the case of a rectangular or oval shape, be not less than 16 inches long and 12 inches wide.
(b) In the case of circular shape, be not less than 16 inches in diameter.
[Section 37(5) ]
### 60. Exemptions.
(1) The requirements of sub-section (4) of Section 37 shall not apply to the following processes carried on in any factory :
(a) The operation of repairing a water sealed gas-holder by the electric welding process, subject to the conditions that:
(i) The gas-holder shall contain only the following gases, separately or mixed at a pressure greater than atmospheric pressure, namely, town gas coke, oven gas, producer gas, blast furnace gas, or gases other than air, used in their manufacture :
Provided that this exemption shall not apply to any gas-holder containing acetylene or mixture of gases to which acetylene has been added intentionally.
(ii) Welding shall only be done by the electric welding process and shall be carried out by experienced operatives under the constant supervision of a competent person.
(b) The operations of cutting or welding steel or wrought iron gas mains and service pipes by the application of heat, subject to the conditions that:
(i) The main or service pipes shall be situated in the open air, and it shall contain only the following gases, separately or mixed at a pressure, namely, gas coke, oven gas, or producer gas, blast furnace gas, or gases other than air, used in their manufacture.
(ii) The main or service pipes shall not contain acetylene or any gas or mixture of gases to which acetylene has been added intentionally.
(iii) The operation shall be carried out by an experienced person or persons and at least two persons (including those carrying out the operations) experienced in work on gas mains and over 18 years of age shall be present during the operation.
(iv) The site of the operation shall be free from any inflammable or explosive gas vapour.
(v) Where acetylene gas is used as a source of heat in connection within operated it shall be compressed and contained in a porous substance in a cylinder.
(vi) Prior to the application of any flame to the gas, main or service pipes shall be pierced or drilled and the escaping gas ignited.
(c) The operation of repairing an oil tank by the electric welding process subject to the following conditions :
(i) The only oil contained in the tank shall have a flash point of not less than 150°F. (close test) and a certificate to this effect shall be obtained from a competent analyst.
(ii) The analyst's certificate shall be kept available for inspection by an Inspector.
(iii) The welding operation shall be carried out only on the exterior surface of the tank at a place (a) which is free from oil or oil leakage in inflammable quantities and (b) which is not less than one foot below the nearest part of the surface of the oil within the tank.
(iv) Welding shall be done only by the electric welding and shall be carried out by experienced operatives under the constant supervision of a competent person.
(2) Nothing in this rule shall be deemed to make any exemption from the requirements of the provisions of rules made under any other Act.
Means of Escape in Case of Fire
[Section 38(7) ]
### 61. [ Fire.
[Substituted by Notification No. 501/XXXVI-3-2(F) -85, dated 14th May, 1992, published in U.P. Gazette (Extraordinary), Part 4, Section (kha), dated 14th May, 1992.]
(1) Processes, equipment, plant, etc., involving serious explosion and serious fire hazards -
(a) All processes, storage's, equipments, plants etc. involving serious explosion and flash fire hazards shall be located in segregated buildings where the equipment shall be so arranged that only a minimum number of employees are exposed to such hazards at any one time.
(b) All industrial processes involving serious fire hazard should be located in buildings or work places separated from one another by walls of fire-resistant constructions.
(c) Equipment and plant involving serious fire or flash fire hazard shall, wherever possible, be so constructed and installed that in case of fire, they can be easily isolated.
(d) Ventilation ducts, pneumatic conveyors and similar equipments involving a serious fire risk should be provided with flame arresting or automatic fire extinguishing appliances.
(e) In all workplaces having serious fire or flash fire hazards, passages between machines, installations or piles of materials should be at least 90cm wide.
(2) Access for fire fighting. - Buildings and plant shall be so laid and roads, passage ways etc. so maintained as to permit unobstructed access for fire fighting.
(3) Protection against lightning. - Protection from lightning shall be provided for-
(i) buildings in which explosive or highly flammable substances are manufactured, used handled or stored;
(ii) storage tanks containing oils, paints, or other flammable liquids
(iii) grain elevators; and
(iv) buildings, tall chimneys or stacks where flammable gases, fumes, dust or lint are likely to be present.
(4) Explosive. - All explosives shall be handled, transported, stored and used in accordance with the provisions in the Indian Explosives Act, 1884.
(5) Precautions against ignition. - Wherever there is danger of fire or explosion from accumulation of flammable or explosive substances in air-
(a) all electrical apparatus shall either be excluded from the area of risk or they shall he of such construction and so installed and maintained as to prevent the danger of their being a source of ignition;
(b) Effective measures shall be adopted for prevention of accumulation of static charges to a dangerous extent;
(c) workers shall wear shoes without iron or steel nails or any other exposed ferrous materials which is likely to cause sparks by friction;
(d) smoking, lighting or carrying of matches, lighters or smoking materials shall be prohibited;
(e) transmission belts with iron fasteners shall not be used; and
(f) all other precautions as are reasonably practicable shall be taken to prevent initiation of ignition from all other possible sources such as open flames, frictional sparks overheated surfaces of machinery or plant, chemical or physical-chemical reaction and radiant heat.
(6) Spontaneous ignition. - Where materials are likely to induce spontaneous ignition, care shall be taken to avoid formation of air pocket and to ensure adequate ventilation.
(7) Cylinders containing compressed gas. - Cylinders containing compressed gas may only be stored in open if they are protected against excessive variation of temperature, direct rays of sun, or continuous dampness. Such cylinders shall never be stored near highly flammable substances, furnaces or hot processes. The room where such cylinders are stored shall have adequate ventilation.
(8) Storage of flammable liquids. - (a) The quantity of flammable liquids in any work room shall be the minimum required for the process or processes carried on in such room. Flammable liquids shall be stored in suitable containers with close fitting covers :
Provided that not more than 20 litres of flammable liquids having a flash point of 218°C or less shall be kept or stored in any work room.
(b) Flammable liquids shall be stored in closed containers and in limited quantities in well ventilated rooms of fire resisting constructions which are isolated from the remaining of the building by fire walls and self closing fire doors.
(c) Large quantities of such liquids shall be stored in isolated adequately ventilated building or fire resisting construction or in storage tanks, preferably under ground and at a distance from any building as required in the Petroleum Rules, 1976.
(d) Effective steps shall be taken to prevent leakage of such liquids into basements, sumps or drains and to confine any escaping liquid within safe limits.
(e) Coal, oil, gasoline, or other flammable materials shall not be poured in any sewer or drain.
(9) Accumulation of flammable dust, gas, fume or vapour in air or flammable waste material on the floors - (a) Effective steps shall be taken for removal or prevention of the accumulation in the air of flammable dust, gas, fume or vapour to an extent which is likely to be dangerous.
(b) No waste material Of a flammable nature shall be permitted to accumulate on the floors and shall be removed at least once in a day or shift, and more often, when possible, such materials shall be placed in suitable metal containers with covers wherever possible.
(10) Fire exits. - (a) In this rule -
(i) "horizontal exit" means an arrangement which allows alternative egress from a floor area to another floor at or near the same level in an adjoining building or an adjoining part of the same building with adequate separation; and
(ii) "travel distance" means the distance an occupant has to travel to reach an exit.
(b) An exit may be a doorway, corridor, passage way to any internal or external stair way or to a verandah. An exit may also include a horizontal exit leading to an adjoining building at the same level.
(c) Lifts, escalators and revolving doors shall not be considered as exits for the purpose of this sub-rule.
(d) In every room of a factory exits sufficient to permit safe escape of the occupants in case of fire or other emergency shall be provided which shall be free of any obstruction.
(e) The exits shall be clearly visible and suitable illuminated with suitable arrangement, whatever artificial lighting is to be adopted for this purpose, to maintain the required illumination in case of failure of the normal source of electric supply.
(f) The exits shall be marked in a language understood by the majority of the workers.
(g) Fire resisting doors or roller shutters shall be provided at appropriate places along the escape routes to prevent spread of fire and smoke, particularly at the entrance of lifts or stairs where funnel or flue effect may be created inducing an upward spread of fire.
(h) All exits shall provide continuous means of egress to the exterior of a building or to an exterior open space leading to a street.
(i) Exits shall be so located that the travel distance on the floor shall not exceed 30 metres.
(j) In case of those factories where high hazard materials are stored or used, the travel distance to the exit shall not exceed 22.5 metres and there shall be at least two ways of escape from every room, however small except toilet rooms, so located that the points of access thereto are out of or suitably shielded from areas of high hazard.
(k) Wherever more than one exit is required for any room space or floor, exits shall be placed as remote from each other as possible and shall be arranged to provide direct access in separate directions from any point in the area served.
(l) The unit of exit width used to measure capacity of any exit shall be 50 cm. A clear width of 25 cm shall be counted as an additional half unit. Clear width of less than 25 cm shall not be counted for exit width.
(m) Occupants per unit width shall be 50 for stairs and 75 for doors.
(n) For determining the exits required, the occupant load shall be reckoned on the basis of actual number of occupants within any floor area or 10 square metres per person, whichever is more.
(o) There shall not be less than two exits, serving every floor area above and below the ground floor, and at least one of them shall be an internal enclosed stairway.
(p) For every building or structure used for storage only, and every section thereof considered separately, shall have access to at least one exit so arranged and located as to provide a suitable means of escape for any person employed therein, and in any such room wherein more than 10 persons as may be normally present at least two separate means of exit shall be available, as remote from each other as practicable.
(q) Every storage area shall have access to at least one means of exit which can be readily opened.
(r) Every exit door way shall open into an enclosed stairway, a horizontal exit on a corridor or passage way providing continuous and protected means of egress.
(s) No exit doorway shall be less than 100 cm. in width Doorways shall be not less than 200 cm. in height.
(t) Exit doorways shall open outwards, that is, away from the room but shall not obstruct the travel along any exit. No door when opened, shall reduce the required width of stairway or landing to less than 90 cm. Overhead or sliding doors shall not be installed for this purpose.
(u) An exit door shall not open immediately upon a flight of stairs. A landing atleast the width of the doorway shall be provided in the stairway at each doorway. The level of landing shall be the same as that of the floor which it serves.
(v) The exit doorways shall be open able from the side which they serve without the use of a key.
(w) Exit corridors and passage ways shall be of a width not less than the aggregate required width of exit doorways leading from there in the direction of travel to the exterior.
(x) Where stairways discharge through corridors and passageways the height of the corridors and passageways shall not be less than 2.4 metres.
(y) Internal stairs shall be constructed of non-combustible materials throughout and at least one of the external stairs, which affords a means of access in case of fire, shall be of non-combustible material throughout.
(z) (sic)
Internal stairs shall be constructed as a self-contained unit with at least one side adjacent to an external wall shall be completely enclosed.
(aa) A staircase shall not be arranged round a lift shaft unless the latter is totally enclosed by a materials having a fire resistance rating not lower than that of the type of construction of the former.
(bb) Hollow combustible construction shall not be permitted.
(cc) The minimum width of an internal staircase shall be 115 cm.
(dd) The minimum width of treads without nosing shall be 25 cm for an internal staircase. The treads shall be constructed and maintained in a manner to prevent slipping.
(ee) The maximum height of a riser shall be 19 cm. and the number of risers shall be limited to 12 per flight.
(ff) Hand rails shall be provided with a minimum height of 100 cm and shall be firmly supported : and where necessary shall be provided on both sides of the staircase.
(gg) The use of spiral staircase shall be limited to low occupant load and to a building of height of 9 metres, unless they are connected to platforms such as balconies and terraces to allow escapes to pause. A spiral staircase shall be not less than 300 cm in diameter and have adequate headroom.
(hh) The width of a horizontal exit shall be same as for the exit doorways.
(ii) The horizontal exit shall be equipped with at least one fire door of self-closing type.
(jj) The floor area on the opposite or refuge side of a horizontal exit shall be sufficient to accommodate occupants of the floor areas served, allowing not less than 0.3 square metre per person. The refuge area shall be provided with exits adequate to meet the requirements of this sub-rule. At least one of the exits shall lead directly to the exterior or street.
(kk) Where there is difference in level between connected areas for horizontal exit, ramps not more than 1 in 8 slope shall be provided. For this purpose steps shall not be used.
(ll) Doors in horizontal exits shall be open able at all time.
(mm) Ramps with a slope of not more than 1 to 10 may be substituted for the requirements of staircase. For all slopes exceeding 1 to 10 and wherever the use in such as to involve danger of slipping, the ramp shall be surfaced with non-slipping material.
(nn) In any building not provided with automatic fire alarm a manual fire alarm system shall be provided if the total capacity of the building is over 500 persons, or if more than 25 persons are employed above or below the ground floor, except that no manual fire alarm shall be required in one-storey buildings where the entire area is undivided and all parts thereof are clearly visible to all occupants.
(11) First-aid fire fighting arrangements. - (a) In every factory there shall be provided and maintained adequate and suitable fire fighting equipment for fighting fires in the early stages, those being referred to first-aid fire fighting equipment in this rule.
(b) The types of first-aid fire fighting equipment to be provided shall be determined by considering the different types of fire risks which are classified as follows :-
(i) "Class A fire" - Fire due to combustible materials such as wood, textiles, paper, rubbish and the like.
(1) "Light hazard" - Occupancies like offices, assembly halls, canteens, rest-rooms, ambulance rooms and the like;
(2) "Ordinary hazard" - Occupancies like saw mills, carpentry shop, small timber yards, book binding shops, engineering workshop and the like;
(3) "Extra hazard" - Occupancies like large timber yards, godown's storing fibrous materials, flour mills, cotton mills, jute mills, large wood working factories and the like;
(ii) "Class B fire" - Fire in flammable liquids like oil, petroleum produces, solvents, grease, paints etc.
(iii) "Class C fire" - Fire-arising out of gaseous substances.
(iv) "Class D fire" - Fire from reactive chemicals, active metals and the like.
(v) "Class E fire" - Fire involving electrical equipment and delicate machinery and the like.
(c) The number and types of first-aid fire-fighting equipment to be provided shall be as per the following scale :-
(i) Class-A Fire :-
### 1. Light Hazard. - One 9 litre water bucket for every 100 square meters of floor area or part thereof and one 9 litre water type (soda acid or gas pressure or bucket pump) extinguisher shall be provided for each 6 buckets or part thereof with a minimum of one extinguisher and two buckets per compartment of the building. These equipments shall be so distributed over the entire floor areas that a person shall have to travel not more than 25 metres from any point to reach the nearest equipment. ###
2. Ordinary Hazard. - One 9 litre water bucket for every 100 square meters of floor area or part thereof and one 9 litre water type (soda acid or gas pressure or bucket pump) extinguisher shall be provided for each six buckets or part thereof, with a minimum of 2 extinguishers and 4 buckets per compartment of the building. These equipments shall be so distributed over the entire floor areas that a person shall have to travel not more than 15 metres from any point to reach the nearest equipment.
### 3. Extra hazard. - The scale of equipment would be what is prescribed for ordinary hazard and, in addition, such extra equipments as, in the opinion of the Inspector are necessary having regard to the special nature of occupancy : Provided that in special cases, the Inspector, after taking into consideration the circumstances, authorise that the buckets prescribed in this clause may be dispensed with provided the number of the extinguishers provided in double of that what is prescribed.
(ii) Class-B Fire. - There shall be at least one fire-extinguisher either, foam type or carbon dioxide or dry power type per 50 square metres of floor area and shall be so distributed that no person is required to travel more than 15 meters from any point to reach the nearest equipment. In addition to the requirements, extinguishers specified here, requirements as laid down in clause (1) shall also be provided.
(iii) Class C Fire. - Carbon dioxide or dry chemical power extinguishers shall be provided near each plant or group of plants.
(iv) Class D Fire. - Special dry power (Chloride based) type of extinguisher shall be provided near each plant or group of plants depending upon the risk involved.
(v) Class E Fire. - Carbon dioxide of dry power type extinguisher shall be provided near each plant or group of plants depending upon the risk involved.
(d) The first-aid fire fighting equipments shall conform to the relevant Indian Standards.
(e) As far as possible the first-aid fire fighting equipments shall all be similar in shape and appearance and shall have the same method of operation.
(f) All first-aid fire fighting equipments shall be placed in a conspicuous position and shall be readily and easily accessible for immediate use. Generally, these equipments shall be placed as near as possible to the exits or stair landing of normal routes of escape.
(g) All water buckets and pump type extinguishers shall be filled with clean water. All sand buckets shall be filled with clean, dry and fine sand. All water and sand buckets shall be painted red.
(h) All other extinguishers shall be charged appropriately in accordance with the instructions of the manufacturer.
(i) Each first-aid fire-fighting equipment shall be allotted a serial number by which it shall be referred to in the records. The following details shall be painted with white paint on the body of each equipment :
(1) Serial number;
(2) Date of last refilling; and
(3) Date of last inspection.
(j) First-aid fire-fighting equipments shall be placed on platforms on cabinets in such a way that their bottom is 750 mm above floor level. Fire buckets shall be placed on books attached to a suitable stand or wall in such a way that their bottom is 750 mm above the floor level. Such equipments if placed outside the building, shall be under sheds or covers.
(k) All extinguishers shall be thoroughly cleaned and re-charged immediately after discharge. Sufficient refill material shall be kept readily available for this purpose at all times.
(l) All first-aid fire fighting equipments shall be subjected to routine maintenance, inspection, and testing to be carried out by properly trained persons. Periodicity of the routine maintenance, inspection and test shall conform to the relevant Indian Standards.
(m) In case the fire is caused by electrical equipment, the connected switches be pulled out.
(12) Other fire fighting arrangements. - (a) In every factory adequate provisions of water supply for fire fighting shall be made and where the amount of water required in litres per minute as calculated from the formula A+B+C+D divided by 20 in 550 or more, power driven trailer pumps of adequate capacity to meet the requirement of water as calculated above shall be provided and maintained.
In the above formula:-
A - the total area in square meters of all floors including galleries in all buildings of the factory :
B - the total area in square meters of all floors and galleries including open spaces in which combustible materials are handed or stored :
C - the total area in square meters of all floors over 15 meters above ground level; and
D - The total area of square meters of all floors of all buildings other than those of fire resisting construction :
Provided that in area where the fire risk involved does not require use of water, such areas under B, C or D may, for the purpose of calculation, be halved:
Provided further that where the areas under B, C or D are protected by permanent automatic fire fighting installations approved by any fire association or fire insurance company such areas may, for the purpose of calculation, be halved:
Provided also that where the factory is situated at not more than 3 kilometers from an established city or town fire service the pumping capacity based on the amount of water arrived at by the formula above may be reduced by 25% but no account shall be taken of this reduction in calculating water supply required under this clause.
(b) Each trailer pump shall be provided with equipment as per scheduled appended to this rule. Such equipment shall conform to the relevant Indian Standards.
(c) Trailer pump shall be housed in a separate shed or sheds which shall be sited close to a principal source of water supplies in the vicinity of the main risks for the factory.
(d) In factories where the area is such as cannot be reached by man-hauling of trailer pumps, within reasonable time, vehicles with towing attachment shall be provided at the scale of one for every four trailer pumps with a minimum of one such vehicle kept available at all times.
(e) Water supply shall be provided to give flow of water as required under clause (a) for at least 100 minutes. At least 50% of this water supply or 450,000 litres which ever is less, shall be in the form of static tanks of adequate capacities (not less than 450,000 litres each) distributed round the factory with due regard to the potential fire risks in the factory. Where piped supply is provided, the size of the main shall not be less than 15 cms in diameter and it shall be capable of supplying a minimum of 4,500 litres per minute at a pressure of not less than 7 kilograms per square centimetre.
(f) All trailer pumps including the equipment provided with -them and the vehicles for towing them shall be maintained in good condition and subjected to periodical inspection and testing as required.
(13) Personnel in charge of equipment and for fire fighting, fire drills, etc. - (a) The first-aid and other fire fighting equipment to be provided as required in sub-rules (11) and (12)shall be in charge of a trained responsible person.
(b) Sufficient number of persons shall be trained in the proper handling of fire-fighting equipment as referred to in clause (a) and their use against number of persons are available for fire fighting both by means of first-aid fire fighting equipment and others. Such persons shall be provided with clothing and equipment including helmets, belts and boots, preferably gumboots. Wherever vehicles with towing attachment are to be provided as required in clause (d) of sub-rule(11) sufficient number of persons shall be trained in driving these vehicles to ensure the trained persons are available for driving them whenever the need arises.
(c) Fire fighting drills shall be held at least once in every 3 months.
(14) Automatic sprinklers and fire hydrants shall be in addition and not in substitution of the requirements in sub rules (11) and (12).
(15) If the Chief Inspector is satisfied in respect of any factory or any part of the factory that owing to the exceptional circumstances such as inadequacy of water supply or infrequency of the manufacturing process or for any other reason, to be recorded in writing, all or any of the requirements of the rules are impracticable or not necessary for the protection of workers, he may by order in writing (which he may at his discretion revoke) exempt such factory or part of the factory from all or any of the provisions of the rules subject to conditions as he may by such order prescribe.
Schedule 12
-------------
Equipment to be Provided with Trailer Pump
| | |
| --- | --- |
|
|
For light trailer pump of a capacity of 680 litres / minute
|
|
1
|
Armoured suction hose of 9 m length, with wrenches.
|
|
1
|
Metal suction strainer.
|
|
1
|
Basket strainer.
|
|
1
|
Two-way suction collecting-head.
|
|
1
|
Suction adapter.
|
|
10
|
Unlined or rubber lined 70 mm delivery hose of 25 metres,
length complete with quick-release couplings.
|
|
1
|
Dividing breaching-piece.
|
|
2
|
Branch-piece with 15 mm nozzles.
|
|
1
|
Diffuser nozzle
|
|
1
|
Standpipe with blank cap.
|
|
1
|
Hydrant key.
|
|
4
|
Collapsible canvas buckets.
|
|
1
|
Fire hook (preventer) with cutting edge.
|
|
1
|
25 mm manila rope of 30 meters length.
|
|
1
|
Extension ladder of 9 m length (where necessary).
|
|
1
|
Heavy axe.
|
|
1
|
Spade.
|
|
1
|
Pick axe.
|
|
1
|
Crowbar.
|
|
1
|
Saw.
|
|
1
|
Hurricane lamp.
|
|
1
|
Electric torch.
|
|
1
|
Pair rubber gloves.
|
|
|
For large trailer pump of a capacity of 1800 litres/minute
|
|
1
|
Armoured suction hose of 9 m length, with wrenches.
|
|
1
|
Metal suction strainer.
|
|
1
|
Basket strainer.
|
|
1
|
Three-way suction collecting-head.
|
|
1
|
Suction adapter.
|
|
14
|
Unlined or rubber lined 70 mm delivery hose of 25 m, length
complete with quick-release couplings
|
|
1
|
Dividing breaching piece.
|
|
1
|
Collecting breaching-piece.
|
|
4
|
Branch pipes with one 25 mm two 20 mm and one diffuser nozzle.
|
|
2
|
Standpipes with blank caps.
|
|
2
|
Hydrant keys.
|
|
6
|
Collapsible canvas buckets.
|
|
1
|
Ceiling hook (preventer) with cutting edge.
|
|
1
|
50 mm manila rope of 30 m length.
|
|
1
|
Extension ladder of 9 m length (where necessary).
|
|
1
|
Heavy axe.
|
|
1
|
Spade.
|
|
1
|
Pick axe.
|
|
1
|
Crowbar.
|
|
1
|
Saw.
|
|
1
|
Hurricane lamp.
|
|
1
|
Electric torch.
|
|
1
|
A pair of rubber gloves
|
Note - If it appears to the Chief Inspector that in any factory the provision of breathing apparatus is necessary he may by order in writing require the occupier to provide suitable breathing apparatus in addition to the equipment for light trailer pump or large trailer pump as the case may be.]
### 62. [\*\*\*\*]
[Rule 62 deleted by Notification No. 501/XXXVI-3-2(F) -85, dated 14th May, 1992, published in U.P. Gazette (Extraordinary), Part 4, Section (kha), dated 14th May, 1992.]
### 62A. [ Ovens and Driers.
[Rule 62-A inserted by Notification No. 501/XXXVI-3-2(F) -85, dated 14th May, 1992, published in U.P. Gazette (Extraordinary), Part 4, Section (kha), dated 14th May, 1992.]
(1) Application. - This rule shall apply to ovens and driers, except those used in laboratories or kitchens of any establishment and those which has a capacity below 325 litres.
(2) Definitions. - For the purpose of this rule oven or drier means any enclosed structure, receptacle, compartment or box which is used for baking, drying or otherwise processing of any article or substance at a temperature higher than the ambient temperature of the air in the room or space in which a flammable or explosive mixture of air and a flammable substance is likely to be evolved within the enclosed structure receptacle, compartment or box or part thereof on account of the article or substance which is baked, dried or otherwise processed within it.
(3) Separate electrical connection. - Electrical power supplied to every oven or drier shall be by means of a separate circuit provided with an isolation switch.
(4) Design, construction, examination and testing. - (a) Every oven or drier shall be properly designed on sound engineering practice and be of good construction, sound materials and adequate strength, free from any patent defects and safe if properly used;
(b) No oven or drier shall be taken into use in factory for the first time unless a competent person has thoroughly examined all its parts and carried out the tests as are required to establish that the necessary safe systems and controls provided for safety in operation for the processes for which it is to be used and a certificate of such examination and tests signed by that competent person has been obtained and is kept available for inspection; and
(c) All parts of an oven or drier which have undergone any alteration or repair which has to effect of modifying any of the design characteristics, shall not be used unless a thorough examination and tests as have been mentioned in clause (b) have been carried out by a competent person and a certificate of such examination and tests signed by that competent person has been obtained and is kept available for inspection.
(5) Safety ventilation. - (a) Every oven or drier shall be provided with a positive and effective safety ventilation system using one or more motor-driven centrifugal fans so as to dilute any mixture of air and any flammable substance that may be formed within the oven or drier and maintain the concentration of the flammable substance in the air at a safe level of dilution;
(b) The safe level of dilution referred to in clause (a) shall be so as to achieve a concentration of the concerned flammable substance in air of not more than 25 per cent of its lower explosive limit :
Provided that a level of concentration in air up to 50 per cent of the lower explosive limit of the concerned flammable substance may be permitted to exist subject to installation and maintenance of an automatic device which-
(i) Shows continuously the concentration of the flammable substance in air present in the oven or drier at any instant;
(ii) Sounds an alarm when the concentration of the flammable substance in air in any part of the oven or drier reaches a level of 50 per cent of its lower explosive limit; and
(iii) Shuts down the heating system of the oven or drier automatically when the concentration in air of the flammable substance in any part of the oven or drier reaches a level of 60 per cent of its lower explosive limit;
is provided to the oven or drier and maintained in efficient working condition;
(c) No oven or drier shall be operated without its safety ventilation system working in an efficient manner;
(d) No oven or drier shall be operated with a level of dilution less than what is referred to in clause (b);
(e) exhaust ducts of safety ventilation systems should be so designed and placed that their ducts discharge the mixture of air and flammable substance away from the workrooms and not near windows or doors or other openings from where the mixture could re-enter the workrooms;
(f) The fresh air admitted into the oven or drier by means of the safety ventilation system shall be circulated adequately by means of circulating fan or fans through all parts of the oven or drier so as to ensure that there are no locations where the flammable substance can accumulate in the air or become pocketed to any dangerous degree; and
(g) Throttling dampers in any safety ventilation system should be so designed by cutting away a portion of the damper or otherwise, that the system will handle at least the minimum ventilation rate required for safety when they are set in their maximum throttling position.
(6) Explosion panels. - (a) Every oven or drier having an internal total space of not less than half cubic meter shall be provided with suitably designed explosion panels so as to allow release of the pressure of any possible explosion within the oven or drier through explosion vents. The area of openings to be provided by means of such vents together with area of openings of any access doors which are provided with suitable arrangements for their release in case of an explosion shall be not less than 2200 square centimetre for every one cubic meter of volume of the oven or drier. The design of the explosion panels and doors as above said shall be much as to secure the complete release under the internal pressure of 0.25 Kg. per square centimeter; and
(b) the explosion releasing panels, shall as far as practicable, be situated at the roof of the oven or drier or at those portion of the walls where persons not remain in connection with operation of the oven or drier.
(7) Interlocking arrangements. - (a) In each oven or drier efficient inter-locking arrangements shall be provided and maintained to ensure that -
(i) all ventilating fans and circulating fans whose failure would adversely effect the ventilation rate or flow pattern are in operations before any mechanical conveyor that may be provided for feeding the articles to be processed in the oven or drier is put into operation :
(ii) failure of any of the ventilating or circulating fans will automatically stop any conveyor as referred to in clause (i) as may be provided, as well as stop the fuel supply by closing the shut off valve and shut off the ignition in the case of gas or oil fired oven and in the case of electrically heated ovens switch off the electrical supply to the heaters;
(iii) the above said mechanical conveyor is not in operation before the above said shut-off valve can be energized; and
(iv) the failure of the above said conveyor will automatically close and above said shut off value in the case of ovens and driers heated by gas, oil or steam and reactivate the ignition system, or cut off the electrical heaters in the case of electrically heated ovens or furnaces.
(8) Automatic pre-ventilation. - Every oven or drier heated by oil, steam, gas or electricity shall be provided with an efficient arrangement for automatic pre-ventilation consisting of at least 3 volumes changes with fresh air by operation of the safety ventilation fans and the circulating fans (if used) so as to effect purging of the oven or drier of any mixture of air and a flammable substance before the heating system can be activated and before the conveyor can be placed in position.
(9) Temperature Control. - Every oven or drier shall be provided with an automatic arrangement to ensure that the temperature within does not exceed a safe upper present limit to be decided in respect of the particular processing being carried on.
(10) Multistage processes. - Wherever materials are to be processed in ovens or driers, start successive operations suitable arrangement should be provided to ensure that the operating temperatures necessary for safe operation at each stage are maintained within the design limits.
(11) Combustible substances not to drip on electrical heaters or burners flame. - Effective arrangements shall be provided in every oven or drier to prevent dripping of combustible substances on electric heaters or burner flame used for heating.
(12) Periodical examination, testing and maintenance. - (a) All parts of every oven and drier shall be properly maintained and thoroughly examined and the various controls as mentioned in this rule and the working of the oven or drier tested at frequent intervals to ensure its safe operation by a responsible person designated by the occupier or manager, who by his experience and knowledge of necessary precautions against risks of explosion is fit to undertake such works; and
(b) A register shall be maintained in which the details of the various tests carried out from time to time under clause (a) shall be entered and every entry made shall be signed by the person making the tests.
(13) Training of operators. - No person shall be assigned any task connected with operation of any oven or drier unless he has completed 18 years of age and he is properly trained.
(14) Polymerising machines. - (a) Printed fabric shall be thoroughly dried by passing them over drying cans or through hot flue or other equally effective means, before the same is allowed to pass through polymerising machines, and
(b) Infra red ray heaters of polymerising machines shall be cut-off while running the prints.]
### 63. Provision against danger arising from mechanical transport in factories.
(a) No railway wagon shall be moved either by power or hand unless the movements are directly supervised by a responsible person or persons especially appointed for this purpose and a person shall be deputed to walk ahead to the wagon or wagons being shunted with a suitable bell or other audible device so as to ensure than no person is allowed to pass in front of or between the moving wagon or wagons. Names of such persons or persons shall be separately shown in the attendance register in Form No. 12
(b) Mechanical transport other than railways and fixed transporters when moved by power shall only be operated by persons trained to work them, and further such operations shall be under the charge of a responsible supervisor.
Chapter V
Washing facilities
---------------------------------
(Section 42)
### 64. Washing facilities.
(1) Before April 1, 1951, there shall be provided and maintained in every factory for the use of the workers employed adequate and suitable facilities for washing, which shall include soap, where the work to be done is dirty and dangerous involving contact with lead, tar, etc. The facilities shall be conveniently accessible and shall be kept in a clean and orderly condition.
(2) Without prejudice to the generality of the foregoing provisions the washing facilities shall include-
(a) a trough with taps or jets at intervals of not less than two feet, or
(b) wash-basins with taps attached thereto,
(c) taps on stand-pipes, or
(d) showers controlled by taps, or
(e) circular troughs of the fountain type, provided that the Inspector may, having regard to the needs and habits of the workers, fix the proportion in which the aforementioned types of facilities shall be installed.
(3) (a)
Every trough and basin shall have smooth, impervious surface and shall be fitted with a waste-pipe and plug.
(b) The floor or ground under and in the immediate vicinity of every trough, tap, jet, wash-basin, stand-pipe and shower shall be so laid or furnished as to provide a smooth, impervious surface and shall be adequately drained.
(c) For persons, whose work involves contact |with any injurious or noxious substance, there shall be at least one tap for every fifteen persons; and for persons employed at any one time in a factory, whose work does not involve such contact the number of taps shall be as follows :
| | | | | |
| --- | --- | --- | --- | --- |
|
No. of workers
|
|
|
|
No.
of taps.
|
|
Up to 20
|
...
|
...
|
...
|
1
|
|
21 to 35
|
...
|
...
|
...
|
2
|
|
36 to 50
|
...
|
...
|
...
|
3
|
|
51 to 150
|
...
|
...
|
...
|
4
|
|
151 to 200
|
...
|
...
|
...
|
5
|
|
Exceeding 200 but not exceeding 500.
|
...
|
5 plus one tap for every 50 or fraction of 50.
|
|
Exceeding 500
|
...
|
11 plus one tap for every 100 or fraction of 100.
|
(d) If female workers are employed, separate washing facilities shall be provided and so enclosed or screened that the interiors are not visible from any place, where persons of the other sex work or pass. The entrance to such facilities shall bear conspicuous notice in the language understood by the majority of the workers "For women only" and shall also be indicated pictorially.
(e) The water supply to the washing facilities shall be capable of yielding at least six gallons a day for such person employed in the factory and shall be from a source approved in writing by the Health Officer. Provided that where the Chief Inspector is satisfied that such an yield is not practicable he may by certificate in writing permit the supply of a smaller quantity not being less than one gallon per clay for every person employed in the factory .
Facilities for storing clothes
[Section 43]
### 65. [ Facilities for storing clothes.
[Substituted by Notification No. 4363 (SM) /XXXVI-A-/1130 (SM) 57, dated October 23, 1958.]
- All Engineering Workshops, Iron and Steel Works, Chemical Factories, Oil Mills and Motor Garages, covered by the Act, and
(i) employing 20 or more workers at a time and using power in the manufacturing process; or
(ii) employing 50 or more workers at a time and not using power in the manufacturing process shall provide facilities for storing, clothing not used during working hours. Such facilities shall include the provisions of separate rooms, pegs, lockers or such other arrangements for drying of wet clothes as may be approved by the Chief Inspector.]
Rules prescribed under Section 45(1) ### 66. First-aid appliance.
- The first-aid boxes or cupboards shall be distinctively marked with a red cross on a white ground and shall contain the following equipments:
A. - For factories in which mechanical power is used and in which the number of persons employed exceeds nineteen but does not exceed fifty-each first-aid box or cupboard shall contain the following equipments:
(i) Twelve small sterilized dressings.
(ii) Six medium size sterilized dressings.
(iii) Six large size sterilized dressings.
(iv) Six large size sterilized burn dressings.
(v) Six (½ oz.) packets sterilized cotton wool.
(vi) One (2 oz.) bottle containing a 2 per cent alcoholic solution of iodine.
(vii) One (2 oz.) bottle containing salvolatile having the dose and mode of administration indicated on the label.
(viii) One roll of adhesive plaster.
(ix) One snake-bite lancet.
(x) One (1 oz.) bottle of potassium permanganate crystals.
(xi) One pair of scissors.
(xii) One copy of the first-aid leaflet approved by the Chief Inspector of Factories.
B. - For Factories employing more than fifty persons-each first-aid box or cupboard shall contain the following equipments :
(i) Twenty-four small sterilized dressings.
(ii) Twelve medium size sterilized dressings.
(iii) Twelve large size sterilized dressings.
(iv) Twelve large size sterilized burn dressings.
(v) Twelve (½ oz.) packets sterilized cotton wool.
(vi) One snake-bite lancet.
(vii) One pair of scissors.
(viii) Two (1 oz.) bottle of potassium permanganate crystals.
(ix) One (4 oz.) bottle containing a 2 per cent alcoholic solution of iodine.
(x) One (4 oz.) bottle of sal-volatile having the dose and mode of administration indicated on the label.
(xi) One copy of the first-aid leaflet approved by the Chief Inspector of Factories.
(xii) Twelve roller bandages 4 inches wide.
(xiii) Twelve roller bandages 2 inches wide.
(xiv) Two rolls of adhesive plaster.
(xv) Six triangular bandages.
(xvi) Two packets of safety pins.
(xvii) A supply of suitable splints.
(xviii) One tourniquet:
Provided that items (xii) to (xviii) inclusive need not be included in the standard first-aid box or cupboard (a) where there is a properly equipped ambulance room or (b) if at least one box containing such items and placed and maintained in accordance with the requirements of Section 45 is separately provided.
[C.
[Substituted by Notification No. 366 (SM) /XXXVI-A-1130 (SM) 57, dated September 23, 1963, published in the U.P. Gazette, Part I-A, dated 28th September, 1963.]
- The provisions of Section 45 shall not apply to the factories working on any day with less than-
(i) 20 workers with the aid of power; or
(ii) 50 workers without the aid of power :
Provided that a First Aid Box having the minimum contents as indicated below is maintained in categories of factories mentioned in items (i) and (ii) above and a person trained in First Aid is readily available to give First Aid treatment:
(a) Six small sterilized dressings.
(b) Three medium size sterilized dressings.
(c) Three large size sterilized burn dressings.
(d) Three large size sterilized dressings.
(e) Three (¼ oz.) packets sterilized cotton wool.
(f) One (1 oz.) bottle containing two per cent alcoholic solution of iodine.
(g) One (1 oz.) bottle of potassium permanganate crystals.
(h) One snake bite lancet.
(i) One pair of scissors.
(j) One roll of adhesive plaster.
(k) One copy of the First Aid leaflet approved by the Chief Inspector of Factories.]
D. - In lieu of the dressings required under items (i) and (ii) there may be substituted adhesive wound dressings approved by the Chief Inspector of Factories.
Ambulance Room
[Section 45(3) ]
### 67. Ambulance room.
(1) In every factory except in the case of factories registered before April 1, 1949, in whose case this rule shall be applicable from July 1, 1951, in which more than 500 workers are employed, there shall be provided and maintained in good order an ambulance room or dispensary.
(2) The ambulance room or dispensary shall be in charge of a registered medical practitioner assisted by at least one qualified nurse and such subordinate staff as the Chief Inspector may direct:
[Provided that the Ordnance Factories of the Ministry of Defence which have their own hospitals near their premises with necessary arrangements for expeditious transport of injured workers to such hospitals shall be exempted from compliance with the requirement of a qualified nurse.]
[Added by Notification No. 1353 (SM) /XXXVI-A-1205 (SM)-57, dated April 18, 1959.]
(3) The ambulance room or dispensary shall be separate from the rest of the factory and shall be used only for the purpose of treatment and rest. It shall have a floor area of at least 250 square feet and smooth, hard and Impervious walls and floor and shall be adequately ventilated and lighted by both natural and artificial means. An adequate supply of wholesome drinking water shall be laid on and the room shall contain at least-
(i) a glazed sink with hot and cold water always available,
(ii) a table with a smooth top at least 6' x 3'- 6",
(iii) means for sterilizing instruments and other articles,
(iv) a douche,
(v) two stretchers,
(vi) two buckets or containers with close fitting lids,
(vii) two rubber hot water bags,
(viii) a kettle and spirit stove or other suitable means of boiling water,
(ix) twelve plain wooden splints 36" x 4" x ¼",
(x) twelve plain wooden splints 14" x 3" x ¼",
(xi) six plain 'wooden splints 10" x 2" x ¼",
(xii) six woollen blankets,
(xiii) one pair artery forceps,
(xiv) one bottle of brandy,
(xv) two medium size sponges,
(xvi) six hand towels,
(xvii) four "kidney" trays,
(xiii) four cakes carbolic soap,
(xix) two glass tumblers, and two wine glasses,
(xx) graduated medium glass with teaspoon,
(xxi) one eye bath,
(xxii) one bottle (21 lb. carbolic lotion 1 in 20),
(xxiii) three chairs,
(xxiv) one screen,
(xxv) one electric hand torch,
(xxvi) four first-aid boxes or cupboards stocked to the standards prescribed under Section 45(1) of the Factories Act, 1948,
(xxvii) two clinical thermometers,
(xxviii) an adequate supply of anti-tetanus serum,
(xxix) an arm-chair or a couch.
(4) The occupier of every factory to which these rules apply shall for the purpose of removing serious cases of accident or sickness provide in the premises and maintain in good condition a suitable conveyance unless he has made arrangements for obtaining such a conveyance from a hospital.
(5) A record of all cases of accident and sickness treated at the room shall be kept and produced to the Inspector or Certifying Surgeon when required.
[Explanation.
[Added by Notification No. 385 (LD) /XXXVI-A-2027 (SM)-62, dated, July 17, 1964 published in U.P. Gazette Part I-A dated July 25, 1964.]
- In this rule 'registered medical practitioner' means a person holding a qualification granted by any of the authorities specified in the schedule to the Indian Medical Degrees Act, 1916 (Act No. VIII of 1916), or in the schedules to the Indian Medical Council Act, 1956.]
Canteens
[Sections 46 and 112]
### 68. [
[Substituted by Notification No. 2088 (SM) /XXXVI-3-2016(F)-77-CA-63-1948-Rule 1950-AM (53)-1986, dated 7th August, 1986, published in U.P. Gazette (Extraordinary), Part 4, Section (Kha) dated 7th August, 1986.]
(1) The occupier of every factory wherein more than two hundred and fifty workers are ordinarily employed on any one day and which is specified by the State Government in this behalf shall provide, within six months from the dare of specification, in or near the factory, an adequate canteen according to the standards prescribed in this rule. This rule shall come into force at once.
(2) The manager of every factory shall submit in triplicate, through the Inspector of Factories of the region concerned, the plans and site plan of the building to be constructed or adopted, for use as a canteen to the Chief Inspector of Factories for his approval.
(3) The canteen building or buildings shall be situated not less than fifty feet from any latrine/urinal, boiler house, coal stacks, ash dumps and any other source of dust, smoke or obnoxious fumes :
Provided that the Chief Inspector may in any particular factory relax the provisions of this rule to such extent as may be reasonable in the circumstances and may require measures to be adopted to secure the essential purpose of this sub-rule.
(4) The canteen building or buildings shall accommodate a dining hall, kitchen, store room, pantry and washing places, separately for workers and for utensils.
(5) In a canteen the floor shall be made of smooth and impervious material, the remaining portion of the inside walls shall be made smooth by cement plaster or in any other manner approved by the Chief Inspector.
(6) The doors and windows of a canteen building shall be of fly proof construction and shall allow adequate ventilation.
(7) The canteen shall be sufficiently lighted at all times when any person has access to it.
(8) In every canteen-
(a) all inside walls of rooms and all ceilings and passages and stair cases shall be lime-washed or colour-washed at least once in each year or painted once in three years dating from the period when last lime-washed or painted, as the case may be;
(b) all wood work shall be varnished or painted once in three years dating from the period when last varnished or painted;
(c) all internal structural iron or steel work shall be varnished or painted once in three years dating from the period when last varnished or painted:
Provided that inside walls of the kitchen shall be lime-washed once every four months.
(9) Records of dates on which lime-washing, colour washing, varnishing or painting is carried out shall be maintained in Form No. 8.
(10) The precincts of the canteen shall be maintained in a clean sanitary condition. Waste water shall be carried away in suitably covered drains and shall not be allowed to accumulate so as to cause nuisance. Arrangements shall be made for the collection and disposal of garbage.
(11) (a)
The dining hall shall accommodate at least 20 per cent of the workers working at a time :
Provided that in any particular factory or in any particular class of factories, the Chief Inspector may with the approval of the State Government alter the percentage of workers to be accommodated in a canteen keeping in view the practice prevailing in the factory or in the industry where many workers may not be available to take advantage of the canteen facilities.
(b) The floor area of the dining hall, excluding the area occupied by service counter and any furniture, except tables and chairs shall be not less than 10 square feet per dinner to be accommodated as prescribed in clause (a).
(c) A portion of the dining hall and service counter shall be partitioned off and reserved for women workers in proportion to their number. Washing places for women shall be separate and screened to secure privacy.
(12) Sufficient tables, chairs or benches shall be available for the number of dinners to be accommodated as prescribed in clause (a) of sub-rule (11).
(13) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen. Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained.
(14) The furniture, utensils and other equipments shall be maintained in a clean and hygienic condition. A service counter, if provided, shall have a top of smooth and impervious material. Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of the utensils and equipments.
(15) The food, drink and other items served in the canteen shall be sold on non-profit basis, and the prices charged shall be subject to the approval of the Managing Committee:
Provided that where the canteen is managed by a Co-operative Society, exclusively of workers and registered under the Uttar Pradesh Co-operative Societies Act, 1965 such society may be allowed to include in the charges for the foodstuffs served, a profit up to 5 per cent on its working capital invested in running of the canteen.
(16) In computing the prices referred to in sub-rule (15), the following items of expenditure shall not be taken into consideration but will be borne by the occupier :-
(a) the rent for the land and building;
(b) the depreciation and maintenance charges of the building and equipment provided for the canteen;
(c) the cost of purchase repairs and replacement of equipment including furniture, crockery, cutlery and utensils;
(d) the water charges and expenses for providing lighting and ventilation;
(e) the interest on the amount spent on the provision and maintenance of the building furniture and equipment provided for the canteen;
(f) the cost of fuel required for cooking or heating foodstuffs or water; and
(g) the wages of the employees serving in the canteen and the cost of uniforms, if any, provided to them.
(17) The charge per portion of foodstuff, beverages and any other items served on the canteen shall be conspicuously displayed in the canteen in Hindi.
(18) All books of accounts, registers and any other documents used in connection with the running of the canteen shall be produced on demand to an Inspector of Factories.
(19) The accounts pertaining to the canteen, shall be audited, once every twelve months by registered accountants or auditors the balance-sheet prepared by the said auditors shall be submitted to Canteen Managing Committee not later than two months after the losing of the audited accounts :
Provided that where the canteen is managed by a Co-operative Society, exclusively of workers, and registered under the Uttar Pradesh Co-operative Societies Act, 1965 the accounts pertaining to such canteen may be audited in accordance with the provisions of the Uttar Pradesh Co-operative Societies Act, 1965:
Provided further that the accounts pertaining to the canteens in a Government factory may be audited by its departmental Accounts Officers.
(20) The Manager shall appoint a Canteen Managing Committee which shall be consulted from time to time as to-
(a) The quality and quantity of foodstuff to be served in the canteen;
(b) the arrangements of the menus;
(c) times of meals in the canteen; and
(d) any other matter as may be directed by the Committee :
Provided that where the canteen is managed by a Co-operative Society, exclusively of workers and registered under the Uttar Pradesh Co-operative Societies Act, 1965 it shall not be necessary to appoint a Canteen Managing Committee.
(21) The Canteen Managing Committee shall constitute of an equal number of persons nominated by the occupier and elected by workers the number of elected workers shall be in the proportion of 1 for every 1,000 workers employed in the factory provided that in no case shall there be more than 5 or less than 2 workers on the committee.
(22) The Manager shall determine and supervise the procedure for elections to the Canteen Managing Committee.
(23) Canteen Managing Committee shall be dissolved two years after the last election, no account being taken of a bye-election.
(24) When a rest room made in accordance with rule made under Section 47 of the Act fulfils the requirements necessary for making of a canteen under this rule, no separate canteen need be provided.]
Rules for shelters, rest rooms and lunch rooms
[Section 47]
### 69. Shelters, rest rooms and lunch rooms.
- In every factory (except in the case of factories registered before April 1, 1949, in whose case this rule shall be applicable from April 1, 1951), in which more than 150 workers are ordinarily employed per day, there shall be provided and maintained in good order a rest, shelter or rooms for use of workers. The shelter or rest room or lunch room shall conform to the following standards :
(a) The building shall be soundly constructed and all the walls and roof shall be of suitable heat-resisting materials and shall be water-proof. The floor shall be so laid or finished as to provide a smooth, hard and impervious surface.
(b) The height of every room in the building shall be not less than 12 feet from level floor to the lowest part of the roof and there shall be at least 12 square feet of floor area for every person employed in the largest shift:
Provided that (1) workers, who habitually go home for their meals during the rest periods may be excluded in calculating the number of workers to be accommodated, and (2) in the case of factories in existence at the date of commencement of the Act, where it is impracticable owing to lack of space to provide 12 square feet of floor area for each person, such reduced floor area per person shall be provided as may be approved in writing by the Chief Inspector.
(c) 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.
(d) Every room shall be adequately furnished with chairs or benches with back rests.
(e) Sweepers shall be employed whose primary duty it is to keep the rooms, building and precincts thereof in a clean and tidy condition.
Creches
[Section 48(1) ]
### 70. Creches.
(1) In the case of factories registered before April 1, 1949, this rule shall be applicable from April 1, 1951.
(2) In other factories to which Section 48(1) is applicable, the creche shall conform to the following standards :
(a) The creches shall be conveniently accessible, to the mothers of the children accommodated therein and so far as is reasonably practicable it shall not be situated in close proximity to any part of the factory where obnoxious fumes, dust or smell are given off or in which excessively noisy processes are carried on.
(b) The building in which the creche is situated shall be soundly constructed and all the walls and roof shall be of suitable heat-resisting materials and shall be water-proof. The floor of the creche shall be so laid or finished as to provide a smooth impervious surface.
(c) The height of the rooms in the building shall be not less than 12 feet from the floor to the lowest part of the roof and there shall be not less than 20 square feet of floor area for each child to be accommodated.
(d) Effective and suitable provisions shall be made in every part of the creche for securing and maintaining adequate ventilation by the circulation of fresh air.
(e) The creche shall be adequately furnished and equipped and in particular there shall be one suitable cot or cradle with the necessary bedding for each child, at least one chair or equivalent seating accommodation for the use of each mother while she is feeding or attending to her child and a sufficient supply of suitable toys for the elder children.
(f) A suitably fenced and shady open air playground shall be provided for the elder children :
Provided that the Chief Inspector may by order in writing exempt any factory from compliance with this clause if he is satisfied that there is not sufficient space available for the provisions of such playground.
(g) There shall be in or adjoining the creche a suitable wash-room for the washing of the children and their clothing.
The wash-room shall conform to the following standards:
(i) The floor and internal walls of the room to a height of 3 feet shall be so laid or finished as to provide a smooth impervious surface. The room shall be adequately lighted and ventilated and the floor shall be effectively drained and maintained in a clean and tidy condition.
(ii) There shall be at least one basin or similar vessel for every four children accommodated in the creche at any one time together with a supply of water provided, if practicable, through taps from a source approved by the Health Officer. Such source shall be capable of yielding for each child a supply of at least five gallons of water a day.
(iii) An adequate supply of soap and clean towels shall be available to a mother at all times when her child is in the creche.
(h) At least half a pint of clean pure milk shall be provided free of cost for each child on every day, it is accommodated in the creche and the mother for such a child shall be allowed in the course of her daily work two intervals of at least half an hour to feed the child. For children, who do not require milk an adequate supply of wholesome refreshment shall be provided.
(i) Clothes for creche staff - The creche staff shall be provided with suitable clean clothes for use while on duty in the creche.
(j) Adjoining the washing room referred to above, a latrine shall be provided for the sole use of the children in the creche. The design of latrine and the scale of accommodation to be provided shall either be approved by the Public Health authorities, or where there is no such Public Health authority, by the Chief Inspector of Factories.
Chapter VI
Compensatory Holidays
-------------------------------------
[Section 53]
### 71. Spacing of compulsory holidays.
- Except in the case of workers whose services are being terminated, in whose case the compensatory holiday, if due, may be allowed at one stretch, the holidays allowed under subsection (i) of Section 53 of the Act shall be so spaced that not more than two holidays are given in one week.
### 72. Notice regarding compensatory holidays and subsequent changes.
- The Manager of the factory shall display, on or before the end of the month in which holidays are lost, a notice in respect of workers allowed compensatory holidays during the month the holidays were lost and those to be allowed during the following two months and of the dates thereof, at the place at which the notice of periods of work, prescribed under Section 61 is displayed. Any subsequent change in the notice in respect of any compensatory holidays shall be made not less than three days in advance of the date of that holiday.
### 73. Discharge or dismissal and compensatory holidays.
- Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal. The compensatory holidays will be with pay in cases of monthly paid workers and those who are otherwise entitled to wages on the corresponding rest day which is being compensated.
### 74. Weekly holidays and attendance register.
(1) The Manager shall enter the details of weekly holidays lost and compensated for in the prescribed attendance register in Form Nos. 12 and 13 :
Provided that, if the Chief Inspector of Factories is of the opinion that any muster roll or register maintained as part of the routine of the factory or return made by the Manager, gives in respect of any or all the workers in the factory the particulars required for the enforcement of Section 53, he may, by order in writing, direct that such muster roll or register or return shall, to the corresponding extent, be maintained in place of and be treated as the register or return required under this rule for that factory.
(2) The register maintained under sub-rule (1) shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.
Overlapping shifts
[Sections 58(2) and 112]
### 75. [Deleted]
[Deleted by Notification No. 21 (SM) /XXXVI-1019 (SM)-57, dated June 13, 1958.]
Overtime
[Section 59(5) ]
### 76. [
[Inserted by Notification No. 416 (LL) /XXXVI (B)-155 (L)-53, dated May 19, 1954.]
(1) For the purposes of Section 59, the cash equivalent to the advantage accruing through the concessional sale to a worker of food grains and other articles during any wage period shall be computed by deducting :-
(a) the total amount of the price payable at the concessional rates for the maximum quantity of food grains admissible to a standard family, as defined in Explanation 1 to sub-section (4) of the said section,
(b) from the total amount of the price payable for the same quantity of food grains and other articles at the average market rates which shall be determined either on the basis of the retail prices for such food grains and other articles prevailing in the nearest market or according to the rates published by the Labour Commissioner, for the different weeks of the wage period, in the table relating to the Consumers Price Index Number for working classes at Kanpur.
(2) The computation of the cash equivalent to such advantage in the manner indicated in sub-rule (1) above, shall be made for every period :
Provided that sub-rules (1) and (2) shall not apply to any Federal Railway factory whose alternative method of computation has been approved by the State Government.
(3) The Manager of every factory in which workers are exempted under Section 64 or 65 from the provisions of Section 51 or 54 shall maintain at overtime register in Form No. 10.
(4) (a)
The register shall be correctly maintained and entries made daily in respect of each worker working overtime and shall be preserved for a period of three years after the date of last entry.
(b) The register prescribed under sub-rule (1) shall be produced on demand by an Inspector irrespective of the fact whether the Manager was present in the factory or not during inspection.]
(5) [ The exact period of the intended overtime work and the date and the time of commencement shall be entered in overtime slips, in duplicate, a copy of which signed by the Manager or by a person duly authorised by him, shall be given to the worker employed on such overtime before the commencement of the same. Time of completion of overtime work shall also be entered in the said slips by the Manager or his nominee immediately after the overtime work ends.]
[Inserted by Notification No. 5212 (SM) XXXVI (A)-1089 (SM)-58, dated November 15, 1960, published in U.P. Gazette, Part I-A, dated November 19, 1960.]
Notice of period for work for adults
[Section 61(8) ]
### 77. The notice prescribed under Section 61 of the Act shall be in Form No. 11.
Register of adult workers
[Section 62]
### 78. (1) The Manager of every factory shall keep, legibly written in ink and, if he so desires, separately by departments, a register of workers in Form No. 12 for adults, showing the dates, whether Sundays or week days on which the factory or any department thereof is closed and its employees are not working, the hours of work on each day of all the persons working in the factory, the time of commencing work, the rest period, the time of ending work, the days of absence and nature of employment of each person. Entries relating to presence or otherwise of all workers shall be posted group-wise in the register within four hours of the starting time of each working period of the factory, except on days when workers have been called to work on weekly holidays fixed under Section 52, when such entries shall be made within two hours but the name of each worker shall invariably be shown on the register before he or she is allowed to work in the factory on any day.
(2) The Manager shall be responsible for the production, on demand of the register, irrespective of the fact whether he (the Manager) is present or not in the factory during an inspection.
(3) If a Manager prefers, he may maintain the separate registers in two parts one for each half of the month.
(4) The registers shall be preserved for three years after the close of the year to which they relate.
Persons Holding Positions of Supervision or Management
[Section 64(1) ]
### 79. [
[Rules 79 to 96-B Substituted by Notification No. 5191 (V) /XXXVI-3-2027 (F)-25, dated 16.10.1980 (w.e.f. 16.101980).]
(1) The following persons in Factories, other than sugar factories, shall be deemed to hold positions of supervision or management, provided they are not required to perform manual labour as regular part of their duties:
(i) The Manager;
(ii) The Assistant Manager;
(iii) Mill Secretary;
(iv) Deputy Mill Secretary;
(v) Labour Officer;
(vi) Security Officer;
(vii) Heads of Technical Department;
(viii) Engineers;
(ix) Assistant Engineers;
(x) Foreman;
(xi) Assistant Foreman;
(xii) Chargeman;
(xiii) Overseers;
(xiv) Jobbers in Textile Factories;
(xv) Supervisors;
(xvi) Shift Officer;
(xvii) Shift Incharge;
(xviii) Paper makers;
(xix) Head Storekeepers provided they are employed solely in a supervisory capacity;
(xx) Any other person, who in the opinion of the State Government holds a position of supervision or management and is so declared by it in writing.
(2) In sugar factories, the following persons shall be deemed to hold positions of supervision or management:
(i) The General Manager;
(ii) The Manager;
(iii) The Mill Secretary;
(iv) The Deputy Mill Secretary;
(v) The Cane Manager;
(vi) The Cane Superintendent, where there is no Cane Manager;
(vii) The Chief Chemist;
(viii) The Labour Welfare Officer;
(ix) The Chief Engineer;
(x) The Secretary to the Managing Agent or the Personal Assistant to the General Manager;
(xi) The Cane Development Officer;
(xii) Heads of Commercial Department, like accounts, purchase, store, legal catering, etc.;
(xiii) Any person who, in the opinion of the State Government, holds a position of supervision or management and is so declared by it in writing.
### 80. The following persons shall be deemed to hold confidential positions in a Factory:
(i) Stenographers;
(ii) Personal Assistants;
(iii) Personal Secretaries;
(iv) Office Superintendent;
(v) Head Clerk, where there is no Office Superintendent;
(vi) Head Munim where there is no Office Superintendent or Head Clerk;
(vii) Head Accountant;
(viii) Head Cashier;
(ix) Cashier;
(x) Head Time-keeper;
(xi) Telephone Operator;
(xii) Receptionist;
(xiii) Any other person, who in the opinion of the State Government, holds a confidential position and is so declared in writing by it.
### 81. A list of all the workers in a factory to whom the provisions of Section 64(1) apply, shall be kept in Form No. 6 in the Inspection Book, after it has been approved by the Inspector.
Urgent Repairs
[Section 64(2) (a)]
### 82. Subject to the conditions stated below the work of adult male workers employed on urgent repairs in any factory shall be exempt from the provisions of Sections 51, 52, 54, 55 and 56.
Conditions
(i) When the cast of urgent repairs has arisen, a notice shall be sent within 24 hours of the commencement of the employment of persons employed to carry out the said repairs to the inspector of factories of the region concerned in writing stating the names of persons employed, the precise nature of work and the exact time of commencement of such works. A copy of the said notice shall be affixed at the place mentioned in Section 108(2) before the workers are put on urgent repairs.
(ii) A rest period of one hour shall be given as work permits during the working hours.
(ii) No workers shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.
(iv) All the workers working in excess of nine hours a day or 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provision of sub-section (1) of Section 59 of the Act.
(v) Every worker shall be given compensatory holiday in accordance with Section 53 of the Act.
Note. - For the purpose of this rule expression "urgent repairs" means (a) any repair to the main driving machinery, and plant necessary to prevent or remedy a breakdown that may cause or has caused, a stoppage of the whole or part of manufacturing process or (b) repairs that are of such nature that failure to execute them would cause a stoppage or serious interruption of a public service :
Provided that periodical overhaul or repairs to any machinery in a factory shall not be deemed to be "Urgent Repairs".
Loading and Unloading of Railway Wages and Certain Categories of Clerical Staff
[Sections 64 (2) (1) and 112]
### 83. [
[Substituted by Notification No. 2088/XXXVI-3-2016(F) -77-CA-63-1948-Rule-1950-AM (53)-1986, dated 7th August, 1986, published in U.P. Gazette (Extraordinary), Part Section (Kha), dated 7th August, 1986.]
The work of male adult workers engaged on loading and unloading of railway wagons, lorries or trucks and that of clerical workers employed in connection with the urgent work of stock taking and the preparation of returns the submission of which could not be foreseen shall be exempt from the provisions of Sections 51, 52, 54, 55 and 56 of the Act, Subject to the following conditions:
(i) Where possible a message by telegram or telephone shall be sent immediately after such work has arisen, followed by a notice which shall be sent, within 24 hours of the commencement of the employment of the workers employed to carry out such work, to the Inspector of Factories of the region concerned in writing stating the names of the workers employed, the precise nature of work and the exact time of commencement of such work. A copy of the said notice shall be affixed at the place mentioned in sub-section (2) of Section 108 of the Act before the workers are put on any such work.
(ii) Total daily hours of work shall not exceed 10 the total spread over being limited to 12 hours in any one day and total hours of overtime work shall not exceed 50 in any quarter.
(iii) The weekly hours of work shall not exceed 60.
(iv) A rest period of one hour shall be given as work permits during the working hours.
(v) No worker shall be employed for such work for more than 14 consecutive days without a holiday of 24 consecutive hours.
(vi) All the workers working in excess of 9 hours per day or 48 hours per week shall be paid in respect of such additional hours at the rate of twice the ordinary rate of wages in accordance with the provisions of sub-section (1) of Section 59 of the Act.
(vii) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.]
Maintenance Staff
[Section 64(2) (6)]
### 84. (a) The work of the following classes of adult workers shall be deemed to be of the nature referred to in clause (b) of sub-section (2) of Section. 64 of the Act, and such workers shall be exempt from the provisions of the sections of the Act mentioned against each :
(i) Engine drivers, firemen, coal men, oilmen, rope and belt men, fitters, welders, electricians, machine men, blacksmith, carpenters, masons and their assistants when employed solely for the purpose of maintenance of a power plant and transmission machinery of a factory, from the provisions of Sections 51, 55 and 56.
(ii) Workers employed solely in water supply lighting, ventilating, air conditioning, humidifying, fire extinguishing and the cleaning of blow room flues, from the provisions of Section 56.
Explanation. - "Maintenance" for the purpose of this rule means the upkeep and repairs to power plant, transmission machinery, electric-motors and their switchgear and cables, but shall not include the repairs of adjustment of manufacturing machines and their ropes and belts.
(b) An exemption under this Rule shall be subject to the following conditions:
(i) A period of rest of one hour shall be given during each shift.
(ii) The total hours of overtime work shall not exceed 50 in any one quarter, the total spread over being limited to 12 hours in any one day.
(iii) All workers working in excess of 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of wages in accordance with the provisions of sub-section (1) of Section 59 of the Act.
(iv) The periods of work of maintenance staff shall be indicated before hand in Form No. 11.
Foundries
[Section 64(2) (b)]
### 85. The work of adult male workers employed in foundries on the cupola and casting on the day cupola is worked, shall be deemed to be of the nature referred to in clause (b) of sub-section (2) of Section 64 and such workers shall be exempt from the provisions of Sections 51, 54, 55 and 56 subject to the following conditions:-
Conditions
(i) A notice giving the names of such workers as are employed, showing their working hours on the day on which the exemption is availed of, should be displayed before the work beyond the hours fixed in Form No. 11 is commenced and a copy of the same should be sent to the Chief Inspector and the Inspector concerned.
(ii) Total daily hours of work shall not exceed 10 and the total hours of overtime work shall not exceed 50 in any one quarter, the total, spread over being limited to twelve hours in any one day.
(iii) A minimum interval of rest of half an hour shall be given at any time during the working hours.
(iv) The weekly hours shall not exceed 52.
(v) All workers working excess of 9 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.
Brassware Factories
[Section 64(2) (b)]
### 85A. The work of male adult workers employed in Brassware Factories on melting moulding and rolling process on the day the non-ferrous metal or alloy is melted in crucibles, shall be deemed to be of the nature referred to in clause (b) of sub-section (2) of Section 64 and the provisions of Sections 51, 54, 55 and 56 shall not apply to such workers subject to the following conditions :
Conditions
(i) The notice giving the names of such workers as are employed and showing their working hours on the day on which the exemption is availed on by the occupier of the factory should be displayed before the work beyond the hours fixed in Form No. 11 is commenced and a copy of the same should be sent to the Chief Inspector and the Inspector concerned.
(ii) Total daily hours of work shall not exceed 10 and the total hours of overtime work shall not exceed 50 in any one quarter, the total spread over being limited to 12 hours on any one day.
(iii) An interval of rest of at least half an hour shall be given at any time during the working hours.
(iv) The weekly hours of work shall not exceed 52.
(v) All workers working in excess of 9 hours a day and 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of subsection (1) of Section 59.
Shellac Factories
[Section 64(2) (c)]
### 85B. The work of adult workers employed in filtering Shellac in Bhattaghar in Shellac factories shall be deemed to be of the nature referred to in clause (c) of sub-section (2) of Section 64 and shall be exempt from the provisions of Section 55, subject to the conditions that facilities for bathing and taking refreshment shall be allowed.
Continuous Process Factories
[Section 64(2) (d)]
### 86. [
[Substituted by Notification No. 3743/XXXVI-3-98-6 (F) -98, dated December 11, 1998, published in the U.P. Gazette (Extraordinary), Part 4, Section (Kha), dated 11th December, 1998.]
The following classes of work in the under mentioned classes of factories shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act and shall be exempt from the provisions of Sections 51, 52, 54, 55 and 56 of the Act subject to the conditions stated below :
| | | |
| --- | --- | --- |
|
Classes of Factories
|
|
Class of work
|
|
(i) Electrical Generating stations and Distributing
substations.
|
|
Work of male adult workers attending to boilers
turbines, engines, generators, motors, boosters, switchboards,
transmission machinery, cables, batteries and auxiliaries.
|
|
(ii) Waterworks and water pumping stations.
|
|
Work of male adult workers attending to boilers,
engines, motors, switchboards, pumps and auxiliaries.
|
|
(iii) Sugar Factories and refineries working on the vacuum pan
system.
|
|
Work of male adult workers attending to-
|
|
|
|
(a) |
boilers, engines, motors, switchboards and
pumps;
|
|
|
|
(b) |
handling and crushing cane and handling gur to
melting blow-ups;
|
|
|
|
(c) |
engaged in filtration, clarification and
crystallization and cane juice and gur liquor;
|
|
|
|
(d) |
engaged in evaporation and concentration of cane
juice and gur liquor;
|
|
|
|
(e) |
engaged in curing the massacuite;
|
|
|
|
(f) |
engaged in drying, crushing and bagging of
sugar;
|
|
|
|
(g) |
engaged in the burning of lime stone and
sulphur, for production of carbon dioxide and sulphur dioxide
gases, for the clarification of cane juice.
|
|
(iv) Distilleries
|
|
The work of male adult workers attending to-
|
|
|
|
(a) |
boilers, engines, motors, switchboards and
pumps;
|
|
|
|
(b) |
diffusion of mahua;
|
|
|
|
(c) |
working of molasses;
|
|
|
|
(d) |
fermentation of wash;
|
|
|
|
(e) |
yeast propagation;
|
|
|
|
(f) |
distillation process.
|
|
(v) Breweries
|
|
The work of male adult workers attending to-
|
|
|
|
(a) |
boilers, engines and pumps;
|
|
|
|
(b) |
melting, coppers, hopback, coolers and
refrigerators.
|
|
(vi) Rosin and Turpentine.
|
|
The work of male adult workers attending to-
|
|
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(a) |
boilers, engines, pumps, motors and
switch-board;
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(b) |
distillation of rosin;
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(c) |
refining of turpentine;
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(d) |
filtration and casting of rosin.
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(vii) Ice factories
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The work of male adult workers attending to-
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|
|
(a) |
boilers and ice-making machinery;
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|
|
(b) |
receptacles for the production of ice.
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(viii) Chemical works
|
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The work of male adult workers attending to-
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|
(a) |
boilers, pumps and compressors;
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(b) |
the manufacture of sulphuric, nitric and
hydrochloric acids, ammonia, magnesium sulphate, alum,
hyposulphite and sulphite of soda, sodium sulphate, sodium
sulphide, nitrate of potash, alumina and bichromate of potash.
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(ix) Distillation of sandal wood and essential oils.
|
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The work of male adult workers attending to
boilers and distillation processes.
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(x) Plate and sheet glass factories and glass bangles
factories.
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The work of the following classes of male adult
workers-
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(a) |
gas producers, window and plate glass
machinemen, tankmen, sheet-glass carriers and lift attendants and
workers employed on glass blowing machines in tank and pot
furnaces when run in conjunction with the glass furnace;
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(b) |
firemen, engine and boiler attendants.
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(xi) Straw-boards factories.
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The work of male adult workers attending to-
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|
|
(a) |
boilers, engines, turbines, generators, motors,
switch-boards and pumps;
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|
(b) |
cooking, milling, beating and straw-board
machines.
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(xii) Kiln, seasoning of timber and bobbin stone enamelling.
|
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The work of male adult workers attending to-
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|
|
(a) |
boilers, engines, pumps, motors, dynamos and
switch-boards;
|
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|
|
(b) |
Timber, seasoning Kiln.
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|
(c) |
stone-enamelling chamber.
|
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(xiii) Vegetable oil Hydrogenation factories.
|
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The work of male adult workers attending to-
|
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|
|
(a) |
boilers, generators, motors, transformers,
switch-boards and water softening plants;
|
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|
|
(b) |
refining, bleaching, distillation
(deodorization) and hardening plants, soldering, labelling,
packing and storing of containers;
|
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|
|
(c) |
the production and compression of hydrogen and
oxygen gases;
|
|
(xiv) Production and or compression of oxygen and acetylene
gases.
|
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The work of male adult workers attending to
generator and compressors.
|
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(xv) Soap factories
|
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The work of male adult workers attending to-
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|
|
(a) |
boilers, generators, motors, switch-boards; and
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|
|
(b) |
boiling, scrutching and framing.
|
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(xvi) Paper mills
|
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The work of male adult workers attending to-
|
|
|
|
(a) |
boilers, engines, turbines, generators, motors,
switch-boards and pumps;
|
|
|
|
(b) |
cooking, milling, beating, straw-board and paper
manufacturing machines.
|
|
(xvii) Electrical steel smelting furnaces.
|
|
Work of male adult workers attending to
transformers, electrode controls, hydraulic pumps, scrap cutting
and transporting, furnacemen, ladenmen, pitside workers and
workers attending to moulds for ingot.
|
|
(xviii) Rolling mills
|
|
Ingot transporters, furnacemen, furnace coolies,
tongsmen working at various rolling mills (such as roughers and
loopers) workers on the cooling bed, motormen, straighteners,
workers engaged in stacking of finished material and attendants
of shares and other auxiliary machinery.
|
|
(xix) Starch factories
|
|
Work of male adult workers engaged in the
manufacture of starch and its by-products, except those employed
in the engineering departments and workshops.
|
|
(xx) Glue and Gelatine mills.
|
|
Work of male adult workers engaged in the
manufacture of glue and gelatine, including soaking, boiling,
spreading, chopping and drying.
|
|
(xxi) Biscuit factories
|
|
Work of male adult workers engaged in the mixing
of the dough, baking, drying, and packing biscuits.
|
|
(xxii) Cement factories
|
|
The work of male adult workers-
|
|
|
|
(a) |
attending to boilers, engines, motors,
switch-boards and pumps;
|
|
|
|
(b) |
engaged in preparation of raw materials, cement
mills, working in conjunction with the continuous kilns, cement
grinding, packing and storing.
|
|
(xxiii) Cold storage factories.
|
|
Work of male adult workers attending to motors
and compressors.
|
|
(xxiii-A) Capacitors making factories.
|
|
Work of male adult workers engaged in Anodic,
forming of Aluminium foils and other connected processes.
|
|
(xxiv) All factories
|
|
Work of male adult workers attending boilers.
|
|
(xxv) Manufacture of Audi-Video, magnetic tape
|
|
Work of male adult workers-
|
|
|
|
(a) |
engaged in operations and process of mixing
coating, calendering, and utility services, and
|
|
|
|
(b) |
attending to plane, tery mixing machine, high
speed dissolver, puddle mixer, media mill, tank mixer, sand mill
filter unit; coating machine, calendering machine; air
compressors, air handling unit, chilling plant and cooling
towers.
|
Conditions
(i) Such workers shall be employed on three eight-hour shifts system. An interval for rest of half an hour shall be allowed to every such worker some time during each shift he is required to work.
(ii) No such workers shall be employed for more than fourteen consecutive days without a holiday of twenty-four consecutive hours.
(iii) The total daily hours of work shall not exceed 10 with a spread over of 12 hours except in an emergency when it is necessary to employ a shift worker for more than 8 hours in any day to enable him to work whole or part of the subsequent shift. In no case shall the worker be employed for more than 16 hours in a period of 24 hours from the commencement of work, and the total number of hours of overtime shall also not exceed 50 in any quarter:
Provided that where subsequent shift or any part thereof during which a shift worker is employed as aforesaid falls on a weekly holiday, compensatory period of rest shall also be given on a day which is neither a festival nor a weekly holiday.
Also when a worker is so employed the Manager shall within seven days inform the Inspector of Form No. 10 and shall intimate the date of compensatory period of rest to be given.
The Manager shall also enter the period of extra time worked and the extent of compensatory period of rest in the respective registers and shall note therein the time of commencement of such extra time work before its commencement.
(iv) The system of shifts shall be approved by an Inspector before enforcement.
(v) All workers working in excess of 9 hours a day or 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of any in -accordance with the provisions of sub-section (1) of Section 59 of the Act.
(vi) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.]
Wood Products (Cutch and Katha) Factories
[Section 64(2) (d)]
### 87. The work of adult male workers employed on engines, boilers, motors, switch boards, pumps, mechanical sawing and chipping, autoclaves, evaporation, refrigeration, Alteration and drying in wood product factories shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act and shall be exempt from the provisions of Sections 51, 54 and 56 subject to the conditions stated below:
(i) [ The total daily hours of work shall not exceed 10 with a spreadover of 12 hours except in an emergency when it is necessary to employ a shift worker for more than 8 hours in any day to enable him to work the whole or part of the subsequent shift. In no case shall the worker be employed for more than 16 hours in a period of 24 hours from the commencement of work and the total number of hours of overtime shall also not exceed 50 in any quarter:
[Substituted by Notification No. 3791 (V) /XXXVI/5-2092-(TD)-71, dated 19-3-1976, published in U.P. Gazette, Part I-ka, dated 27-3-1976, pp. 837-839.]
Provided that where subsequent shift or any part thereof during which a shift worker is employed as aforesaid falls on a weekly holiday, compensatory period of rest shall also be given.
Also when a worker is so employed the Manager shall within seven days inform the Inspector of Factories in Form No. 10 and shall intimate the date of compensatory period of rest to be given. The Manager shall also enter the period of extra time worked and the extent of compensatory. period of rest in the respective register and shall note therein the time of commencement of such extra time work before its commencement.]
(ii) All the workers working in excess of 9 hours a day or 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.
Glass Works
[Section 64(2) (d)]
### 88. The work of all adult workers, employed in glass factories on all work and processes from the mixing of the batch to the removal of the manufactured glassware from the lehrs or annealing chamber, shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act and shall be exempt from the provisions of Sections 51 and 52 subject to the conditions stated below :
Conditions
(i) The daily hours of work shall not exceed 8 and the weekly hours of work 56. The total hours of overtime shall not exceed 50 in any one quarter.
(ii) No persons shall be employed for more than 14 consecutive days4 without a holiday of 24 consecutive hours.
(iii) All workers working in excess of 18 hours per week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (?) of Section 59 of the Act.
(iv) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.
Vegetable Oil Mills
[Section 64(2) (d)]
### 89. The work of adult male workers employed on manufacturing processes in mills, shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act and shall be exempt from the provisions of Section 55 of the Act subject to the conditions stated below :
Conditions
(i) The shift system shall be approved by an Inspector of Factories.
(ii) A rest period of half-an-hour shall be given to each worker during each shift.
[Rigid Polyvinyl Chloride Pipe Manufacturing Factories
[Inserted by Notification No. 2088/XXXVI/-3-2016(F) -77-CA-63-1948-Rule 1950-AM(53)-1986, dated 7th August, 1986, published in U.P. Gazette, (Extraordinary), Part 4, Section (kha) dated 7th August, 1986.]
[Section 64(2) (d)]
### 89A. The work of adult male workers employed on manufacturing process in rigid polyvinyl chloride pipe manufacturing factories shall be deemed to be of the nature referred in clause (d) of sub-section (2) of Section 64 of the Act and shall be exempt from the provisions of Section 55 of the Act subject to the conditions stated below :
Conditions
(1) the shift system shall be approved by an Inspector of Factories.
(2) A rest period of half an hour shall be given to each worker during each shift.]
Sizing, Dyeing, Bleaching and Cloth Printing
[Section 64(2) (d)]
### 90. The work of adult workers employed on the process of keirboiling, chemicking, scouring, washing, jig and yarn dyeing, padding, drying, mercerising, printing, colour mixing, steaming, singeing, edging, calendering, sizing and size mixing, dyeing and bleaching shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Sections 51 and 55 subject to the following conditions:
Conditions
(i) The daily hours of work shall not exceed 9 and the weekly hours of work 54. A rest interval of half an hour shall be given during each shift. The total hours of overtime shall not exceed 50 in any quarter.
(ii) All workers working in excess of 48 hours per week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.
Tanneries
[Section 64(2) (d)]
### 91. The work of adult workers employed in soaking, liming, washing, bathing, tanning and drying of hides, kips and skins in tanneries shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act, and shall be exempt from Sections 51 and 52 of the Act subject to the conditions stated below:
Conditions
(i) No worker shall be employed for more than 4 hours on any Sunday.
(ii) No worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.
(iii) The total hours of overtime work shall not exceed 50 in any one quarter.
(iv) All workers working in excess of 48 hours per week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of the pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.
(v) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.
Preparation, Packing and Despatch of Serum and Vaccine
[Section 64 (2) (e)]
### 92. The work of adult workers employed in the preparation, packing and despatch of serum and vaccine in factories manufacturing serum and vaccine shall be deemed to be of the nature referred to in clause (e) of subsection (2) of Section 64 of the Act, and shall be exempt from the provisions of Section 52 subject to the following conditions :
Conditions
(i) No such worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.
(ii) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.
Dairies
[Section 64(2) (e)]
### 93. The work of adult male workers employed in dairy factories other than those engaged in printing and in the manufacturing of containers for milk, cream, cheese and butter shall be deemed to be of the nature referred to in clause (e) of sub-section (2) of Section 64 of the Act, and shall be exempt from Section 52 subject to the conditions stated below :
Conditions
(i) No such worker shall be employed for more than 8 hours on Sunday.
(ii) No such worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.
(iii) Every such worker shall be given a compensatory holiday in accordance with Section 53 of the Act.
Rice Mills
[Section 64 (2) (f)]
### 94. The work of adult workers employed in moving the railway wagons and on drying platforms in the rice mills shall be deemed to be of the nature referred to in class (f) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Section 52 subject to the conditions stated below :
Conditions
(i) No such worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.
(ii) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.
Opium Factories
[Section 64(2) (g)]
### 95. The work of adult workers employed in opium factories and engaged in removing opium from railway wagons to the import shed, from April 1 to June 30, in each year, shall be deemed to be of the nature referred to in clause (f) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Section 52 of the Act subject to the conditions stated below :
Conditions
(i) No worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.
(ii) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.
Tea Factories
[Section 64(2) (g)]
### 96. The work of adult workers attending to boilers or engines or engaged in the process of rolling, fermenting, firing, serving, stewing, picking and packing in factories situated on, and used solely for the purposes of tea plantations shall be deemed to be of the nature referred to in clause (g) of subsection (2) of Section 64 of the Act, and shall be exempt from the provisions of Sections 52 and 55 from April 1 to November 30 each year, provided that the following conditions are observed :
Conditions
(i) The number of workers employed on a particular piece of work shall always be at least 25 per cent greater than the number actually required to do the work at any given time.
(ii) No worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.
(iii) A rest interval of half-an-hour shall be given during the working hours.
(iv) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.
Khandsari Factories
[Section 64(2) (g)]
### 96A. Khandsari Factories.
- The work of adult workers employed on drying of sugar in Khandsari Factories shall be deemed to be of nature referred to in clause (g) of sub-section (2) of Section 64 and shall be exempt from the provisions of Sections 52 and 55 subject to the following conditions-
Conditions
(i) No worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.
(ii) A rest interval of half-an-hour shall be given during the working hours.
(iii) Every worker shall be given a compensatory holiday in accordance with Section 53.
Printing Press
[Section 64(2) (i)]
### 96B. Printing Press.
- The work of male adult workers engaged in the printing of newspapers, who are held up on account of break-down of machinery shall be
deemed to be of the nature referred to in clause (i) of sub-section (2) of Section 64 and^shall be exempt from the provisions of Sections 51, 54 and 56 subject to the conditions stated below :
Conditions
(i) Total hours of work shall not exceed 10 and the total hours of overtime work shall not exceed 50 in any one quarter, the total spread over being limited 12 hours inclusive of rest interval in any one day.
(ii) All workers working in excess of 9 hours a day or 48 hours a week in a factory, shall be paid in respect of additional hours at the rate of twice the ordinary rate of wages in accordance with the provisions of sub-section (1) of Section 59 of the Act.]
Work of National Importance
[Section 64 (2) (k)]
### 96C. [ Work of National importance.
[Inserted by Notification No. 5083/XXXVI-3-67 (F) -86, dated December 19, 1990, published in U.P. Gazette, (Extraordinary), Part 4, Section (kha) dated 19th December, 1990.]
- The male adult workers, employed in any factory, clause or description of factory and engaged in the work notified in the official Gazette by the State Government as a work of national importance under clause (k) of sub-section (2) of Section 64 shall be exempt, from the provisions of Section 51, Section 52, Section 54, Section 55 and Section 56 of the said Act subject to the conditions that:-
(i) The total number of hours of work shall not exceed ten hours in any one day;
(ii) the period of work inclusive of intervals for rest shall not spread over more than twelve hours in any one day;
(iii) the total number of hours of work in any one week, including overtime, shall not exceed sixty;
(iv) the total number of hours of overtime shall not exceed fifty for any one quarter;
(v) every worker shall be given compensatory holidays as provided under Section 53 of the Factories Act, 1948;
(vi) an interval for rest of at least half an hour in a day shall be given to a worker during the working hours after five hours of work;
(vii) all workers working in a factory for more than nine hours in a day or for more than forty eight hours in a week shall be paid in respect of such additional hours at the rate twice his ordinary rate of wage as provided under sub-section (1) of Section 59 of the Factories Act, 1948; and
(viii) no worker shall be employed for more than fourteen consecutive days without a holiday of twenty four consecutive hours.]
Jute and Hemp Baling Factories
[Section 65(1) ]
### 97. Jute and Hemp Baling Factories.
- The work of adult workers exclusively employed in the progress of hemp cleaning, assorting and combing (with the exception of mechanical and press house staff) shall be deemed to be of the nature referred to in sub-section (1) of Section 65 and such workers shall be exempted from the provisions of Section 61 subject of the following conditions :
Conditions
(i) No such adult workers shall be employed on Sunday.
(ii) The periods of work for adult workers shall be within the limits of 6 a.m. and 6 p.m. or where the Chief Inspector of Factories by order in writing so directs within the limits of 7 a.m. and 7 p.m.
(iii) The Manager or occupier of any such factory shall before he avails himself of an exemption granted under the preceding condition by the Chief Inspector of Factories, serve on the Inspector and display in the factory a notice of his intention to do so, in accordance with the provisions of sub-section (2) of Section 108 of the Act, and shall keep the notice so displayed for such period as he avails himself of the exemption.
(iv) No person shall be allowed to work in a factory until the exact time of commencement of work and its duration has already been posted in the register in Form No. 12 against the name of each worker before its commencement.
Provisions for Exceptional Pressure of Work
[Section 65(2) ]
### 98. When a written exemption order is issued by the Chief Inspector under Section 65(2) , he shall at once submit a copy of his order, together with a report of the circumstances, to the State Government, which may confirm or modify or rescind the order.
Chapter VII
Notice of Periods of Work for Children
-------------------------------------------------------
(Section 72)
### 99. The notice prescribed under Section 72 of the Act shall be in Form No. 11.
Register of Child Workers
(Section 73)
### 100. The Manager of every factory shall keep legibly written in ink, and, if he so desires, separately by departments, a register in Form No. 13, for child workers, showing the dates, whether Sundays or week days, on which the factory, or any department thereof, is closed and its employees are not working, the hours of work on each day of all the person working in the factory, the time of commencing work, rest periods, the time of ending work, the days of absence, and the nature of the employment of each person. Entries relating to presence or otherwise of all workers shall be posted in the register within four hours of the starting time of each working period of the factory, except on days when workers have been called to work on weekly holidays fixed under Section 52 when such entries shall be made within two hours but the name of each worker shall invariably be shown on the register before he or she is allowed to work in the factory.
Duties of Certifying Surgeon
[Section 76(c) and (d)]
### 101. (a) The duties of a certifying surgeon appointed under Section 10(1) of the Act shall comprise the examination of young persons, desirous of being employed, and the re-examination of young person in respect of whom a notice under Section 75 has been served upon the Manager or who desires to be re-employed. Certificate of age and fitness shall be given only to such young persons as are found qualified to receive them on a fee of annas eight per young person being charged for such examination from the occupier or Manager of the factory.
(b) The certifying surgeon shall fix such date and place and time as may be mutually convenient for the attendance of persons wishing to obtain certificates of age and physical fitness. He shall give notice of the place, date and time thus fixed to the Manager of the factory within the local limits for which he is appointed.
Chapter VIII
Leave With Wages
----------------------------------
[Section [79(8) , 80, 83 and 112]
[Added by Notification No. 21 (SM) /XXXVI-A-1019 (SM)-57, dated June 13, 1958.]
]
### 102. Leave with wages.
(a) The Manager shall keep a register in Form No. 14 hereinafter called the leave with wages register, which shall be filled weekly or fortnightly or at least once a month :
Provided that, if the Chief Inspector of Factories is of the opinion that any muster roll or register maintained as part of the routine of the factory, or return made by the Manager, gives in respect of any or all the workers in the factory the particulars required for the enforcement of Chapter VIII of the Act, he may, by order in writing, direct that such muster roll or register or return shall, to the corresponding extent, be maintained in place of and be treated as the register or return required under this rule in respect of that factory.
(b) The leave with wages register shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.
### 102A. [ Manner of choosing representative.
[Added by Notification No. 975 (SM) /XXXVI-A-1284 (SM)-57, dated February 9, 1959.]
- The representative of the workers of a committee for the purposes of sub-section (8) of Section 79 shall be chosen by election through ballot.]
### 103. Leave book.
- (i) The Manager shall provide each worker with a book in Form No. 15 (hereinafter called the leave book). The leave books shall be the property of the worker and the Manager or his agent shall not demand it except to make entries of the dates of leave or interruption in service and shall not keep it for more than a week at a time. Workers shall submit the leave book when required by the Manager within three days.
(ii) If a worker loses his leave book, the Manager shall provide him with another copy on the payment of four annas and shall complete it from his record.
### 104. [ Medical certificate.
[Substituted by Labour (A) Department Notification No. 21 (SM)/XXXVI-A-11019(SM)-57, dated June 13, 1958.]
- If any worker is absent from work due to his illness and he wants to avail himself of the leave with wages due to him to cover the whole or a part of the period of his illness under the provisions of clause (7) of Section 79, he shall, if required by the Manager produce a medical certificate signed by a registered medical practitioner or by a registered or recognized Vaid or Hakim, stating the cause of the absence and the period for which the worker is, in the opinion of such medical practitioner unable to attend to his work, or other reliable evidence to prove that he was actually sick during the period for which the leave is to be availed of.]
### 105. The cash equivalent to the advantage accruing through the concessional sale of foodgrains and other articles, payable to the workers proceeding on leave, shall be the difference between the value at the average market rates, prevailing during the month immediately preceding his leave and the value at the concessional rates of foodgrains and other articles to which he is entitled.
For the purpose of the cash equivalent, monthly average market rates of foodgrain and other articles shall be computed at the end of every month.
The average market rates shall be determined in accordance with the cost of living indices published from time to time by the Labour Commissioner, Uttar Pradesh :
Provided that if retail prices for any particular centre are not published by the Labour Commissioner, Uttar Pradesh, retail prices prevailing in the main market in that centre, or, if there is no market in the centre, the nearest market, shall be taken into account for this purpose.
### 106. Grant of leave with wages.
- A worker may exchange, the period of his leave with another worker, subject to the approval of the Manager.
### 107. [ Payment of wages if the worker dies.
[Substituted by Notification No. 21 (SM) /XXXVI-A-11019(SM)-57, dated June 13, 1958.]
(1) Where a worker dies before he resumes work, the balance of his pay, due for the period of leave with wages not availed of shall be paid to his nominee within one month of the receipt of intimation of the death of the worker.
(2) Each worker shall submit a nomination in Form No. 16, duly signed by himself or herself and attested by two witnesses. The nomination shall remain in force until it is revised or cancelled by another nomination.]
### 108. Register for exemption under Section 84.
(1) Where an exemption is granted under Section 84, the Manager shall maintain a register showing the position of each worker as regards leave due, taken and wages granted.
(2) He shall display at the place indicated in Section 108(2) a notice giving full details of the system established in the factory for leave with wages and shall send a copy of it to the Inspector.
(3) No alteration shall be made in the scheme approved by the State Government at the time of granting exemption under Section 84 without its previous sanction.
Chapter IX
Special Provisions
----------------------------------
Rules prescribed under Section 87
### 109. [ Dangerous manufacturing process of operations.
[Substituted by Notification No. 1028/XXXVI-3-28-(F) -94, dated 7th April, 1997, published in U.P. Gazette (Extraordinary), Part 4, Section (kha), dated 7th April, 1997.]
- The following manufacturing processes or operations when carried on in any factory are declared to be dangerous manufacturing process or operations under Section 87 :
(i) Manufacture of aerated water and processes incidental thereto.
(ii) Electrolytic plating or oxidation of metal articles by use of an electrolyte containing chromic acid or other chromium compounds.
(iii) Manufacture and repair of electric accumulators.
(iv) Glass manufacture.
(v) Grinding or glazing of metals.
(vi) Manufacture and treatment of lead and certain compounds of lead.
(vii) Generation of gas from dangerous petroleum.
(viii) Cleaning or smoothing of articles by a jet of sand, metal shot or grit or other abrasive propelled by a blast of compressed air or steam.
(ix) Liming and tanning or raw hides and skins and processes incidental thereto.
(x) Certain lead processes carried on in Printing Presses and Type Foundries.
(xi) Dichromate manufacture.
(xii) Chemical works.
(xiii) Manufacture or manipulation of Carcinogenic Dye Intermediates.
(xiv) Manufacture, handling and usage of benzene and substances containing benzene.
(xv) Manufacture of pottery.
(xvi) Manipulation of stone or any other material containing free silica.
(xvii) Handling and processing of asbestos, manufacturing of any article of asbestos and any other processes of manufacture or otherwise in which asbestos is used in any form.
(xviii) Handling or manipulation of corrosive substances.
(xix) Compression of oxygen and hydrogen produced by electrolysis of water.
(xx) Process of extracting oils and fats from vegetable and animal sources in solvent extraction plants.
(xxi) Manufacture of manipulation of manganese and its compounds.
(xxii) Manufacture or manipulation of dangerous pesticides.
(xxiii) Manufacturing process or operations in carbon di-sulphide plants.
(xxiv) Operation involving High Noise Levels.
(xxv) Manufacture of Rayon by Viscose process.
(xxvi) Highly Flammable Liquids and Flammable Compressed Gases.
(xxvii) Carpet and woollen drugget making or any work incidental thereto or connected therewith.
(xxviii) Brassware making or any work incidental thereto or connected therewith.
(xxix) Lock and hardware making or any work incidental thereto or connected therewith.]
Chapter X
Accidents
------------------------
(Section 88)
### 110. [ Notification of accidents and dangerous occurrences.
[Substituted by Notification No. 2088/XXXVI-3-2016-(F) -77-CA-63-1948-AM(53)-1986, dated 7th August, 1986, published in U.P. Gazette (Extraordinary), Part 4, Section (kha), dated 7th August, 1986.]
(1) When any accident which results in the death of any person or which results in such bodily injury to any person as is likely to cause his death, or any dangerous occurrence specified in the Schedule takes place in a factory, the Manager of the factory shall forthwith send a notice thereof by telephone, special messenger or telegram to the Inspector of Factories of the region concerned and the Chief Inspector of Factories.
(2) When any accident or any dangerous occurrence specified in the schedule, which results in the death of any person or which results in such bodily injury to any person as is likely to cause his death, takes place in a factory notice as mentioned in sub-rule (1) shall also be sent to :-
(a) the District Magistrate or Sub-Divisional Officer,
(b) the Officer-in-charge of the nearest police station, and
(c) the relatives of the injured or deceased person.
(3) Any notice given as required under sub-rules (1) and (2) shall be confirmed by the Manager of the factory to the authorities mentioned in the above sub-rides within 12 hours of the accident or the dangerous occurrence by sending them a written report in Form 18 in the case of an accident or dangerous occurrence causing death or bodily injury to any person and in Form 18-A in the case of a dangerous occurrence which has not resulted in any bodily injury to any person.
(4) When any accident or dangerous occurrence specified in the Schedule takes place in a factory and it causes such bodily injury to any person as prevents the persons injured from working for a period of 48 hours or more immediately following the accident or the dangerous occurrence, as the case may be, the Manager of the factory shall send a report thereof to the Inspector of Factories of the region concerned as well as to the Chief Inspector of Factories in Form No. 18 within 24 hours after the expiry of 48 hours from the time of the accident or the dangerous occurrence :
Provided that if in the case of an accident or dangerous occurrence, death occurs of any person injured by such accident or dangerous occurrence after the notice and reports referred to in the foregoing sub-rules have been sent, the Manager of the factory shall forthwith send a notice thereof by telephone, special messenger or telegram to the authorities and persons mentioned in sub-rules (1) and (2) and also have this information confirmed in writing within 12 hours of the death :
Provided further that, if the period of disability from working for 48 hours or more referred to in sub-rule (4) does not occur immediately following the accident, or the dangerous occurrence but later, or occurs in more than one spell, the reports referred to shall be sent to the Inspector of Factories of the region concerned as well as to the Chief Inspector of Factories in Form No. 18 within 24 hours immediately following the hour when the actual total period of disability from working results from the accident or the dangerous occurrence becomes 48 hours.
Schedule 13
-------------
The following are the classes of dangerous occurrences, whether or not they are attended by personal injury or disablement-
(a) Bursting of a plant used for containing or supplying steam under pressure greater than atmospheric pressure.
(b) Collapse or failure of a crane, derrick, winch hoist or other appliances used in raising or lowering persons or goods, or any part thereof, on the overturning of a crane.
(c) Explosion, fire, bursting out, leakage or escape of any molten metal, or hot liquid or gas causing bodily injury to any person or damage to any room or place in which persons are employed, or fire in rooms of cotton pressing factories when a cotton opener is in use.
(d) Explosion of a receiver or container used for the storage at a pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas.
(e) Collapse or subsidence of any floor, gallery, roof, bridge, tunnel, chimney, wall, building or any other structure.]
### 111. No person shall be allowed to disturb the site at which a fatal accident has occurred or any objects involved in the accident before the arrival of the Inspector, or a police officer, not below the rank of a Sub-Inspector, or without the consent of such officer, provided that such action may be taken as may be necessary to prevent a further accident or to secure persons from danger.
Notice of Poisoning From Notifiable Diseases
(Section 89)
### 112. (1) A notice in Form No. 19 should be sent forthwith [to the Chief Inspector, the Inspector of Factories of the region concerned]
[Substituted by Notification No. 6264 (SM) (iii)/XXXVI-A-1250 (SM)-57, dated February 19, 1959.]
and the certifying surgeon of the district by the Manager of factory in which there occurs a case of lead, phosphorus, mercury, manganese, arsenic, carbon bi-sulphide or benzene poisoning; or poisoning by nitrous fumes, or by halogens or halogen derivatives of the hydrocarbons of the aliphatic series; or of chrome ulceration, anthrax, silicosis, toxic anaemia, toxic jaundice, primary opitheliomatous cancer of the skin, or pathological manifestations due to radium or other radio active substances or x-rays.
[For every report, which, is sent by a medical practitioner to the Chief Inspector in accordance with the provisions of sub-section (2) of Section 89 of the Act, and which is confirmed to the satisfaction of the Chief Inspector by the certificate of a certifying surgeon or otherwise, as required under subsection (3) thereof, the medical practitioner shall be paid a fee of Rs. 2 by the Chief Inspector.]
[Added by Notification No. 653 (M) /XXXVI-(B)-212(M)-1950, dated April 21, 1959.]
Chapter XI
Supplemental
----------------------------
Procedure in Appeals
(Section 107)
### 113. An appeal presented under Section 107 shall lie to the Chief Inspector or in cases where the order appealed against, is an order passed by that officer, to the Labour Commissioner, U. P. and shall be in that form of a memorandum setting forth concisely the grounds of objection to the order and bearing court-fees stamp in accordance with Article II of Schedule II to the Court Fees Act, 1870, and shall be accompanied by a copy of the order appealed against.
### 114. The Employers' Association of Northern India, Kanpur, [Indian Sugar Mills Association]
[Substituted by Notification No. 2784 (LL) /XXXVI-B-87(LL)-51, dated November 23, 1953.]
, 23-B Netaji Subhas Road, Calcutta, the Upper India Chamber of Commerce, Kanpur, the Merchants' Chamber of Commerce, Kanpur, the U. P. Chamber of Commerce, Kanpur, the U. P. Glass Manufacturers' Syndicate, Shikohabad, the Western U.P. Chamber of Commerce, Meerut, [National Chamber of Industries and Commerce]
[Inserted by Notification No. 112 (LL) /XVIII-61(LL)-51, dated February 14, 1952.]
, U. P., Agra, [Glass Industries Syndicate]
[Inserted by Notification No. 2438 (LL) /XVIII-(B)-61-(LL)-51, dated September 24, 1952.]
, Firozabad, Agra, are hereby prescribed as bodies empowered to appoint one of the two assessors referred to in sub-section (2) of Section 107.
### 115. The appellant shall state in the memorandum presented under Rule 113 whether he is a member of any of the aforesaid bodies, and if, he is member of two such bodies which of these two bodies he desires should appoint one of the two assessors as aforesaid; and the body empowered to appoint such assessors shall-
(i) if the appellant is a member of one of such bodies, be that body;
(ii) if he is not a member of any of the aforesaid bodies, or is a member of two such bodies, be the body of which the appellant desires should appoint such assessor; and
(iii) if the appellant does not state in the memorandum which of such bodies he desires should appoint the assessor be the body which the appellate authority considers as the best fitted to represent the industry concerned.
Appointment of Assessors
[Section 107]
### 116. On receipt of the memorandum of appeal, the appellate authority may, if it thinks fit, or if the appellant has requested that the appeal should be heard with the aid of assessors, call upon the body, declared under Rule 115 to be the body representative of the industry concerned under subsection (2) of Section 107 to appoint an assessor within a period of 14 days. If an assessor is nominated by such body, the appellate authority shall itself appoint a second assessor, who shall be independent. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and to the Inspector whose order is appealed against and shall call upon the two assessors to appear upon such date to assist in the hearing of the appeal.
Remuneration of Assessors
(Section 107)
### 117. An assessor appointed in accordance with the provisions of Rules 114 and 115 shall receive for the hearing of the appeal, a fee to be fixed by the appellate authority, subject to a maximum of fifty rupees per diem. He shall also receive reasonable travelling expenses to be fixed by the appellate authority. The fees and travelling expenses shall ordinarily be paid to the assessor by Government; but where assessors have been appointed at the request of the appellant the fees and travelling expenses of the assessors shall be paid in full by the appellant if the appeal has been decided wholly against the appellant and if the appeal is only partly decided against the appellant, the appellate authority may direct what part of the fees and travelling expenses of the assessors shall be paid by the appellant and what part by the Government.
Display of Notices
(Section 108)
### 118. The abstract of the Act and the rules required by Section 108(1) to be displayed in every factory shall be in the prescribed Form No. 20.
Manner of service of Notice
(Section 109)
### 119. The despatch by post, under register cover acknowledgement due, of any notice, order of extract of an Inspector's report send under the Act or under these rules shall be deemed sufficient service on the occupier or Manager the factory of such notice or order or of any directions contained in such extract.
Returns
(Section 110)
### 120. (1) The owner, occupier or Manager of every factory shall furnish to the Chief Inspector of Factories and any other officer or officers designated by Government the following returns namely :
(i) On or before January 15, every year an annual return in duplicate in the Form No. 21;
(ii) [ On or before July 15, each year, a half-yearly return for the period January 1 to June 30 in duplicate in the Form No. 22 :]
[Substituted by Notification No. 3607 (SM) /XXXVI-(A)-1272 (SM)-58, dated September 21, 1961, published in the U.P. Gazette, Part I-A, dated Se[tember 30, 1961.]
Provided that in the case of a factory in which work is carried on only during a certain season or seasons of the year, the occupier or Manager shall submit the return within 15 days after the close of that season or last of these seasons, as the case may be.
The information required by the Inspector
(Section 112)
### 121. The occupier, owner or Manager of a factory shall furnish any information that an Inspector may require for the purpose of satisfying himself whether any provision of the Act has been complied with or whether any order of an Inspector has been duly carried out. Any demand carried out by an Inspector for any such information, if made, during the course of an inspection shall be complied forthwith if the information is available in the factory, or, if made in writing, shall be complied with within seven days of receipt thereof.
Register of Accidents and Dangerous Occurrences
(Section 112)
### 122. The Manager of every factory shall maintain a register of all accidents and dangerous occurrences, which occur in the factory in Form No. 23.
Inspection Book
(Section 112)
### 123. [
[Substituted by Notification No. 5475 (SM) /XXXVI-(A)-1250 (SM)-57, dated November 6, 1958.]
(a) The Manager of every factory shall maintain a bound Inspection Book as described below and shall be responsible for its production on demand by an Inspector or a Certifying Surgeon irrespective of the fact whether the Manager is present in the factory at the time of the inspection or not. The Manager shall also be responsible for any damage to, loss of or tempering with the Inspection Book.
The Inspection Book shall be of the size 13" x 8 ½ inches. It shall contain at least 180 sheets. Every fourth sheet thereof shall be serially numbered and the two unnumbered sheets, between each two serially numbered sheets, shall have a vertical perforated straight line on the left-hand side at a margin of 1 inch.
It shall also contain in the beginning at least six copies each of Form Nos. 1,4, 6, 8 and 9, prescribed under these rules. Form No. 1, shall be kept posted up to date and Form No. 4, shall be filled in every year or whenever there is change of Manager or occupier. [Exemptions granted to the factories under Rules 22 and 81 shall be posted in Form No. 6 and entries in Form Nos. 8 and 9 shall be made periodically according to the relevant rules.]
(b) In case the Inspection Book containing the remarks passed by an Inspector or a Certifying Surgeon is lost, the Manager of the factory shall within a week report in writing the loss of Inspection Book to the Chief Inspector and the Inspector Incharge of the region stating the circumstances in which it has been lost and shall immediately start maintaining a new Inspection Book.]
Production of Registers and Records
(Section 112)
### 124. All registers, records required to be maintained under the Act and these rules shall be produced on demand by an Inspector or Certifying Surgeon.
Records of Inspection
(Section 112)
### 125. [
[Substituted by Notification No. 5475 (SM) /XXXVI-(A)-1250 (SM)-57, dated November 6, 1958.]
A note of all defects and irregularities discovered at the time of inspection by an Inspector, or a Certifying Surgeon, shall be prepared by him, in triplicate in the Inspection Book maintained under Rule 123, giving reference to relevant sections of the Act and Rules, the breach of which has been committed. He shall detach the two copies on the unnumbered perforated pages for sending one to the Chief Inspector and retaining the other for record in his office. The original on the numbered pages shall be left intact in the Inspection Book.]
### 126. All Additional Inspectors appointed under Section 8(4) and 8(5) shall inspect factories for breaches of sections mentioned in Rule 15(c) and their relevant rules and shall submit their inspection reports to the Chief Inspector of Factories, who shall pass final orders thereon.
Information of Closure of Factories
(Section 112)
### 127. The occupier or Manager of every factory shall report to the Inspector any intended closure of the factory or any section or department thereof immediately it is decided to do so, intimating the reason for the closure, the number of workers on the register on the date of report, the number of workers likely to be effected by the closure and the probable period of the closure. An intimation shall also be sent to the Inspector as soon as the factory or the section or department of the factory, as the case may be starts working again.
### 128. [ Plantation of Trees.
[Inserted by Notification No. 2068/XXXVI-3-2028 (F) -80-CA-63-1948-Rule-1950-AM (50)-1982, dated November 25, 1982, published in U.P. Gazette (Extraordinary), dated 25th November, 1982.]
- The occupier of a factory, employing ordinarily 100 or more workers, shall plant and maintain trees within the precincts of the factory. The number, type and layout of the trees to be planted shall be got approved by the Forest Officer of the area or any other qualified Horticulturist.]
### 129. [ Self-certification.
[Inserted by Notification No. 1771/XXXVI-03-2017-83(Sa) -17, dated 19.2.2018 (w.e.f 28.11.1950)]
(1) (a)
The objective of self-certification is to enhance the case of doing business without compromising with the safety, health and welfare of the workers.
(b) The self-certification shall be optional and any occupier may opt for self-certification by applying online to the Inspector in Form No. 29 along with the details in Form No. 30 and an undertaking in Form No. 31, any discrepancy in the application or enclosures shall be informed to the applicant within thirty days from the online receipt of the application in the office of Inspector. In case no discrepancy is informed within the said period, the applicant shall be deemed to have been enrolled under the self-certification referred to in clause (a).
(c) Once opted for the self-certification the same shall be valid for up to five years from the date of enrolment of the applicant and the occupier of the factory shall here to submit the annual return as prescribed every year. After the successful compliance under the self-certification for five years, the occupier shall have option either to remain covered under the self-certification or to opt out of it. It is necessary that the occupier shall apply to the Inspector in writing of his option.
(d) If the occupier withdraws prematurely from the self-certification i.e. before the end of the expiry of five years or fails to follow the terms and conditions of self-certification or fails to submit the annual return in time every year or fails to abide by the undertaking given by him or any violation of laws is detected, the necessary further action as per law will be initiated and he will cease to continue under the self-certification. However there will be no bar on fresh inclusion in the self-certification if applied afresh.
(e) The inspection by team of inspectorate shall be conducted by picking up randomly not more than twenty per cent of the factories covered under the self-certification in a years. Once inspected, the same factory shall not be inspected within the period of five years from such inspection of self-certification provided that no violation of conditions, undertakings given and laws by the occupier or the manager is brought into notice. However, on specific complaint, the Labour Commissioner or District Magistrate shall be competent to order for inspection at any time.
(f) A random inspection list of the factories shall be prepared by the Chief Inspector and the inspection of those factories will be done on random basis by drawing out the names from random generation programme as may be approved by the State Government.
(g) The inspection report shall be online uploaded on the official website of the inspectorate by inspection team within forty eight hours of the inspection of the factory.
(2) For prevention of accidents, the compliance of all the provisions of health, safety and welfare of the workers as per the provisions of the Act and the rules made thereunder shall have to be certified by the occupier and the manager.
(3) The occupier and the manager shall follow the instructions and guidelines of the Chief Inspector issued under the provisions of the Act and the rules and they shall be responsible and liable to punishment for any act or omission committed under the provisions of the Act and the rules made thereunder.]
I
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Manufacture of Aerated Waters and Processes Incidental thereto
### 1. Fencing of machines. - All machines for filling bottles or syphons shall be so constructed, placed or fenced as to prevent, as far as may be practicable, a fragment of a bursting bottle or syphon from striking any person employed in the factory. ###
2. Face-guards and gauntlets. - (1) The occupier shall provide and maintain in good condition for the use of all persons engaged in filling bottles or syphons-
(a) suitable face-guards to protect the face, neck and throat, and
(b) suitable gauntlets for both arms to protect the whole-hand and arms:
Provided that-
(i) Paragraph 2(1) shall not apply where bottles are filled by means of an automatic machine so constructed that no fragment of a bursting bottle can escape, and
(ii) where a machine is so constructed that only one arm of the bottler at work upon it is exposed to danger, a gauntlet need not be provided for the arm, which is not exposed to danger.
(2) The occupier shall provide and maintain in good condition for the use of all persons engaged in corking, crowning, screwing, wiring, foiling, capsuling, sighting or labelling bottles or syphons :
(a) suitable face-guards to protect the face, neck and throat, and
(b) suitable gauntlets for both arms to protect the arm and at least half of the palm and the space between the thumb and forefinger.
### 3. Wearing of face-guards and gauntlets. - All persons engaged in any of the processes specified in paragraph 2 shall while at work in such processes, wear the face-guards and gauntlets provided under the provisions of the said paragraph. [Schedule II]
[Schedule II to VI, substituted by Notification No. 501/XXXVI-3-2(F) -85, dated 14th May, 1992, published in U.P. Gazette (Extraordinary), Part 4, Sec (kha), dated 14th May, 1992.]
Electrolytic Plating or Oxidation of Metal Articles by use of an Electrolyte containing Chromic Acid or other Chromium Compounds
### 1. Definition. - For the purposes of this schedule- (a) "Electrolytic chromium process" means the electrolytic plating or oxidation of metal articles by the use of an electrolyte containing chromic acid or other chromium compounds.
(b) "Bath" means by vessel used for an electrolytic chromium process or for any subsequent process.
(c) "Employed" means in paragraphs 5, 7, 8 and 9 of this schedule, employed in any process involving contact with liquid from a bath.
(d) "Suspension" means suspension from employment in any process involving contact with liquid from any bath by written certificate in the health register, signed by the Certifying Surgeon, who shall have power of suspension as regards all persons employed in any such process.
### 2. Exhaust draught. - An efficient exhaust draught shall be applied to every vessel in which an electrolytic chromium process is carried on. Such draught shall be provided by mechanical means and shall operate on the vapour or spray given off in the process as near as may be at the point of origin. The exhaust draught appliance shall be so constructed, arranged and maintained as to prevent the vapour or spray entering into any room or place in which work is carried on. ###
3. Prohibition relating to women and young persons. - No woman, adolescent or child shall be employed or permitted to work at a bath.
### 4. Floor of workrooms. - The floor or every room containing a bath shall be impervious to water. The floor shall be maintained in good and level condition and shall be washed down at least once a day. ###
5. Protective clothing. - (1) The occupier of the factory shall provide and maintain in good and clean condition the following articles of protective clothing for the use of all persons employed on any process at which they are liable to come in contact with liquid from a bath and such clothing shall be worn by the persons concerned :
(a) Water-proof aprons and bibs, and
(b) for persons actually working at a bath, loose fitting rubber gloves and rubber boots or other water-proof foot wear.
(2) The occupier shall provide and maintain for the use of all persons employed, suitable accommodation for the storage and adequate arrangements for the drying of the protective clothing.
### 6. Medical requisites. - The occupier shall provide and maintain a sufficient supply of suitable ointment and impermeable water-proof plaster in a separate box readily accessible to the workers and used solely for the purposes of keeping the ointment and plaster. ###
7. Medical examination. - (a) Every person employed shall be examined by the Certifying Surgeon once in every 14 days and such examination shall take place at the factory.
(b) A health register in the prescribed Form No. 17 shall be kept by the occupier of the factory and in it shall be entered the names of all persons employed together with such entries as the Certifying Surgeon may make from time to time.
(c) No person after suspension shall be employed without written sanction from the Certifying Surgeon entered in or attached to the health register.
### 8. Cautionary placard. - A cautionary placard in the form specified by the Chief Inspector and printed in the language of the majority of the workers employed shall be affixed in a prominent place in the factory where it can be easily and conveniently read by the workers. [Schedule III]
[Schedule II to VI, substituted by Notification No. 501/XXXVI-3-2(F) -85, dated 14th May, 1992, published in U.P. Gazette (Extraordinary), Part 4, Section (kha), dated 14th May, 1992.]
Manufacture and Repairs of Electric Accumulators
### 1. Savings. - This schedule shall not apply to the manufacture or repair of electric accumulators or parts thereof not containing lead or any compound of lead; or to the repair on the premises, of any accumulator forming part of a stationary battery. ###
2. Definitions. - For the purposes of this schedule-
(a) "first employment" shall mean first employment in the lead process and shall also include re-employment in the said process following any cessation of employment for a continuous period exceeding three calendar months;
(b) "Lead Process" means the melting of lead or any material containing lead, casting, pasting, lead burning, or any other work, including tibbling, or any other abrading or cutting of pasted plates, involving the use, movement or manipulation of, or contact with any oxide of lead.
(c) "Manipulation of raw oxide of lead" means any lead process involving any manipulation or movement of raw oxides of lead other than its conveyance in a receptacle or by means of an implement from one operation to another.
### 3. Prohibition relating to workmen and young persons. - No women or young person shall be employed or permitted to work in any lead process or in any room in which the manipulation of raw oxide of lead or pasting is carried on. ###
4. Separation of certain processes. - Each of the following processes shall be carried on in such a manner and under such conditions as to secure effectual separation from one another, and from any other process :
(a) manipulation of raw oxide of lead;
(b) pasting;
(c) drying of pasted plates;
(d) formation with lead burning ("tacking") necessarily carried on in connection therewith;
(e) melting down of pasted plates,
### 5. Air space. - In every room in which a lead process is carried on, there shall be at least 500 cubic feet of air space for each person employed therein, and in computing this air space no height over 12 feet shall be taken into account. ###
6. Ventilation. - Every work-room shall be provided with inlets and outlets of adequate size so as to secure and maintain efficient ventilation to all parts of the room.
### 7. Distance between workers in pasting room. - In every pasting room the distance between the centre of the working position of any paster and that of the paster working nearest to him shall not be less than five feet. ###
8. Floor of work-rooms. - The floor of every room in which a lead process is carried on shall be-
(a) of cement or similar material so as to be smooth and impervious to water;
(b) maintained in sound conditions;
(c) kept free from materials, plant or other obstruction not required for, or produced in, the process carried on in the room.
(2) In all such rooms other than grid casting shops the floor shall be cleaned daily after being thoroughly sprayed with water at a time when other work is being carried on in the room.
(3) In grid casting shops the floor shall be cleansed daily.
(4) Without prejudice to the requirements of sub-paragraphs (1), (2) and (3), where manipulation of raw oxide of lead of pasting is carried on the floor shall also be-
(a) kept constantly moist while work is being done;
(b) provided with suitable and adequate arrangements for drainage;
(c) thoroughly washed daily by means of a hose pipe.
### 9. Work benches. - The work benches at which any lead process is carried on shall- (a) have a smooth surface and be maintained in sound condition;
(b) be kept free from all materials or plant not required for, or produced in, the process carried on thereat;
and, all such work-benches other than those in grid casting shops shall -
(c) be cleansed daily either after being thoroughly damped or by means of a suction cleaning apparatus, at a time when no other work is being carried on thereat;
and, all such work-benches in grid casting shops, shall -
(d) be cleansed daily;
and every work-bench used for pasting shall -
(e) be covered throughout with sheet lead or other impervious material;
(f) be provided with raised edges;
(g) be kept constantly moist while pasting is being carried on.
### 10. Exhaust draught. - The following process shall not be carried on without the use of an efficient, exhaust draught: (a) Melting of lead or materials containing lead;
(b) Manipulation of raw oxide of lead, unless done in an enclosed apparatus so as to prevent the escape of dust into the workroom;
(c) Pasting;
(d) Trimming, brushing, filing or any other abrading or cutting of pastered plates giving rise to dust;
(e) Lead burning,
other than-
(i) "tacking" in the formation room;
(ii) chemical burning for the making of lead linings for cell cases necessarily carried on in such a manner that the application of efficient exhaust is impracticable.
Such exhaust draught shall be effected by mechanical means and shall operate on the dust of fume given off as nearly as may be at its point of origin, so as to prevent it entering the air of any room in which persons work.
### 11. Fumes and Gases from melting pots. - The products of combustion produced in the heating of any melting pot shall not be allowed to escape into a room in which persons work. ###
12. Container of dross. - A suitable receptacle with tightly fitting cover shall be provided and used for dross as it is removed from every melting pot. Such receptacle shall be kept covered while in the work-room except when dross is being deposited therein.
### 13. Container for lead waste. - A suitable receptacle shall be provided in every work-room in which old plates and waste material, which may give rise to dust shall be deposited. ###
14. Racks and shelves in drying room. - The racks or shelves provided in any drying room shall not be more than 8 feet from the floor nor more than 2 feet in width; provided that as regards racks or shelves set or drawn from both sides, the total width shall not exceed 4 feet.
Such racks or shelves shall be cleansed only after being thoroughly damped unless an efficient suction cleaning apparatus is used for the purpose.
### 15. Medical facilities and records of examinations and tests. - (1) The occupier of every factory in which manufacture and repair of electric accumulators is carried on shall - (a)
employ a qualified medical practitioner for medical surveillance of the workers employed therein whose employment shall be subject to the approval of the Chief Inspector of Factories; and
(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a).
(2) The record of medical examinations and appropriate tests carried out by said medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories which shall be kept readily available for inspection by the Inspector.
### 16. Medical examination by Certifying Surgeon. - (1) Every worker employed in lead processes shall be examined by a Certifying Surgeon within 15 days of his first employment. Such examination shall include tests for lead in urine and blood. ALA in urine, haemoglobin contents, stippling of cells and steadiness test. No worker shall allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon. (2)
Every worker employed in the said processes shall be re-examined by Certifying Surgeon at least once in every three calendar months. Such reexamination shall wherever the Certifying Surgeon considers appropriate, include tests specified in sub-paragraph (1) .
(3) The Certifying Surgeon after examining workers shall issue Certificate of Fitness in Form 26. The record of examination and re-examinations carried out shall be entered in the Certificate and the Certificate shall be kept in the custody of the manager of the factory. The record of each examination carried out under sub-paragraphs (1) and (2), including the nature and the results of the rests, shall also be entered by the Certifying Surgeon in a health register in Form 27.
(4) The Certificate of Fitness and the health register shall be kept readily available for inspection by the Inspector.
(5) If at any time the Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said processes on the ground that continuance therein would involve special danger to the health of the worker. He shall make a record of his findings in the said certificate and the health register. The entry of his findings in the documents should also include the period for which he considers that the said person is unfit for work in the said processes.
(6) No person who has been found unfit to work as said in sub-paragraph (5) above shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon, after further examination, again certifies him fit for employment in those processes.
### 17. Protective clothing. - (1) Protective clothing shall be provided and maintained in good repair for all persons employed in- (a)
manipulation of raw oxide of lead;
(b) pasting; and
(c) the formation room;
and such clothing shall be worn by the persons concerned.
(2) The protective clothing shall consist of a waterproof apron and waterproof footwear; and in addition as regards persons employed in the manipulation of raw oxide of lead or in pasting, head coverings. The head coverings shall be washed daily.
### 18. Mess-room. - There shall be provided and maintained for the use of all persons employed in a lead process and remaining on the premises during the meal intervals, a suitable mess-room which shall be furnished with sufficient tables and benches, and adequate means for warming food. The mess-room shall be placed under the charge of a responsible person, and shall be kept clean.
### 19. Cloak-room. - There shall be provided and maintained for the use of all persons employed in a lead process- (a) a cloak-room for clothing put-off during working hours with adequate arrangements for drying the clothing, if wet :
Such accommodation shall be separated from any mess-room; and
(b) separate and suitable arrangements for the storage of protective clothing provided under Paragraph 17.
### 20. Washing facilities. - (1) There shall be provided and maintained in a clean state and in good repair for the use of all persons employed in a lead process- (a)
A wash place under cover, with either -
(i) a trough with a smooth impervious surface fitted with a waste pipe, without plug, and of sufficient length to allow at least 60 centimetres for every five such persons employed at any one time, and having a constant supply of water from taps or jets above the trough at intervals of not more than 60 centimetres; or
(ii) at least one wash basin for every five such persons employed at any one time, fitted with a waste pipe and plug and having a constant supply of water laid on;
(b) a sufficient supply of clean towels made of suitable materials renewed daily which supply in the case of pasters and persons employed in the manipulation of raw oxide of lead, shall include a separate marked towel for each such worker; and
(c) a sufficient supply of soap or other suitable cleansing material and of nail brushes.
(2) There shall in addition be provided means of washing in close proximity to the rooms in which manipulation of raw oxide of lead or pasting is carried on if required by notice in writing from the Chief Inspector.
### 21. Time to be allowed for washing. - Before each meal and before the end of the days, work at least ten minutes, in addition to the regular meal times, shall be allowed for washing to each person, who has been employed in the manipulation of raw oxide of lead or in pasting Provided that if there be one basin or 60 centimetres of trough for each such person to this rule shall not apply.
### 22. Facilities for bathing. - Sufficient bath accommodation to the satisfaction of the Chief Inspector shall be provided for all persons engaged in the manipulation of raw oxide of lead or in pasting, and a sufficient supply of soap and clean towels. ###
23. Food, drink, etc. prohibited in work-room. - No food, drink, pan and supari or tobacco shall be consumed or brought by any worker into any workroom in which any lead process is carried on.
[Schedule IV]
[Schedule II to VI, substituted by Notification No. 501/XXXVI-3-2(F) -85, dated 14th May, 1992, published in U.P. Gazette (Extraordinary), Part 4, Sec (kha), dated 14th May, 1992.]
Glass Manufacture
### 1. Exemption. - If the Chief Inspector is satisfied in respect of any factory or any class of process that, owing to the special methods of work or the special conditions in a factory or otherwise, any of the requirements of this schedule can be suspended or relaxed without danger to the persons employed therein, or that the application of this schedule or any part thereof is for any reason impracticable, he may by a certificate in writing authorise such suspension or relaxation as may be indicated in the certificate for such period and on such conditions as he may think fit. ###
2. Definitions. - For the purposes of this schedule-
(a) "Efficient exhaust draught'" means localized ventilation effected by mechanical means, for the removal of gas, vapour, dust or fumes so as to prevent them (as far as practicable under the atmospheric conditions usually prevailing) from escaping into the air of any place in which work is carried on. No draught shall be deemed efficient which fails to remove smoke generated at the point where such gas, vapour, fume, or dust originate.
(b) "first employment" shall mean first employment in process specified in Paragraph 3 and on glass blowing and shall also include re-employment in the said processes following any cessation of employment for a continuous period exceeding three calendar months, and
(c) "Lead compound" means any compound of lead other than galena, which, when treated in the manner described below, yields to an aqueous solution of hydrochloric acid a quantity of soluble lead compound exceeding, when calculated as lead monoxide, five per cent of the dry weight of the portion taken for analysis.
The method of treatment shall be as follows :
A weighed quantity of the material, which has been dried at 100°C. and thoroughly mixed shall be continuously shaken for one hour, at the common temperature with 1,000 times its weight of an aqueous solution of hydrochloric acid containing 0.25 per cent by weight of hydrogen chloride. This solution shall thereafter be allowed to stand for one hour and then filtered. The lead salt contained in the clear filtrate shall then be precipitated as lead sulphide and weighed as lead sulphate.
### 3. [ Exhaust draught. [Substituted by Notification No. 839/XXXVI-3-28-(f) -94, dated 7th April, 1995, published in the U.P. Gazette (Extraordinary), Part 4, Section (kha), dated 7th April, 1995.]
- The following processes shall not be carried on except under an efficient exhaust draught or under such other conditions as may be approved by the Chief Inspector :
(a) The mixing of raw materials to form a "batch".
(b) The dry grinding, glazing and polishing of glass or any article of glass.
(c) All process in which hydrofluoric acid fumes or ammonicle vapours are given off.
(d) All processes in the making of furnace mould or "pots" including the grinding or crushing of used "pots".
(e) All processes involving the use of a dry lead compound.
(f) any other operation which omits dust or vapour, or gas or mist or smoke or soot while further processing the glass bangles or other glass products by jointing, grinding, decorating, annealing, remelting, painting, printing, abrasive, blasting, etching, marking etc.]
### 4. Prohibition relating to women and young persons. - No women or young person shall be employed or permitted to work in any of the operations specified in paragraph 3 or at any place where such operations are carried on. ###
5. Floors and work-benches. - The floor and work-benches of every room in which a dry compound of lead is manipulated or in which any process is carried on giving off silica dust shall be kept moist and shall comply with the following requirements:
(a) the floors shall be-
(i) of cement or similar material so as to be smooth and impervious to water;
(ii) maintained in sound conditions; and
(iii) cleansed daily after being thoroughly sprayed with water at a time when no other work is being carried on in the room.
(b) The work-benches shall-
(i) have a smooth surface and be maintained in sound condition, and
(ii) be cleansed daily either after being thoroughly damped by means of a suction cleaning apparatus at a time when no other work is being carried on thereat.
### 6. Use of Hydrofluoric Acid. - The following provisions shall apply to rooms in which glass is treated with hydrofluoric acid- (a) there shall be inlets and outlets of adequate size so as to secure and maintain efficient ventilation in all parts of the room;
(b) the floor shall be covered with guttaparcha and be tight and shall slope gently down to a covered drain;
(c) the work places shall be so enclosed in projecting hoods that openings required for bringing in the objects to be treated shall be as small as practicable; and
(d) the efficient exhaust draught shall be so contrived that the gases are exhausted downwards.
### 7. Storage and transport of Hydrofluoric Acid. - Hydrofluoric acid shall not be stored or transported except in cylinders or reception made of lead or rubber. ###
8. Food, drinks, etc. prohibited in workroom. - No food, drink, pan and supari or tobacco shall be brought into or consumed by any worker in any room or work place wherein any process specified in paragraph 3 is carried on.
### 9. Protective clothing. - The occupier shall provide, maintain in good repair and keep in a clean condition for the use of all persons employed in the processes specified in paragraph 3, suitable protective clothing, footwear and goggles according to the nature of the work and such clothing, footwear, etc. shall be worn by the persons concerned. ###
10. Washing facilities. - There shall be provided and maintained in cleanly state and in good repair for the use of all persons employed in the processes specified in paragraph 3 :
(a) a wash place with either-
(i) a trough with a smooth impervious surface fitted with a waste pipe, without plug, and of sufficient length to allow of at least two feet for every five such persons employed at any one time, and having a constant supply of water from taps or jets above the trough at intervals of not more than 2 feet; or
(ii) at least one wash basin for every five such persons employed at any one time, fitted with a waste pipe and plug and having an adequate supply of water laid on or always readily available;
(b) a sufficient supply of clean towels made of suitable materials renewed daily with a sufficient supply of soap or other suitable cleansing material and of nail brushes; and
(c) a sufficient number of stand-pipes with taps-the number and location of such stand-pipes shall be to the satisfaction of the Chief Inspector.
### 11. Medical facilities and record of examination and tests. - (1) The occupier of every factory in which glass manufacturing processes are carried out, shall- (a)
employ a qualified medical practitioner for medical surveillance of the workers employed therein whose appointment shall be subject to the approval of the Chief Inspector of Factories; and
(b) provided to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a)
(2) The records of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspector.
### 12. [ Medical examination by certifying Surgeon. - (1) Every worker employed processes specified in Paragraph 3, processes specified below and on glass blowing shall be examined by a certifying Surgeon within 15 days of his first employment. Such examinations shall include examination of eyesight, pulmonary functions tests and in suspected cases chest X-Ray as well as tests for lead and urine for the workers except those working on glass blowing. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the certifying Surgeon. Processes :
Preparation of Ghundi/Gulli and loams from the red-hot molten glass;
Colouring designing of loams, re-heating and reshaping of loams;
Manipulation of "Bangle Coils" from reheated/designed loams on the belan or bangle drawing machines;
Rotation of belan;
Setting/separation of bangle-coils while manipulation of bangle is being done;
Collection of bangle-coils at the other end of bangle drawing belan rod;
Cutting of bangle-coils.
(2) Every worker employed in the said processes shall be re-examined by a certifying Surgeon at least once in every twelve calendar months. Such reexamination shall, wherever the certifying Surgeon considers appropriate, include tests as specified in sub-paragraph (1).
(3) The certifying Surgeon after examining a worker shall issue Certificate of Fitness in Form No. 26. The record of examination and re-examination carried out shall be entered in the certificate and the certificate shall be kept in the custody of the manager of the factory. The record of each examination arrived out under sub-paragraphs (1) and (2), including the nature and the results of the tests, shall also be entered by the certifying Surgeon in health register in Form 27.
(4) The Certificate of Fitness and the health register shall be kept readily available for inspection by the Inspector.
(5) If at any time the certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said processes on the ground that continuance therein would involve special danger to the health of the worker, he shall make a record of his findings in the said certificate and the health register. The entry of his findings in those documents should also include the period for which he considers that the said person is unfit for work in the said processes.
(6) No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed or permitted to work in the said processes unless the certifying Surgeon, after further examination, again certifies him to be fit for employment in those processes.]
[Substituted by Notification No. 839/XXXVI-3-28-(f) -94, dated 7th April, 1995, published in the U.P. Gazette (Extraordinary), Part 4, Section (Kha), dated 7th April, 1995.]
### 13. Blow pipes. - Every glass blower shall be provided with a separate blow pipe bearing the distinguishing mark of the person to whom it is issued and suitable facilities §hall be readily available to every glass blower for sterilizing his blow Pipe. [Schedule V]
[Schedule II to VI, substituted by Notification No. 501/XXXVI-3-2(F) -85, dated 14th May, 1992, published in U.P. Gazette (Extraordinary), Part 4, Sec (kha), dated 14th May, 1992.]
Grinding or Glazing of Metals and Process Incidental thereto
### 1. Definitions. - For the purposes of this schedule- (a) "Abrasive wheel" means a wheel manufactured of bounded emery or similar abrasive.
(b) "first employment" shall mean first employment in grinding or glazing of metals and processes incidental thereto and shall also include re-employment in the said processes following any cessation of employment for a continuous period exceeding three calendar months:
(c) "Glazing" means the abrading, polishing or finishing, by aid of mechanical power, of metal, by means of any wheel, buff, mop or similar appliance to which any abrading or polishing substance is attached or applied.
(d) "Grinding" means the abrasion by aid of mechanical power, of metal, by means of a grindstone or abrasive wheel.
(e) "Racing" means the turning up, cutting or dressing of a revolving grindstone before it is brought into use for the first time.
(f) "Hacking" means the chipping of the surface of a grindstone by a hack or similar tool.
(g) "Racing" means the turning up, cutting on dressing of revolving grindstone before it is brought into use for the first time; and
(h) "Rodding" means the dressing of the surface of revolving grindstone by the application of a rod, bar or strip of metal to such surface.
### 2. Exceptions. - (a) Nothing in this schedule shall apply to any factory in which only repairs are carried on except any part thereof in which one or more persons are wholly or mainly employed in the grinding or glazing of metals. (b)
Nothing in this schedule except paragraph 4, shall apply to any grinding or glazing of metals carried on intermittently and at which no person is employed for more than 12 hours in any week.
### 3. Equipment for removal of dust. - No racing, dry grinding or glazing hall be performed without- (a) a hood or other appliance so constructed, arranged, placed and maintained as substantially to intercept the dust thrown off; and
(b) a duct of adequate size, airtight and so arranged as to be capable of carrying away the dust, which duct shall be kept free from obstruction and shall be provided with proper means of access for inspection and cleaning, and where practicable, with a connection at the end remote from the fan to enable the Inspector to attach thereto any instrument necessary for ascertaining the pressure of air in the said duct; and
(c) a fan or other efficient means of producing a draught sufficient to extract the dust :
Provided that the Chief Inspector may accept any other appliance that is in his opinion, as effectual for the interception, removal and disposal of dust thrown off as a hood, duct and fan would be.
### 4. Restriction on employment on grinding operations. - Not more than one person shall at any time perform the actual process of grinding or glazing upon a grindstone, abrasive wheel or glazing appliance : Provided that this paragraph shall not prohibit the employment of persons to assist in the manipulation of heavy or bulky articles at any such grindstone, abrasive wheel or glazing appliance.
### 5. Glazing. - Glazing or other processes, except processes, incidental to wet grinding upon a grindstone, shall not be carried on in any room in which wet grinding upon a grindstone is done. ###
6. Hacking and rodding. - Hacking or rodding shall not be done unless during the process either (a) an adequate supply of water is laid on at the upper surface of the grindstone, (b) adequate appliances for the interception of dust are provided in accordance with the requirements of paragraph 3.
### 7. Examination of dust equipment. - (1) All equipments for the extraction or suppression of dust, shall, at least once in every six months, be examined and tested by competent person, and any defect disclosed by such examination and test shall be rectified as soon as practicable. (2)
A register containing particulars of such examination and test shall be kept in Form 28.
### 8. Medical facilities and record of examinations and tests. - (1) The occupier of every factory in which grinding or glazing of metals are carried out, shall- (a)
employ a qualified medical practitioner for medical surveillance of the workers employed therein whose appointment shall be subject to the approval of the Chief Inspector of Factories; and
(b) provide to the said medical practitioner all the necessary facilities for the purposes referred to in clause (a).
(2) The record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspector.
### 9. Medical examination by Certifying Surgeon. - (1) Every worker employed i grinding or glazing of metal and processes incidental thereto shall be examined by a Certifying Surgeon within 15 days of his first employment. Such examinations shall include pulmonary function tests and in suspect cases chest X-Rays. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon. (2)
Every worker employed in the said processes shall be re-examined by a Certifying Surgeon at least once in every 12 calendar months. Such reexamination shall, wherever the Certifying Surgeon considers appropriate, include tests as specified in sub-paragraph (1) .
(3) The Certifying Surgeon after examining a worker, shall issue a Certificate of Fitness in Form 2. The record of examination and re-examinations carried out shall be entered in the certificate and the certificate shall be kept in the custody of the manager of the factory. The record of each examination carried out under sub-paragraphs (1) and (2), including the nature and the results of the test, shall also be entered by the Certifying Surgeon in a health register in Form 27.
(4) The Certificate of Fitness and the health register shall be kept readily available for inspection by the Inspector.
(5) If at any time the Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said processes on the ground that continuance therein would involve special danger to the health of the worker, he shall make a record of his findings in the said certificate and the health register. The entry of his findings in those documents should also include the period for which he considers that the said person is unfit for work in the said processes.
(6) No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon, after further examination, again certifies him fit for employment in those processes.
### 10. Exemption. - The Chief Inspector may be certificate in writing, subject to such conditions as he may specify therein, relax or suspend any of the provisions of this schedule in respect of any factory, if owing to the special methods of work or otherwise such relaxation or suspension is practicable-' without danger to the health or safety of the persons employed [Schedule VI]
[Schedule II to VI, substituted by Notification No. 501/XXXVI-3-2(F) -85, dated 14th May, 1992, published in U.P. Gazette (Extraordinary), Part 4, Sec (kha), dated 14th May, 1992.]
Manufacture and Treatment of Lead and Certain Compounds of Lead
### 1. Exemptions. - Where the Chief Inspector is satisfied that all or any of the provisions of this schedule are not necessary for the protection of the persons employed, he may by certificate in writing, exempt any factory from all or any such provisions, subject to such condition as he may specify therein. ###
2. Definitions. - For the purposes of this schedule-
(a) "Efficient exhaust draught" means localized ventilation effected by heat or mechanical means, for the removal of gas, vapour, dust or fumes so as to prevent them (as far as practicable under the atmospheric condition usually prevailing) from escaping into the air of any place in which work is carried on. No draught shall be deemed efficient which fails to remove smoke generated at the point where such vapour, fumes or dust originate.
(b) "First employment" shall mean first employment in processes referred to in Paragraph 3 and shall also include re-employment in the said processes following any cessation of employment for a continuous period exceeding three calendar months; and
(c) "Lead Compound" means any compound of lead other than galena which when treated in the manner described below, yields to an aqueous solution of hydrochloric acid, a quantity of soluble lead compound exceeding, when calculated as lead monoxide, five per cent of the dry weight of the portion taken for analysis. In the case of points and similar products and other mixture containing oil or fat the "dry weight" means the dry weight of the material remaining after the substance has been thoroughly mixed and treated with suitable solvents to remove oil, fats, varnish or other media.
The method of treatment shall be as follows :
A weighed quantity of the material, which has been dried at 100°C. and thoroughly mixed shall be continuously shaken for one hour, at the common temperature, with 1,000 times its weight of an aqueous solution of hydrochloric acid containing 0.25 per cent by weight of hydrogen chloride. This solution shall thereafter be allowed to stand for one hour and then filtered. The lead salt contained in the clear filterate shall then be precipitated as lead sulphide and weighed as lead sulphate.
### 3. Application. - This schedule shall apply to all factories or parts of factories in which any of the following operations are carried on: (a) Work at a furnace where the reduction or treatment of zinc or lead ores is carried on.
(b) The manipulation treatment or reduction of ashes containing lead, the desilvering of lead or the melting of scrap lead or zinc.
(c) The manufacture of solder or alloys containing more than ten per cent of lead.
(d) The manufacture of any oxide, carbonate, sulphate chromate, acetate, nitrate or silicate of lead.
(e) Handling or mixing of lead tetraethyl.
(f) Any other operation involving the use of a lead compound.
(g) The cleaning of work-rooms where any of the operations aforesaid are carried on.
### 4. Prohibition relating to women and young persons. - No women or young persons shall be employed or permitted to work in any of the operations specified in paragraph 3. ###
5. Requirements to be observed. - No person shall be employed or permitted to work in any process involving the use of lead compounds, if the process is such that dust or fume from a lead compound is produced therein, or the persons employed therein are liable to be splashed with any lead compound in the course of their employment unless the provisions of paragraphs 6 to 14 are complied with.
### 6. Exhaust draught. - Where dust, fume, gas or vapour is produced in the process, provision shall be made for removing them by means of an efficient exhaust draught so contrived as to operate on the dust, fume, gas or vapour as closely as possible to the point of origin. ###
7. Medical facilities and records of examination and tests. - (1) The occupier of every factory to which the schedule applies shall,-
(a) employ a qualified medical practitioner for medical surveillance of the workers employed therein whose appointment shall be subject to the approval of the Chief Inspector of Factories; and
(b) provide the said medical practitioner all the necessary facilities for the purpose so referred to in clause (a).
(2) The record of medical examination and appropriate tests carried out by the said medical practitioner shall be maintained in separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspector.
### 8. Medical examination by Certifying Surgeon. - (1) Every worker employed in the processes referred to in Paragraph 3 shall be examined by a Certifying Surgeon within 15 days of his first employment. Such examination shall include tests for lead in blood and urine, ALA in urine, haemoglobin content, stippling of cells and steadiness test. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon. (2)
Every worker employed in the said processes shall be re-examined by a Certifying Surgeon at least once in every three calendar month. Such reexamination shall, wherever the Certifying Surgeon considers appropriate include tests specified in sub-paragraph (1) .
(3) the Certifying Surgeon after examining a worker will issue, a Certificate of Fitness in Form 26. The record of examination and re-examinations carried out shall be entered in the Certificate and the Certificate shall be kept in the custody of the manager of the factory. The record of each examination carried out under sub-paragraphs (1) and (2) including the nature and the results of the test shall also be entered by the Certifying Surgeon in a health register in Form 27.
(4) The Certificate of Fitness and the health register shall be kept readily available for inspection by the Inspector.
(5) If at any time the Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said processes on the ground that continuance therein would involve special danger to the health of the worker, he shall make a record of his findings in the said Certificate and the health register. The entry of his findings in those documents' should also include the period for which he considers that the said person is unfit for work in the said processes.
(6) No person who has been found unfit to work as said in sub-paragraph (5) above shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon after further, examination again certifies him fit for employment in those processes.
### 9. Food, drinks, etc., prohibited in work-rooms. - No food, drink, pan and supari or tobacco shall be brought into or consumed by any worker in any work-room in which any of the processes specified in paragraph 3 are carried on and no person shall remain in any such room during intervals for meals or rest. ###
10. Protective clothing. - Suitable protective overalls and head coverings shall be provided, maintained and kept clean by the factory occupier and such overalls and head covering shall be worn by the persons employed.
### 11. Cleanliness of work-rooms, tools, etc. - The rooms in which the persons are employed and all tools, and apparatus used by them shall be kept in a clean state. ###
12. Washing facilities. - (1) The occupier shall provide and maintain for the use of all persons employed suitable washing facilities consisting of-
(a) a trough with a smooth impervious surface fitted with a waste pipe without plug and of sufficient length to allow at least two feet for every ten persons employed at any one time, and having a constant supply of clean water from taps or jets above the trough at intervals of not more than two feet; or
(b) at least one wash-basin for every ten persons employed at any one time, fitted with a waste pipe and plug and having a constant supply of clean water;
together with, in either case, a sufficient supply of nail brushes, soap or other suitable cleaning material and clean towels.
(2) The facilities so provided shall be placed under the charge of a responsible person and shall be kept clean.
### 13. Mess-room or canteen. - The occupier shall provide and maintain for the use of the persons, employed suitable and adequate arrangements for taking their meals. The arrangements shall consist of the use of a room separate from any work-room which shall be furnished with sufficient tables and benches, and unless a canteen serving hot meals is provided, adequate means of warming food. The room shall be adequately ventilated by the circulation of fresh air, shall be placed under the charge of a responsible person and shall be kept clean. ###
14. Cloak-room. - The occupier shall provide and maintain for the use of persons employed, suitable accommodation for clothing not worn during working hours, and for the drying of wet clothing.
VII
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[Generation of Gas from Dangerous Petroleum]
[Substituted by Notification No. 4354 (SM) /XXXVI-A-1048 (SM)-59, dated October 1, 1959.]
### 1. Prohibition relating to women and young persons. - No women or young persons shall be employed or permitted to work in or shall be allowed to enter any building in which the generation of gas from dangerous petroleum is carried on. ###
2. Flame traps. - The plant for generation of gas from dangerous petroleum and associated piping and fittings shall be fitted with at least two efficient flame traps so designed and maintained as to prevent a flash back from any burner to the plant. One of these traps shall be fitted as close to the plant as possible. The plant and all pipes and valves shall be installed and maintained free from leaks.
### 3. Generating building or room. - All plants for generation of gas from dangerous petroleum erected after the coming into force of the provision specified in this schedule, shall be erected outside the factory building proper in a separate well ventilated building (hereinafter referred to as the "generating building"). In the case of such plant erected before the coming into force of the provisions specified in this schedule, there shall be no direct communication between the room where such plants are erected (hereinafter referred to "as the generating room") and the remainder of the factory building. So far as practicable, all such generating rooms shall be constructed of fire-resisting materials. ###
4. Fire extinguishers. - An efficient means of extinguishing petrol fires shall be maintained in any easily accessible position near the plant for generation of gas from dangerous petroleum.
### 5. Plant to be approved by Chief Inspector. - Petrol gas shall not be manufactured except in a plant for generating petrol gas the design and construction of which has been approved by the Chief Inspector. ###
6. Escape of petrol. - Effective steps shall be taken to prevent petrol from escaping into any drain or sewer.
### 7. Prohibition relating to smoking, etc. - No person shall smoke or carry matches, fire or naked light or other means of producing a naked light or spark in the generating room or building or in the vicinity thereof and warning notice in the language understood by the majority of the workers shall be posted in the factory prohibiting smoking and the carrying of matches, fire or naked light or other means of producing a naked light or spark into such room or building. ###
8. Access to petrol or containers. - No unauthorized person shall have access to any petrol or to a vessel containing or having actually contained petrol.
### 9. Electric fittings. - All electric fitting shall be of flame proof construction and all electric conductors shall either be enclosed in metal conduits or be lead-sheathed. ###
10. Construction of doors. - All doors in the generating room or building shall be constructed to open outward; or to slide and no door shall be locked or obstructed or fastened in such a manner that it cannot be easily and immediately opened from the inside while gas is being generated and any person is working in the generating room or building.
### 11. Repair of containers. - No vessel that has contained petrol shall be repaired in a generating room or building and no repairs to any such vessels shall be undertaken unless live steam has been blown into the vessel and until the interior thoroughly steamed out or other equally effective steps have been taken to ensure that it has been rendered free from petrol or inflammable vapour. [Schedule VIII]
[Schedules VIII, IX and X substituted, vide Notification No. 501/XXXVI-3-2 (f) -85, dated 14.5.1992.]
Cleaning or Smoothing of Articles by a Jet of Sand, Metal Shot or Grit or other Abrasive propelled by a Blast of Compressed Air or Steam
### 1. Definition. - For the purpose of this schedule- (a) "blasting" means cleaning, smoothing, roughening or removing of any part of the surface of any article by the use as an abrasive jet of sand, metal shot, or graft or other material, propelled by a blast of compressed air or steam;
(b) "blasting Chamber" means a blasting enclosure in which any person may enter at any time in connection with any work or otherwise;
(c) "blasting enclosure" means a chamber, barrel, cabinet or any other enclosure designed for the performance of blasting therein;
(d) "cleaning of castings" were done as an incidental or supplemental process in connection with fhe making of metal castings, means the freeing of the casting from adherent sand or other substance and includes the removal of cores and the general smoothening of a casting, but does not include the free treatment; and
(e) "first employment" shall mean first employment in any of the processes to which this schedule applies and shall also include re-employment in the said process following any cessation of employment for a continuous period exceeding three calendar months.
### 2. Prohibition of sand blasting. - Sand or any other substance containing silica shall not be introduced as an abrasive into any blasting apparatus and shall not be used for blasting : Provided that this clause shall come into force two years after the coming into operation of this schedule :
Provided further that no woman or young person shall be employed or permitted to work at any operation of sand blasting.
### 3. Precautions in connection with blasting operations. - (1) Blasting shall not be done excepting blasting enclosure and no work other than blasting and any work immediately incidental thereto sand Clearing and repairing of the enclosure including the plant and appliances situated therein, shall be performed in a blasting enclosure. Every door, aperture and joint of blasting enclosure shall be kept closed and air-tight while blasting is being done therein. (2)
Blasting enclosure shall always be maintained in good condition and effective measures shall be taken to prevent dust escaping from such enclosure, and from apparatus connected therewith, into the air of any room.
(3) There shall be provided and maintained in connection with every blasting enclosure, efficient apparatus for separating, so far as practicable, abrasive which has been used for blasting and which is to be used again as an abrasive, from dust or particles of other materials arising from blasting and no such abrasive shall be introduced into any blasting apparatus and used for blasting until it has been so separated :
Provided that this clause shall not apply, except in the case of blasting chamber, to blasting enclosures constructed or installed before the coming into force of this schedule, if the Chief Inspector is of opinion that it is not reasonably practicable to provide such separating apparatus.
(4) There shall be provided and maintained in connection with every blasting enclosure efficient ventilating plant to extract by exhaust draught effected by mechanical means, dust produced in the enclosure. The dust extracted and removed shall be disposed of by such method and in such manner that it shall not escape into the air of any room and every other filtering or settling device situated in a room in which persons are employed other than persons attending to such bag or other filtering or settling device shall be completely separated from the general air of that room in an enclosure ventilated to the open air.
(5) The ventilation plant provided for the purpose of sub-paragraph (4) shall be taken in continuous operation whenever the blasting enclosure is in use whether or not blasting is actually taking place therein, and in the case of blasting chamber, it shall be in operation even when any person is inside the chamber for the purpose of cleaning.
### 4. Inspection and examination. - (1) Every blasting enclosure shall be specially inspected by a competent person at least once in every week in which it is used for blasting. Every blasting enclosure, the apparatus connected therewith and the ventilating plant shall be thoroughly examined and in the case of ventilating plant, tested by a competent person at least once in every month. (2)
Particulars of the result of every such inspection, examination or test shall forthwith be entered in a register which shall be kept in a form approved by the Chief Inspector and shall be available for inspection by an Inspector or any workman employed or in connection with blasting in the factory. Any effect found on any such inspection, examination or test shall be immediately reported by the person carrying out the inspection, examination or test to the occupier, manager or other appropriate person and without prejudice to the foregoing equipments of this schedule, shall be removed without any delay.
### 5. Provisions of protect helmets, gauntlets and overalls. - (1) These shall be provided and maintained for the use of all persons who are employed in a blasting chamber, whether in blasting or in any work connected therewith or in cleaning such a chamber, protector helmets of a type approved by a certificate of the Chief Inspector and every such person shall wear the helmet provided for this use whilst he is in the chamber and shall not remove until he is outside the chamber. (2)
Each protective helmet shall carry a distinguishing mark indicating the person by which it is intended to be used and no person shall be allowed or required to wear a helmet not carrying his mark or a helmet which has been worn by another person and has not since been thoroughly disinfected.
(3) Each protective helmet when in use shall be supplied with clean and not unreasonably cold air at a rate of not less than 170 liters per minute.
(4) Suitable gauntlets and overall shall be provided for the use of all persons while performing blasting or assisting at blasting, and every such person shall while so engaged, wear the gauntlet and o mail provided.
### 6. Precautions in connection with cleaning and other work. - (1) Where any person is engaged upon cleaning of any blasting apparatus or blasting enclosure or of any apparatus or ventilating plant connected therewith or the surroundings thereof or upon any other work in connection with any blasting apparatus or blasting enclosure or with any apparatus or ventilating plant connected therewith so that he is exposed to the risk of inhaling dust which has arisen from blasting, all practicable measures shall be taken to prevent such inhalation. (2)
In connection with any cleaning operation referred to in Paragraph 5, and with the removal of dust from filtering or settling devices all practicable measures shall be taken to dispose of the dust in such a manner that it does not enter the air of any room. Vacuum cleaners shall be provided and used wherever practicable for such cleaning operations.
### 7. Storage accommodation for protective wear. - Adequate and suitable storage accommodation for the helmets, gauntlets and overalls required to be provided by Paragraph 5, shall be provided outside and conveniently near to every blasting enclosure and such accommodation shall be kept clean. Helmets, gauntlets and overalls when not in actual use shall be kept in this accommodation. ###
8. Maintenance and cleaning of protective wear. - All helmets, gauntlets, overalls and other protective devices or clothings provided and worn for the purposes of this schedule, shall be kept in good condition and so far as is reasonably practicable shall be cleaned on every week day in which they are used. Where dust arising from the cleaning of such protective clothing or devices are likely to be inhaled, all practicable measures shall be taken to prevent such inhalation. Vacuum cleaners shall wherever practicable be used for removing dust from such clothing and compressed air shall not be used for removing dust from any clothing.
### 9. Maintenance of vacuum cleaning plant. - Vacuum cleaning plant used for the purpose of this schedule shall be properly maintained. ###
10. Medical facilities and records of examination and test. - (1) The occupier of every factory to which the Schedule applies shall-
(a) employ a qualified medical practitioner for medical surveillance of the worker employed therein whose employment shall be subject to the approval of the Chief Inspector of Factories, and
(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a).
(2) The record of medical examinations and appropriate test carried out by the medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspector.
### 11. Medical examination by Certifying Surgeon. - (1) Every worker employed in any of the processes to which this schedule applies shall be examined by a Certifying Surgeon within 15 days of his first employment. Such examination shall include pulmonary function test and chest X-Ray. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon. (2)
Every worker employed in the said processes shall be re-examined by a Certifying Surgeon at least once in every 12 calendar months and such reexamination shall, wherever the Certifying Surgeon considers appropriate, include pulmonary function test and chest X-Ray once in every three years.
(3) The Certifying Surgeon after examining a worker, shall issue a Certificate of Fitness in Form 26. The record of examination and reexaminations carried out shall be kept in the custody of the manager of the factory. The record of each examination carried under sub-paragraphs (1) and (2), including the nature and the results of the test, shall also be entered by the Certifying Surgeon in a health register in Form 27.
(4) The Certificate of Fitness and the health register shall be readily available for inspection by the Inspector.
(5) If at any time Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said processes on the ground that continuance therein would involve special danger to the health of the worker, he shall make a record of his findings in the said Certificate and the health register. The entry of his findings in those documents should also include the period for which he considers that the said person is unfit for work in the said processes.
(6) No person who has been found unfit to work in the said processes as said in sub-paragraph (5) above shall be re-employed or permitted to work unless the Certifying Surgeon, after further examination, again certified him fit for employment in those processes.
### 12. Restrictions in employment of young persons. - (1) No person under 18 years of age shall be employed in blasting or assisting at blasting or in any blasting chamber or in the cleaning of any blasting apparatus or any blasting enclosure or any apparatus on ventilating plant connected therewith or be employed on maintenance or repair work at such apparatus, enclosure or plant. (2)
No person under 18 years of age shall be employed to work regularly within 6 meters of any blasting enclosures unless the enclosure is in a room and he is outside that room where he is effectively separated from any dust coming from the enclosure.
### 13. Power to exempt or relax. - (1) If the Chief Inspector is satisfied that in any factory or any class of factories, the use of sand or other substance containing free silica as an abrasive blasting is necessary for a particular manufacture or process (other than the process incidental or supplemental to making of metal castings) and at the manufacture or process cannot be carried on without the use of such abrasive or that owing to the special conditions or special method of work or otherwise any requirement of this schedule can be suspended either temporarily or permanently, or can be relaxed without endangering the health of the persons employed or that application of any of such requirements is for any reason impracticable or inappropriate, be may with the previous sanction of the State Government, by an order in writing exempt the said factory or class of factories from such provisions of this schedule to such an extent and subject to such conditions and for such period as may be specified in the said order. (2)
Where an exemption has been granted under sub-paragraph (1) , a copy of the order shall be displayed at a notice board at a prominent place at the maintenance or entrances to the factory and also at the place where the blasting is carried on.
[Schedule IX]
[Schedules VIII, IX and X substituted, vide Notification No. 501/XXXVI-3-2 (f) -85, dated 14.5.1992.]
Liming and Tanning of Raw Hides and Skins and Process Incidental thereto
### 1. Cautionary notices. - (1) Cautionary notices as to anthrax in the form specified by the Chief Inspector shall be affixed in prominent position in the factory where they may be easily and conveniently read by the person employed. (2)
A copy of a warning notice as to anthrax in the form specified by the Chief Inspector shall be given to each person employed when he is engaged and subsequently if still employed, on the first day of each calendar year.
(3) Cautionary notices as to the effects of chrome on the skin shall be affixed in prominent positions in every factory in which chrome solutions are used and such notices shall be so placed as to be easily and conveniently read by the persons employed.
(4) Notices shall be affixed in prominent places in the factory stating the position of the "First-Aid" box or cupboards and the name of the person in charge of such box or cupboard.
(5) If any person employed in the factory is illiterate, effective steps shall be taken to explain carefully to such illiterate person the contents of the notices specified in paragraphs 1, 2 and 4 and if chrome solutions are used in the factory, die contents of the notice specified in paragraph 3.
### 2. Protective clothing. - The occupier shall provide and maintain in good condition the following articles of protective clothing- (a) water-proof footwear, leg coverings, aprons and rubber gloves for persons employed in processes involving contact with chrome solutions including the preparation of such solutions;
(b) Gloves and books for persons employed in lime yard; and
(c) protective foot-wear, aprons and gloves for persons employed in the handling of hides or skins other than in processes specified in clause (a) :
Provided that gloves shall not be required for persons flashing by hand or where there is no risk of contract with lime, sodium sulphide or other caustic liquor.
Provided further that the gloves may not be provided to persons flushing by hand or employed in, processes in which there is no risk of contact with lime, sodium sulphide or other caustic liquor.
### 3. Washing facilities, mess-room and cloak-room. - There shall be provided and maintained in a clean state and in good repair for the use of all persons employed- (a) a trough with a smooth impervious surface fitted with a waste pipe without plug, and of sufficient length to allow at least 60 centimeters for every ten persons employed at any one time, and having a constant supply of water from taps or jets above the trough at intervals of not more than 60 centimeters; or at least one washbasin for every ten such persons employed at any one time fitted with a waste pipe and plug and having constant supply of water together with in either case, a sufficient supply of nail brushes, soap or other suitable cleansing materials and clean towels.
(b) a suitable mess room adequate for the number remaining on the premises during the meal intervals, which shall be furnished with sufficient tables and benches and adequate means for warming food and for boiling water.
The mess room shall-
(i) be separate from any room or shed in which hides or skins are stored, treated or manipulated;
(ii) be separate from the cloak room; and
(iii) be placed under the charge of a responsible person; and
(c) suitable accommodation for clothing not worn during working hours and another accommodation for protective clothing and also adequate arrangements for drying on the clothings in both the cases if wet.
The accommodation so provided shall be kept clean at all time and placed under the charge of a responsible persons.
### 4. Food, drink etc. prohibited in workrooms. - No food, drinks, pan and supari or tobacco shall be brought into or consumed by any worker in any workroom or shed in which hides or skins are stored, treated or manipulated. ###
5. Medical facilities and records of examination and tests. - (1) The occupier of every factory to which the schedule applies, shall-
(a) employ a qualified medical practitioner for medical surveillance of the workers employed therein whose employment shall be subject to the approval of the Chief Inspector of Factories,
(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a),
(c) arrange for inspection of the hands of all the persons keeping in contact with the chromium substances is to be made twice a week, and
(d) provide and maintain and supply suitable ointment and plaster in a box readily accessible to the workers and solely used for the purpose of keeping the ointment and the plaster.
(2) The record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspector.
### 6. Medical examination by Certifying Surgeon. - (1) Every worker employed in any of the processes to which the schedule applies shall be examined by a Certifying Surgeon within 15 days of his first employment. Such examination shall include skin test for dermatitis and detection of anthrax bacillus from local lesion by gram stain. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon. Explanation. - "First employment" shall mean first employment in any of the processes to which the schedule applies and shall also include reemployment in the said processes following any cessation of employment for a continuous period exceeding three calendar months.
(2) Every worker employed in the said processes shall be re-examined by a Certifying Surgeon at least once in every twelve calendar months. Such reexamination shall, wherever the Certifying Surgeon considers appropriate, include tests as specified in sub-paragraph (1).
(3) The Certifying Surgeon after examining a worker, shall issue a Certificate of Fitness in Form 26. The record of examination and re-examination carried out shall be entered in the certificate and the certificate shall be kept in the custody of the manager of the factory. The record of each examination carried out under sub-paragraphs (1) and (2) including the nature and the results of the test, shall also be entered by the Certifying Surgeon in a health register in Form 27.
(4) The Certificate of Fitness and the Health Register shall be kept readily available for inspection by the Inspector.
(5) If at any time the Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said processes on the ground that continuance therein would involve special danger to the health of the worker he shall make a record of his findings in the said certificate and the health register. The entry of his findings in those documents should also include the period for which he considers that the said person is unfit for work in the said processes.
(6) No person who has been found unfit to work as said in sub-paragraph (5) above shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon, after further examination, again certifies him fit for employment in those processes.
[Schedule X]
[Schedules VIII, IX and X substituted, vide Notification No. 501/XXXVI-3-2 (f) -85, dated 14.5.1992.]
Certain lead process carried on Printing Presses and Type Foundries
### 1. Exemption. - Where the Chief Inspector is satisfied that all or any of the provisions of this Schedule are not necessary for the protection of persons employed, he may, by certificate in writing exempt any factory from all or any of such provisions subject to such conditions as he may specify therein. Such certificate may at any time be revoked by the Chief Inspector. ###
2. Definitions. - In these regulations-
(a) "Efficient exhaust draught" means localized ventilation effected by heat or mechanical means for the removal of gas, vapour, dust or fumes so as to prevent them from escaping into the air of any place in which work is carried on. No draught shall be deemed efficient which fails to secure gas, vapour, fumes or dust at the point where they originate;
(b) "First employment" shall mean first employment in lead process and shall also include re-employment in the said manufacturing process following any cessation of employment for a continuous period exceeding three calendar months;
(c) "Lead material" means material containing not less than five per cent of lead.
(d) "Lead process" means-
(i) the melting of lead or any lead material for casting and mechanical composing; and
(ii) the re-charging of machines with used lead material, or
(iii) any other work including removal of dross from melting pots, cleaning of plungers;
(iv) manipulation, movement or other treatment of lead material.
### 3. Exhaust draught. - None of the following processes shall be carried on except with an efficient exhaust draught unless carried on in such a manner as to prevent free escape of gas, vapour, fumes or dust into any place in which work is carried on, or, unless carried on, in electrically heated and thermostatically controlled melting pots- (a) melting lead material or slugs; and
(b) heating lead material so that vapour containing lead is given off;
(2) Such exhaust draught shall be effected by mechanical means and so contrived as to operate on the dust, fume, gas or vapour given off as clearly as may be at its point of origin.
### 4. Prohibition relating to women and young persons. - No woman or young person shall be employed or permitted to work in any lead process. ###
5. Separation of certain process. - Each of the following processes shall be carried on in such a manner and under such conditions as to secure effectual separation from one another and from any other process-
(a) melting of lead or any lead material;
(b) casting of lead ingots;
(c) mechanical composing.
### 6. Container for dross. - A suitable receptacle with tightly fitting cover shall be provided and used for dross as it is removed from every melting pot. Such receptacle shall be kept covered while in the work-room near the machine except when the dross is being deposited therein. ###
7. Floor of work-room. - The floor of every work-room where lead process is carried on shall be-
(a) of cement or similar material so as to be smooth and impervious to water;
(b) maintained in sound condition; and
(c) shall be cleansed throughout daily after being thoroughly damped with water at a time when no other work is being carried on at the place.
### 8. Mess-room. - There shall be provided and maintained for the use of all persons employed in a lead process and remaining on the premises during the meal intervals, a suitable mess-room which shall be furnished with sufficient tables and benches. ###
9. Washing facilities. - There shall be provided and maintained in a clean state and in good repair for the use of all persons employed in a lead process-
(a) a wash place with either-
(i) a trough with a smooth impervious surface fitted with a waste pipe without plug, and of sufficient length to allow at least 60 centimeters for every five such persons employed at any one time and having a constant supply of water from taps or jet above the trough at intervals of not more than 60 centimeters; or
(ii) at least one wash basin for every five such persons employed at any one time, fitted with a waste pipe and plug and having and adequate supply of water laid on or always readily available; and
(b) a sufficient supply of clean towels made of suitable material renewed daily with a sufficient supply of soap or other suitable cleansing material.
### 10. Medical facilities and records of examinations and test. - (1) The occupier of every factory to which the Schedule applies, shall- (a)
employ a certified medical practitioner for medical surveillance of the workers employed therein whose employment shall be subject to the approval of the Chief Inspector of Factories; and
(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a).
(2) The record of medical examination and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by tire Inspector.
### 11. Medical examination by Certifying Surgeon. - (1) Every worker employed in a lead process shall be examined by a Certifying Surgeon within 15 days of his first employment. Such examination shall include tests for lead in urine and blood. ALA on urine-haemoglobin, stippling of cells and steadiness test. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon. (2)
Every worker employed in the said processes shall be re-examined by a Certifying Surgeon at least once in every six calendar months. Such reexamination shall, wherever the Certifying Surgeon considers appropriate, include tests as specified in sub-paragraph (1) .
(3) The Certifying Surgeon after examining a worker, shall issue a Certificate of Fitness in Form 26. The record of examination and reexaminations carried out shall be entered in the certificate and the certificate shall be kept in the custody of the manager of the factory. The record of such examination carried out under sub-paragraphs (1) and (2), including the nature and the results of the tests, shall also be entered by the Certifying Surgeon in a health register in Form 27.
(4) The Certificate of Fitness and the health register shall be kept readily available for inspection by the Inspector.
(5) If at any time the Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said process on the ground that continuance therein would involve special danger to the health of the worker, he shall make a record of his findings in the said certificate and the health register. The entry of his findings in those documents should include the period for which he considers that the said person is unfit for work in the said processes.
(6) No person who has been found unfit to work as under sub-paragraph (5) above, shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon, after further examination, again certifies him fit for employment in those processes.
### 12. Food, drinks etc. prohibited in workrooms. - No food, drink, pan and supari or tobacco shall be consumed or brought by any worker into any workroom in which any lead process is carried on. [Schedule XI]
[Added by Notification No. 2732 (M) (ii)/XXXVI-(B)-59 (M)/54 dated March 5, 1956.]
Dichromate Manufacture
### 1. Separation of certain processes. - Processes as indicated below which give rise to noxious dust, fume, vapour or mist should be isolated from others end should either be totally enclosed or provided with hoods with suitable axhaust ventilation arrangements where necessary- (i) Soda-mix section, including the place of storage of the mixed chro-mite soda-ash powder.
(ii) Reacted frit storing.
(iii) Frit dissolving.
(iv) Evaporation of the dischromate solution.
(v) Dichromate weighing and packing or otherwise handling of the dichromate powders.
### 2. Use of respirators. - In operations, which are of shorter duration and in which mechanical exhaust is not practicable, the occupier shall provide respirators for the use of workers. ###
3. Protective equipment. - There shall be provided for the use of all workers suitable footwear, gloves and aprons engaged in the following processes :
(a) Acidification.
(b) Concentration.
(c) Centrifugalization.
(d) Crystallization.
(e) Packing.
### 4. Floor of work-rooms. - The floor of every work-room shall be- (a) of impervious material and allow of easy drainage,
(b) maintained in sound condition,
(c) kept free from materials, plank or other obstruction not required for or produced, in the process carried on in the room.
### 5. Cloak-room. - There shall be provided and maintained for the use of all persons employed in dichromate department a cloak-room for clothing put off during working hours. ###
6. Washing facilities. - There shall be provided and maintained in a clean state and a good repair, for the use of all persons employed in dichromate process-
(a) trough with an impervious surface fitted with a waste pipe without plug and of sufficient length to allow at least two feet for every ten persons employed at any one time and having a constant supply of clean water from taps or jets above the trough at intervals of not more than two feet, or
(b) at least one wash basin for every ten persons employed at any one time fitted with a waste pipe and plug and having a constant supply of clean water; together with, in either case, sufficient supply of soap or other suitable cleansing material and clean towels.
### 7. Medical requisites. - The occupier shall provide and maintain a sufficient supply of suitable protective skin cream and nasal ointment, readily available to the workers engaged on dichromate processes at the discretion of the Certifying Surgeon. ###
8. Medical examination. - Every person employed in a dischromate process shall be examined by the Certifying Surgeon within fourteen days of his first employment in such processes and thereafter shall be examined by the Certifying Surgeon at intervals of not more than three months and a record of each examination shall be entered by the Certifying Surgeon in the Health Register in Form No. 17.
(2) A Health Register containing names of all persons employed in any dichromate process shall be kept in Form No. 17.
(3) If any time the Certifying Surgeon is of opinion that any person is no longer fit for employment on any dichromate process, on the ground that his continuance in such employment will involve special danger to his health he shall make an entry to this effect in the Health Register against the name of such person. No such person shall be employed on dichromate process without the written sanction of the Certifying Surgeon, entered in the Health Register.
### 9. Cautionary notices. - Cautionary notices on the nature of health hazards involved together with the control measures for their protection shall be fixed at a prominent position of the factory. [Schedule XII]
[Added by Notification No. 5430 (SM) (ii)/XXXVI-(B)-1002 (SM)/58, dated February 26, 1960.]
Chemical Works
Application. - The provisions of this Schedule shall apply to all manufactures and processes incidental thereto carried on in Chemical Works. These provisions shall be in addition for and not in derogation of any provisions of the Factories Act or any other rules made thereunder or of any other Act or Rules.
Definitions. - Chemical works means any factory or such parts of any factory as are named in sub-schedule A of this Schedule.
Breathing apparatus means (1) a helmet or face piece with necessary connections by means of which a person using it in a poisonous, asphyxiating or irritant atmosphere breaths ordinary air, or (2) any other suitable apparatus approved in writing by the Chief Inspector.
Life-belt means a belt made of leather or other suitable material which can be securely fastened round the body with a suitable length of rope attached to it, each of which is sufficiently strong to sustain the weight of a man.
Efficient exhaust draught means localized ventilation effected by mechanical or other means for the removal of gas, vapour, fume, or dust to prevent it from escaping into the air of any place in which work is carried on.
Surgeon means a Certifying Surgeon appointed under Section 10 of the Factories Act, 1948.
Suspension means suspension by written certificate in the Health Register, signed by the Surgeon from employment in any process mentioned in the certificate.
Bleaching powder means the bleaching powder commonly called chloride of lime.
Chlorate means chlorate or perchlorate.
Caustic means hydroxide of potassium or sodium.
Caustic pot means a metal pot fixed over a furnace or flue and surrounded by brickwork, such as is commonly used for concentrating caustic liquor, whether such pot be used for concentrating or boiling caustic or other liquor.
Chrome process means the manufacture of chromate or bichromate of potassium or sodium, or the manipulation, movement or other treatment of these substances in connection with their manufacture.
Nitro or amino process means the manufacture of nitro or amino derivatives of phenol and of benzene or its homologues and the making of explosives with the use of any of these substances.
Exceptions. - If the Chief Inspector is satisfied in respect of any factory or any process that, owing to the special conditions or special methods of work, or by reason of the infrequency of the process or for other reasons, all or any of the requirements of the provisions of this Schedule are not necessary for the protection of persons employed in any factory or process, he may by order in writing (which he may in his discretion revoke), exempt such factory or process from all or any of the provisions of this Schedule, subject to such conditions as he may by such order prescribe.
Part I – Applying to all the Works in Sub-Schedule A
------------------------------------------------------
General
### 1. House-keeping. - (a) Every part of the ways, works, machinery and plant shall be maintained in a clean and tidy condition. (b)
any spillage of material shall be cleaned up without delay.
(c) Floors, platforms, stairways, passages and gangways shall be kept free of temporary obstructions.
(d) There shall be provided easy means of access to all parts of the plant to facilitate cleaning, maintenance and repairs.
### 2. Improper use of chemicals. - (a) No chemicals or solvents shall be used by workers for any purposes apart from the process for which they are supplied. (b)
Workers shall be instructed on the possible dangers arising from such misuse. These instructions shall further be displayed in bold letters in prominent places in die different sections.
### 3. Storage of food. - (a) No food, drink, tobacco, pan or similar articles shall be stored or consumed on or near any part of the plant. (b)
Testing. - Workers shall be instructed on the possible dangers arising from the testing of materials, or of the use for drinking purposes of any vessel used in, or in connection with, the manufacture of chemicals. These instructions shall further be displayed in bold letters in prominent places in the different sections.
### 4. Process hazards. - Before commencing any large scale experimental work, or any new manufacture, all possible steps shall be taken to ascertain definitely all the hazards involved both from the actual operations and the chemical reactions. The properties of the raw materials used, the final products to be made, and any bye-products arising during manufacture, shall be carefully studied and provision shall be made for dealing with any hazards including effects on workers, which may arise during manufacture. The design of the building and plan shall be based on the information so obtained. ###
5. Unauthorized personnel. - (a) Unauthorized persons shall not be permitted to enter any section of the factory or plant where these are special dangers.
(b) Visitors. - Visitors shall be provided, where necessary with suitable safety equipment and shall be accompanied round dangerous plant by a responsible official.
### 6. Instruments. - All instruments such as pressure gauges, thermometers, flow meters and weighing machines shall be tested at regular intervals by a competent person, and records of these tests shall be kept in a register. ###
7. Cocks and valves. - Suitable valves shall be provided in all service lines at sufficiently short intervals for convenience in blanking off, etc. All cocks and valves shall be operated at least once a month, and tested periodically by a competent person, and records of these tests shall be kept in a register. A plan of all service installations shall be kept readily available for perusal.
### 8. Manholes. - No manholes shall be opened for entry until effective fencing has been erected round it. ###
9. Emergency instructions. - Simple and special instructions shall be trained to ensure that effective measures will be carried out in cases of emergency to deal with escape of inflammable, poisonous or deleterious gases, vapours, liquids or dusts. These instructions shall further be displayed in bold letters in prominent places in the different sections. All workers shall be trained and instructed in the action to be taken in such emergencies, and in the general hazards of their employment.
### 10. Protection of reaction mixtures. - Suitable arrangements shall be made to ensure that no foreign matter of any sort can fall into reaction mixtures. ###
11. Electrical apparatus. - Electrical plant, fittings and conductors shall, if exposed to a damp or corrosive atmosphere, be adequately protected. Periodic tests shall be carried out on all circuits.
### 12. Places of work. - (a) Workers shall only be allowed in those places in which they have been given orders to work. (b)
In dangerous sections of a factory, the number of workers shall be kept to a minimum compatible with the process.
### 13. Packing, storage and transport of chemicals. - Chemicals shall be packed and stored in containers suitable for the purpose and of adequate strength for storage or transport. All such containers shall be suitably labelled so that they may be stored and transported in such a manner as to ensure that, in the event of spillage, they will neither produce a reacting mixture, nor cause the development of toxic or fire risk in contract with other products in its vicinity or with walls, floors or dust thereon. Fire and Explosion Risks
### 14. Site. - (a) Buildings and plant shall be located with due regard to the dangers which may arise from the process involved, and in particular shall be spaced at distances which are deemed safe for the fire and explosive risks connected with the processes in adjacent buildings. Due consideration shall be given to the effect on any processes carried out in adjacent factories. (b)
Isolation of buildings. - Where special dangers exist, separate buildings shall be used for the different parts of a process. They shall be spaced at sufficient distances apart and shielded to prevent damage to each other in the event of fire or explosion, and shall be safeguarded by the provision of suitable blowout panels or roofs. Where the risk of fire or explosion is considerable, the building shall be divided by blast or protective screen walls.
(c) Fire resistance. - No combustible materials shall be used in the erection of working buildings, unless there are special reasons necessitating their use, when they shall be rendered fire-resistance. The roof shall be of light fire-resistant construction and floors shall be of impervious fire-resistant material and shall be regularly maintained in such condition.
### 15. Dangers of ignition (including building installation). - (a) No internal combustion engine and no electric motor or other electric equipment, capable of generating sparks or otherwise causing combustion shall be installed or used in a building or danger zone. Electric conductors shall be fitted with screwed steel conduit. (b)
All hot exhaust pipes shall be installed outside a building and other hot pipes shall be suitably protected.
(c) Portable electric hand lamps shall not be used unless of an intrinsically safe type, and portable electric tools connected by flexible wires shall not be used, unless of the flames proof type.
(d) Where an inflammable atmosphere may occur the soles of footwear worn by workers shall have no metal on them, and the wheels of trucks or conveyors shall be of conducting non-sparking materials. Adequate precautions shall be taken to prevent the ignition of explosive or inflammable substances by sparks emitted from locomotives or other vehicles operated in the factory or on public lines.
(e) No electric arc lamps or naked light, fixed or portable, shall be used, and no person shall have in his possession any match or any apparatus of any kind for producing a naked light of sparking in or on, or about any part of the factory where there is liability to fire or explosion from inflammable gas, vapour or dust and all incandescent electric lights in such parts shall be in double air-tight glass covers.
(f) Prominent notices in the language understood by the majority of the workers and legible by day and by night prohibiting smoking, the use of naked lights and the carrying of matches or any apparatus for producing a naked light or spark, shall be affixed at die entrance of every room or place where there is the risk of fire or explosion from inflammable gas, vapour or dust. In the case of illiterate workers the contents of the notices shall be fully and carefully explained to them when they commence work in the factory for the first time and again when they have completed one week at the factory.
(g) Non-sparking tool. - A sufficient supply of spades, scraper and pails made from non-sparking material shall be provided for the use of persons employed in cleaning out or removing residues from any chamber, still, tank or other vessel where an inflammable or explosive danger may occur.
Note. - The risk is not always obvious and may arise for example, through the production of hydrogen in acid tanks.
### 16. Static electricity. - (a) All machinery and plant, particularly, pipe lines and belt drives, on which static electricity is likely to accumulate, shall be effectively earthed. Receptacles for inflammable liquids shall have metallic connections to the earthed supply tanks to static sparking. Where necessary, humidity shall be controlled. (b)
Mobile tank wagons shall be earthed during filling and discharge, and precautions shall be taken to ensure that earthing is effective before such filling or discharge takes place.
(c) Lightning conditions. - Lightning protection apparatus shall be fitted where necessary and shall be maintained in good condition.
### 17. Process heating. - The method of providing heat for a process shall be as safe as possible and where the use of naked flame is necessary, the plant shall be so constructed as to prevent any escaping inflammable gas, vapour or dust coming into contact with the flame, or exhaust gases or other hot agency likely to cause ignition. So far as practicable, the heating medium shall be automatically controlled at a pre-determined temperature below the danger temperature. ###
18. Escape of materials. - (a) Provision shall be made in all plants, sewers, drains, flues, ducts, culverts, and buried pipes to prevent the escape and spread of any liquid gas, vapour, fume or dust likely to give rise to fire or explosive, both during normal working and in the event of accident or emergency.
(b) If escape occurs, such substances shall be removed expeditiously and efficiently at the point of liberation. The effluent shall be trapped and rendered safe outside the danger area.
### 19. Leakage of inflammable liquids. - (a) Provision shall be made to confine by means of bund-walls, sumps, etc., possible leakages from vessels containing inflammable liquids. (b)
Adequate and suitable fixed fire-fighting appliances shall be installed in the vicinity of such vessels'.
### 20. Cleaning of empty containers. - (a) All empty containers which have held inflammable liquids, and metal containers which have held sulphuric acid shall be rendered permanently safe as soon as practicable, and shall not be repaired or destroyed until such cleaning has been completed. (b)
Storage of combustible materials. - Combustible and inflammable materials shall not be stored in close proximity to chemicals which are liable to cause ignition.
(c) Rubbish shall be removed from buildings without delay and placed in special metal containers provided with close fitting lids. The contents shall be removed daily and suitably dealt with. Waste products containing inflammable or explosive materials shall not be placed on rubbish heaps but shall be destroyed in an appropriate manner.
### 21. Installing of pipe lines for inflammable liquids. - All pipe lines for the transport of inflammable liquids shall be protected from breakage, shall be arranged so that there is no risk of mechanical damage from vehicles and shall be so laid that they drain throughout without the collection of any part. All flanged joints, bends and other connections shall be regularly inspected. Cocks and valves shall be so constructed that explosive residues do not get accumulated therein. The open and closed positions of all cocks and valves shall be clearly indicated on the outside. ###
22. Packing of reaction vessels. - Packing and jointing materials for reaction vessels (including covers, manhole covers and exhaust pipes) and in pipe lines and high or low temperature insulating materials, shall not contain materials which are combustible or which react with the products of the plant.
### 23. Safety valves. - Every still and every closed vessels in which gas is produced or into which gas is passed and in which the pressure is liable to rise to a dangerous degree shall have attached to it a pressure gauge, and a proper safety valve or other equally efficient means to relieve the pressure, maintained in good condition. Nothing in this Schedule shall apply to metal bottles or cylinders used for the transport of compressed gases. ###
24. Vigorous or delayed reactions. - Suitable provision, such as automatic and distant control shall be made for controlling the effects of unduly vigours or delayed reactions. Automatic flooding or blanketing shall be provided for in the event of an accident.
### 25. Examination, testing and repair of plant. - Examination, testing and repair of plant parts which have been in contact with explosive and inflammable material, or which is under pressure, shall only be carried out under proper supervision. ###
26. Alarm system. - (a) Gravity or pressure feed systems of supplying inflammable materials to the various parts of the buildings or plant shall be fitted with alarm systems, automatic cut-offs or other devices to prevent overcharging or otherwise endangering the plant.
(b) The amount of inflammable material taken into a building in bulk containers at any one time shall be kept as low as practicable.
(c) Adequate steps shall be taken to prevent the escape of inflammable and explosive vapours from any container into the atmosphere of any building.
Gas, Vapour, Fume or Dust Risks
### 27. Escape of gases, etc. - Effective steps shall be taken to prevent the escape of dangerous gases, vapours, fumes or dust from any part of the plant, by the total enclosure of the process involved or by the provisions of efficient exhaust draught. Effective arrangements shall be made to ensure that in the event of a failure of the control measure, the process shall stop immediately. Further arrangements shall be made to ensure that in case there is any such escape, the material shall be trapped forthwith so that the danger may be averted. ###
28. Danger due to effluents. - (a) Adequate precautions shall be taken to prevent the mixing of effluents which may produce dangerous or poisonous gases.
(b) Effluents, which may contain or give rise in the presence of other effluents to such gases, shall be provided with independent drainage systems to ensure that they may be trapped and rendered safe.
### 29. Staging. - (a) Staging shall not be erected over any open vessel unless the vessel is so constructed and ventilated as to prevent the omission of vapour or fumes about such staging. (b)
Where such staging is provided to give access to higher levels in large plants, effective means shall be provided at all levels with direct means of access to the outside of the room or building and thence to ground level.
(c) Such staging shall be fitted with suitable handrails and toeboards, and the floors and staging shall be impervious and easily cleaned.
### 30. Instructions as regards risk. - Before commencing work, every worker shall be fully instructed on the properties of the materials they have to handle, and of the dangers arising from any gas, fume, vapour or dust which may be evolved during the process. Workers shall also be instructed in the measures to be taken to cope with any emergency. ###
31. Breathing apparatus. - (a) There shall be provided in every factory where dangerous gas or fume is liable to escape a sufficient supply of-
(i) breathing apparatus of an approved make for the hazards involved;
(ii) oxygen and suitable means of its administration; and
(iii) life-belts.
The breathing apparatus and other appliances required by this Schedule shall (i) be maintained in good order and kept in an ambulance room or in some other place approved in writing by the Chief Inspector, and (ii) be thoroughly inspected once every month by a competent person, appointed in writing by the occupier and record of their condition shall be entered in a book provided for that purpose, which shall be produced when required by an Inspector.
(b) Workers shall be trained and given a periodic refresher course in the use of breathing apparatus and respirators.
(c) Respirators shall be kept properly labelled in a clean dry light-proof cabinets, and if liable to be affected by fumes, shall be protected by suitable containers. Respirators shall be dried and cleaned after use and shall be periodically disinfected.
### 32. Treatment of persons. - In every room or place wherever required in writing by the Chief Inspector there shall be affixed the official cautionary notice regarding gasing and burns. Such notices shall be legible by day and by night and shall be printed in the language understood by the majority of the workers. ###
33. Personal protective equipment. - (a) Suitable protective clothing shall be provided for the use of operatives; (i) when operating valves or cocks controlling fluids which by their nature, pressure or temperature would be highly dangerous if a blow-out occurred or when, cleaning chokes in system containing such fluids if pressure is likely to exist behind that chokes, (ii) when there is danger of injury absorption through the skin during the performance of normal duties or in the event of emergency, (iii) whenever there is the risk of injury in handling corrosive substances, hot or cold articles and sharp or rough objects, and (iv) when there is the risk of poisonous material being carried away on their clothes.
(b) There shall be provided for the use of all persons employed in the processes specified in sub-schedule B of this Schedule an adequate supply of suitable protective equipment including gloves, overalls and protective footwear, and of goggles and respirators. Respirators shall be of a type approved in writing by the Chief Inspector.
(c) Protective equipment shall be provided and stored in the appropriate place for use during abnormal conditions or in an emergency.
(d) Arrangements shall be made for the proper and efficient cleaning of all such protective equipment.
### 34. Cloak-rooms. - There shall be provided and maintained for the use of all persons employed in the processes specified in sub-schedule B of this Schedule a suitable cloak-room for clothing put off during working hours and a suitable place separate from the cloak-room, for the storage of overalls or working clothes. The accommodation so provided shall be placed in the charge of a responsible person, and shall be kept clean. ###
35. Special bathing accommodations. - (a) There shall be provided for the use of all persons employed in the processes specified in sub-schedule C of this Schedule separate sanitary conveniences, and sufficient and suitable bathing facilities which shall be to the satisfaction of the Chief Inspector.
(b) A bath register shall be kept containing the names of all persons employed in these processes and an entry of the date when each person takes a bath.
### 36. Entry into vessels. - (a) Before any person entries, for any purposes except that of rescue, any absorber, boiler, culvert, drain, flue, gas purifier, sewer, still tank, tower, vitriol chamber or other place where there is reason to apprehend the presence of dangerous gas or fume, a responsible person appointed in writing by the occupier for the purpose, shall personally examine such place and shall certify in writing in a book kept for the purpose either that such place is isolated and sealed from every source of such gas or fume and is free from danger, or that it is not so isolated and sealed and free from danger. No person shall enter any such place which is certified not to be so isolated and sealed and free from danger unless he is wearing a breathing apparatus, and (where there are no cross stays or obstructions likely to cause entanglement) a life-belt, the free end of the rope attached to which shall be left with a man outside, whose sole duty shall be to keep watch and to draw out the wearer if he appears to be affected by gas or fume. The belt and rope shall be so adjusted and worn that the wearer can be drawn up head foremost through any manhole or opening. (b)
A person entering, for the purpose of rescue, any such place for which a clearance certificate has not been issued shall wear breathing apparatus and life-belt in the manner specified.
### 37. Examination and repair of plant. - Where poisonous materials are likely to be present, the examination and repair of plant and piping shall only be done under the supervision of a competent person, and after the plant and piping has been thoroughly cleaned and ventilated. When opening vessels and breaking joints in pipe lines, respirators, goggles and protective clothing shall be worn to the extent required by the competent person. ###
38. Storage of acid carboys. - Carboys containing nitric acid or "mixed''' acid shall be stored in open-sided sheds detached from other buildings, and placed on a flooring of sandstone, brick or other suitable inorganic material. A passage-way shall be provided and kept free from obstruction between every four rows of such carboys. An ample supply of water shall be available for washing away spilt acid and all precautions shall be taken to prevent workers being exposed to fumes.
Corrosive or Deleterious Risk
### 39. Buildings. - All buildings and plants shall be located with due regard to possible dangers from accidental liberation or splashing of corrosive and deleterious liquids, and shall be so designed as to facilitate through washing and cleaning. The construction of staging and other parts of buildings shall be carried out with materials impervious and resistant to corrosion so far as practicable. ###
40. Leakage. - (a) All plants shall be so designed and constructed as to obviate the escape of corrosive liquid. Where necessary, separate buildings, rooms or protective structures shall be used for the dangerous stages of the process and the buildings shall be so designed as to localize any escape of liquid.
(b) Catch-pits, bund walls or other suitable precautions shall be provided to restrict the serious effects of such leakages. Catch-pits shall be placed below joints in pipe lines where there is danger involved from such leakage.
(c) Passages and work station shall not be situated directly below any part of plant where there is risk of escape of dangerous liquid. Access to such parts shall, so far as practicable, be prohibited and danger notices shall be affixed at suitable points.
### 41. Precautions against escape. - Adequate precautions shall be taken to prevent the escape of corrosive or deleterious substances and means shall be provided for rendering safe any such escape. ###
42. Drainage. - Adequate drainage shall be provided and shall lead to special treatment tanks where deleterious materials shall be neutralized or otherwise rendered safe before it is discharged into ordinary drains or sewers.
### 43. Covering of vessels. - (a) Every fixed vessel or structure containing any dangerous materials, and not so covered as to eliminate all reasonable risk of accidental immersion in it of any portion of the body of a worker, shall be so constructed that there is no foothold on the top or the sides. (b)
Such vessel shall, unless its edge is at least three feet above the adjoining ground or platform be securely fenced to a height of at least three feet above such adjoining ground or platform.
(c) No plank or gangway shall be placed across or inside any such vessel, unless such plank or gangway is at least 18 inches wide, and is securely fenced on both sides by rails spaced at 9 inches apart to a height of at least 3 feet, or by other equally efficient means.
(d) Where such vessels adjoin and the space between them, clear of any surrounding brick or other work, is either less than 18 inches in width or is 18 or more inches in width, but is not securely fenced on both sides to a height of at least three feet, secure barrier shall be so placed as to prevent passage between them :
Provided that sub-paragraph (b) above shall not apply to-
(i) Saturators used in the manufacture of sulphate of ammonia,
(ii) that part of the sides of brine evaporating pans which require raking, drawing or filling.
### 44. Ventilation. - Adequate ventilation shall be provided and maintained at all times in rooms or buildings where dangerous gas, vapour, fume or dust may be evolved. ###
45. Means of escape. - Adequate means of escape from rooms or buildings in the event of a leakage of corrosive liquid shall be provided and maintained.
### 46. Treatment of personnel. - In all places where (strong acids or dangerous) corrosive liquids are used : (a) There shall be provided for use in an emergency-
(i) adequate and readily accessible means of drenching with cold water persons, and the clothing of persons, who have become splashed with such liquids;
(ii) adequate special arrangements to deal with any person who has been splashed with poisonous material that can be absorbed through the skins;
(iii) a sufficient number of eyewash bottles, filled with distilled water or other suitable liquid, kept in boxes or cupboards conveniently situated and clearly indicated by a distinctive sign which shall be visible at all times.
(b) Except where the manipulation of such corrosive liquids is so carried on as to prevent risk of personal injury from splashing or otherwise, there shall be provided for those who have to manipulate such liquids sufficient and suitable goggles and gloves or other suitable protection for the eyes and hands. If gloves are provided they shall be collected, examined and cleansed at the close of the day's work and shall be repaired or renewed when necessary.
### 47. Maintenance. - (a) Before any examination or repairs are carried out or plant or pipe lines, a competent person shall issue a clearance certificate permitting-such examination or repairs. (b)
Adequate precaution shall be taken to liberate any pockets of gas or liquid which may have been formed in pipe lines and which may cause corrosive spray at the point where dismantling takes place.
### 48. Washing facilities. - (1) There shall be provided and maintained in every factory for the use of employed persons adequate and suitable facilities for washing which shall include soap and nail brushes or other suitable means of cleaning and facilities shall be conveniently accessible and shall be kept in a clean and orderly condition. (2)
If female workers are employed, separate washing facilities shall be provided and so enclosed or screened that the interiors are not visible from any place where persons of the other sex work or pass. The entrance to such facilities shall bear conspicuous notice in the language understood by the majority of the workers "for women only" and shall also be indicated pictorially.
### 49. Mess-room facilities. - In every factory there shall be provided and maintained for the use of those remaining on the premises during the rest intervals, suitable and adequate mess-room or canteen accommodation which shall be furnished with sufficient tables and chairs or benches with back rests and where sufficient drinking water is available. ###
50. Ambulance Room. - (a) In every factory in which more than 250 persons are employed on the processes to which this Schedule applies, there shall be provided and maintained in good order an Ambulance Room. The Ambulance Room shall be a separate room used only for the purpose of treatment and rest. It shall have a floor space of not less than 100 square feet and smooth, hard and impervious walls and floor, and shall be provided with ample means of natural and artificial lighting. It shall contain all the items shown in sub-schedule D. Where person of both sexes are employed, arrangements shall be made at the Ambulance Room for their separate treatment. The Ambulance Room shall be placed under the charge of a qualified nurse or other person trained in First Aid, who shall always be readily available during working hours, and shall keep a record of all cases of accidents or sickness treatment in the room.
(b) In every factory there shall be provided and maintained in good condition a suitably constructed ambulance van for the purpose of the removal of serious cases of accident or sickness unless arrangement have been made with a hospital or other place in telephonic communication with the factory for obtaining such a carriage immediately when required.
### 51. Medical personnel. - There shall be a whole time Medical Officer in every factory employing 250 persons or more. ###
52. [ Medical examination. - Workers engaged in the manufacture, processing, formulation or use of the following, shall be examined once in three months by the Certifying Surgeon and records maintained :
(i) Hexaethyl tetra phosphate.
(ii) Tetraethyl pyrophosphate.
(iii) O. O. Diethyl O-P nitrophynyl thiophosphate (Parathion).
(iv) Nicotine, nicotine sulphate.
(v) Mercury derivatives.
(vi) Methyl bromide,
(vii) Cyanides.
(viii) Arsenical derivatives.
(ix) Chrome process compounds.
(x) Nitro or amino process compounds.
(a) A Health Register containing the names of all workers so engaged shall be kept in a form approved by the Chief Inspector.
(b) No person shall be so engaged newly for more than fourteen days without a certificate of fitness granted after examination by the Certifying Surgeon, by a signed entry in the Health Register.
(c) Every person so engaged newly shall present himself at the appointed time for examination by the Certifying Surgeon as provided in (b) above.
(d) The Certifying Surgeon shall have power of suspension as regards all persons so engaged and no persons after suspension shall be so engaged without written sanction from the Surgeon entered in the Health Register.]
### 53. Duties of workers. - Every person employed shall- (a) report to his foreman any defect in any fencing, breathing apparatus, appliances or other requisite provided in pursuance of this Schedule as soon as he becomes aware of such defect;
(b) used the articles, appliances or accommodations required by this Schedule for the purpose for which they are provided;
(c) wear the breathing apparatus and life-belt where required under Paragraph 36 (a) and (b) above.
### 54. No person shall. - (a) Remove any fencing provided in pursuance of Paragraph 43 unless duly authorised; or (b) stand on the edge or on the side of any vessel to which Paragraph 43 applies; (c) pass or attempt to pass any barrier created in pursuance of Paragraph 43; (d) place across or inside any vessel to which Paragraph 43 applies, any plank or gangway which does not comply with that Regulation or make use of any such plan or gangway while in such position; (e) take a naked light or any lamp or matches or any apparatus for producing a naked light or spark into or smoke in, any part of the works where there is liability to explosion from inflammable gas, vapour or dust; (f) use a metal spade, scraper or pail when cleaning out or removing the residues from any chamber, still tank, or other vessel wherein were contained sulphuric acid or hydrochloric acid or other substance which might cause evolution of a rseniuretted hydrogen; and (g) removes from a First Aid Box or cupboard or from the Ambulance Room any First Aid appliance or dressing except for that treatment of injuries in the works. Sub-Schedule "A"
"Chemical work" means any work or part of a work in which:
### 1. The manufacture or recovery of any of the following is carried on- (a) Carbonates, cromates, chlorates, oxides or hydroxides or potassium, sodium, iron, aluminium, cobalt, nickle, arsenic, antimony, zinc or magnesium;
(b) Ammonium and the hydroxide and salts of ammonium;
(c) Sulphurous, sulphuric, nitric, hydrochloric, hydro-fluoric, hydriodic, hydrosulphuric, boric, phosphoric, oxalic, arsenious, arsenic, lactic, acetic, tartaric or citric acids and their metallic or organic salts; and
(d) Cyanogen compounds.
### 3. A wet process is carried on- (a) for the extraction of metal from one or from any by-product or residual material; or
(b) in which electrical energy is used in any process of chemical manufacture.
### 3. Alkali waste or the drainage therefrom is put to any chemical process for the recovery of sulphur or for the utilization of any constituent of such waste or drainage. ###
4. Carbon bisulphide is made or hydrogen sulphide is evolved by the decomposition of metallic sulphides or hydrogen sulphide is used in the production of such sulphides.
### 5. Bleaching powder is manufactured or chlorine gas is made or is used in any process of chemical manufacture. ###
6. (a) Gas tar or coal tar or any compound product or residue of such tars is distilled or is used in any process of chemical manufacture.
(b) Synthetic colouring matters for their intermediates are made.
### 7. Refining of crude shale oil or any process incidental thereto is carried out. ###
8. Nitric acid is used in the manufacture of nitro compounds.
### 9. Explosives are made with the use of nitro compounds. ###
10. Insecticides which may be phosphorous nicotine, mercury, naphthalene, cyanogen, arsenic, flourine, copper benzene and ethane compounds or derivative and methyl bromide are manufactured, mixed, blended and packed.
Sub-Schedule "B"
### 1. A nitro or amino process (overalls or suits of working clothes and protective footwear). ###
2. Grinding raw-materials in a chrome process (overall suits).
### 3. The crystal department and in packing a chrome process (protective coverings). ###
4. Packing in a chrome process (respirators) .
### 5. Any room or place in which chlorate is crystallised, ground or packed (clothing of woollen materials and boots or overshoes, the soles of which have no metal on them). ###
6. Any room in which caustic is ground or crushed by machinery (goggles and gloves or other suitable protection for the eyes and hands).
### 7. Bleaching powder chambers or in packing charges drawn from such chambers (suitable respirators). ###
8. Drawing off of molten sulphur from sulphur pots in the process of corban disulphide manufacture (overalls, face-shield, gloves and footwear of fire-proof materials).
### 9. (a) Manufacture, mixing, blending and packing of insecticides which are phosphorous, nicotine, naphthalene, cyanogen, arsenic, fluorine, mercury and copper compounds or derivatives and methyl bromide (rubber, aprons, chemical type goggles and suitable respirators and in addition rubber gloves and boots for phosphorous and nicotine derivatives, synthetic rubber aprons, gloves and boots when working with oil solutions and washable, working clothing laundered daily). (b)
Manufacture, mixing, blending and packing of insecticides which are derivatives of benzene or ethalene (rubber aprons and suitable respirators, separate work clothes laundered frequently).
Sub-Schedule "C"
### 1. A nitro or amino process. ###
2. The crystal department and the packing room in a chrome process.
### 3. The process of distilling, gas or coaltar (other than blast furnace tar) and any process of chemical manufacture in which such tar is used. ###
4. The manufacture, mixing, blending and packing of the insecticides mentioned in sub-schedule "A".
Sub-Schedule "D"
(i) A glazed zinc with hot and cold water always available;
(ii) a table with a smooth top;
(iii) means for sterilising instruments;
(iv) a couch;
(v) a stretcher;
(vi) two buckets or containers with close fitting lids;
(vii) two rubber hot water bags;
(viii) a kettle and spirit stove or other suitable means of boiling water;
(ix) twelve plain wooden splints 36" x 4" x ¼";
(x) twelve plain wooden splints 4" x 3" x ¼";
(xi) six plain wooden splints, 10" x 2" x ½";
(xii) three woollen blankets;
(xiii) one pair artery forceps;
(xiv) one bottle of brandy;
(xv) two medium size sponges;
(xvi) three hand towels;
(xvii) two kidney trays;
(xviii) four carbolic soaps;
(xix) two glass tumblers and two wine glasses;
(xx) two clinical thermometers;
(xxi) graduated measuring glass with teaspoon;
(xxii) one eyebath;
(xxiii) one bottle (2 lb.) carbolic lotion, 1 in 20;
(xxiv) two chairs;
(xxv) one screen;
(xxvi) one electric hand torch;
(xxvii) an adequate supply of anti-tetanus serum; and
(xxviii) two first aid boxes, each containing-
(a) 24 small sterilized dressings;
(b) 12 medium size sterilized dressings;
(c) 12 large size sterilized dressings;
(d) 12 large size sterilized burn dressings;
(e) 12 half ounce packets sterilized cotton wool;
(f) one snake bite lancet;
(g) one pair scissors;
(h) two (1 oz.) bottles of potassium permanganate crystals;
(i) one (4 oz.) bottle containing a two per cent alcoholic solution of iodine;
(j) one (4 oz.) bottle of salvolatile having the dose and mode of administration indicated on the label;
(k) a copy of the first aid leaflet issued by the Chief Adviser of Factories, Government of India.
Part II – Applying to work or parts thereof in which-
-------------------------------------------------------
(i) Caustic pots are used; or
(ii) Chlorate of bleaching powder is manufactured; or
(iii) (a)
gas tar or coaltar is distilled or is used in any process of chemical manufacture; or
(b) nitro or amino process is carried on; or
(c) a chrome process is carried on; or
(iv) crude shale oil is refined or processes incidental thereto are carried on; or
(v) nitric acid is used in the manufacture of nitro compounds;
(vi) the evaporation of brine in open pans and the stoving of salt are carried on;
(vii) the manufacture or recovery of hydroflouric acid or any of its salts is carried on,
(viii) work at a furnace where the treatment of zinc ores is carried on; and
(ix) insecticides mentioned in sub-schedule "A" are manufactured, mixed, blended or packed.
### 1. Entry into gas tar or coal tar still. - (1) Before any person enters a gas tar or coaltar still for any purpose except that of rescue, it shall be completely isolated from adjoining tar stills, either by disconnecting- (a)
the pipe leading from the swan neck to the condenser worm; or
(b) the waste gas pipe fixed to the worm or receiver;
and in addition, blank flanges shall be inserted between the disconnected parts, and the pitch discharge pipe or cock at the bottom of the still shall be disconnected.
### 2. Entry into bleaching powder chambers. - No person shall enter a chamber for the purpose of withdrawing the charge of bleaching powder unless and until- (i) the chamber is efficiently ventilated; and
(ii) the air in the chamber has been tested and found to contain not more than 2.5 grains of free chlorine gas per cubic foot. A register containing details of all such tests shall be kept in a form approved by the Chief Inspector.
### 3. Special precautions for a nitro and amino processes. - In nitro or amino process : (a) if crystallised substances are broken or any liquor agitated by hand, means shall be taken to prevent as far as practicable, the escape of dust or fume into the air of any place in which any person is employed. The handles of all implements used in the operations shall be cleaned daily; (b) cartridges shall not be filled by hand except by means of a suitable scope; (c) every drying stove shall be efficiently ventilated to the outside air in such a manner that hot air from the stove shall not be drawn into any work room; (d) no person shall enter a stove to remove the contents until a free current of air has been passed through it; (e) every vessel containing nitro or amino derivatives of phenol or of benzene or its homologues shall if steam is passed into or around it, or if the temperature of the contents be at or above the temperature of the boiling water, be covered in such a way that steam of vapour shall be discharged into the open air at a height of not less than 25 feet from the ground or the working platform, and at a point were it cannot be blown back again into the work-room. ###
4. Precautions during caustic grinding, etc. - (a) Every machine used for grinding or crushing caustic shall be enclosed; and (b) where any of the following processes are carried on-
(i) grinding or crushing of caustic;
(ii) packing of ground caustic;
(iii) grinding, sieving, evaporating or packing in a chrome process;
(iv) crushing or mixing of material or cartridge filling in a nitro or amino process, an efficient exhaust draught shall be provided;
(v) Insecticides mentioned in sub-schedule "A" are manufactured, mixed, blended, or packed.
### 5. (a) Chlorate shall not be crystallised, ground or packed except in a room or place not used for any other purpose, the floor of which room or place shall be of cement or other smooth, impervious and incombustible material and shall be thoroughly cleaned daily. (b)
Wooden vessels shall not be used for the crystallisation of chlorate, or to contain crystallised or ground chlorate: provided that this regulation shall not prohibit the packing of chlorate for sale into wooden casks or other wooden vessels.
### 6. Restrictions on the employment of young persons and women. - (a) No person under 18 years of age and women shall neither be employed in any process in which hydrochloric acid fumes or ammonical vapours are given off from the following operations- (i)
evaporation of brine in open pans;
(ii) stoving of salt;
(iii) work at a furnace where the treatment of zinc is carried on; and
(iv) the cleaning of work rooms where the process mentioned in (iii) is carried on.
(b) No person under 18 years of age shall be employed in a chrome process or in nitro or amino process or in a process in which the following materials are used or where the vapour of such material is given off:
Carbon bisulphide, chlorides of sulphur, benzene, carbon tetrachloride trichlorathlene, any carbon chloride compound, or any mixture containing any of each materials.
### 7. Every person employed- (a) in a process to which Paragraph 33 of this Schedule applies shall where the protective clothing, footwear, respirators, goggles or gloves, provided under Paragraph 33 and shall deposit overall or suit, or working clothing so provided as well as clothing put off during working hours, in the places provided under Paragraph 34;
(b) in processes to which Paragraph 35 applies shall carefully wash the hands and face before partaking of any food or leaving the premises;
(c) in any process to which Part II of this Schedule applies shall use the protective appliances supplied in respect of any process in which he is engaged.
[Schedule XIII]
[Inserted by Notification No. 2088/XXXVI-3-2016 (F) -77-CA-63-1948-Rule-1950-AM(53)-1986, dated 7th August, 1986, published in U.P. Gazette, (Extraordinary), Part 4, Section (kha), dated 7th August, 1986.]
Manufacture or Manipulation Of Carcinogenic Dye Intermediates Application
### 1. Application. - The schedule shall apply in respect of all factories or any part thereof where processes in which the substances mentioned in paragraphs 3 and 4 are formed, manufactured, handled, or used and the processes incidental thereto in the course of which these substances are formed, are carried on. The processes indicated in this paragraph shall be referred to hereinafter as "the said processes" and such a reference shall mean any or all of the processes described in this paragraph. ###
2. Definitions. - For the purpose of this schedule the following definitions shall apply, unless the context otherwise requires :-
(a) "Controlled Substances" means chemical substances mentioned in paragraph 4 of this schedule.
(b) "Efficient Exhaust Draught" means localised ventilation effected by mechanical means for the removal of gas, vapour, dust or fumes so as to prevent them from escaping into the air of any place in which work is carried on. No drought shall be deemed to be efficient which fails to remove smoke generated at the point where such gas, vapour, fume or dust originated.
(c) "First Employment" means first employment in the said processes and also re-employment in such processes following any cessation of employment for a continuous period exceeding three calendar months, and
(d) "Prohibited Substances" means chemical substances mentioned in paragraph 3 of this schedule.
### 3. Prohibited Substances. - For the purpose of this schedule, the following chemical substances shall be classified as "prohibited substances" except when these substances are present or are formed as a bye-product of a chemical reaction in a total concentration not exceeding one per cent:- (a) Beta-naphthylamine and its salts;
(b) Benzidine and its salts;
(c) 4-amino diphenyl and its salts;
(d) 4-nitro diphenyl and its salts; and
(e) any substance containing any of these compounds.
### 4. Controlled substances. - For the purpose of this schedule, the following chemical-substances shall be classified as "controlled substances" :- (a) Alpha-naphtylamine or alphanaphthylamine containing not more than one per cent of beta-naphthylamine either as a bye-product of chemical reaction or otherwise, and its salts,
(b) Ortho-tolidine and its salts;
(c) Dianisidine and its salts;
(d) Dichlorobanzidine and its salts;
(e) Auramine, and
(f) Magneta.
### 5. Prohibition of employment. - No person shall be employed in the said processes in any factory in which any prohibited substance is formed, manufactured, processed, handled, or used except as exempted by the Chief Inspector of Factories as stipulated in paragraph 23. ###
6. Requirements for processing or handling controlled substances. - (1) Wherever any of the controlled substances referred to in paragraph 4 are formed, manufactured, processed, handled, or used, all practical steps shall be taken to prevent inhalation, ingestion or absorption of the said controlled substance by the workers while engaged in processing that substance, and its storage or transport while the plant, or in cleaning or maintenance of the concerned equipment, plant, machinery and storage areas.
(2) As far as possible all operations shall be carried out in a totally enclosed system. Wherever such enclosure is not possible, efficient exhaust drought shall be applied at the point where the controlled substances are likely to escape into the atmosphere during the process.
(3) The controlled substances shall be received in the factory in tightly closed containers and shall be kept so except when these substances are in process or in use. The controlled substances shall leave the factory only in tightly closed containers of appropriate type. All the containers shall be plainly labelled to indicate the contents.
### 7. Personal protective equipment. - (1) The following items of personal protective equipment shall be provided and issued to every workers employed in the said processes : (a)
Long trousers and shirts or overalls with full sleeves and head coverings. The shirt or overalls shall cover the neck completely.
(b) Rubber gum-boots.
(2) The following items of personal protective equipment shall be provided in sufficient numbers for use by workers employed in the said processes when there is danger of injury during the performance of normal duties or in the event of emergency :
(a) Rubber hand-gloves;
(b) Rubber aprons;
(c) Airline respirators or other suitable respiratory protective equipment.
(3) It shall be the responsibility of the manager to maintain all items of personal protective equipments in a clean and hygienic condition and in good repair.
### 8. Prohibition relating to employment of women and young persons. - No woman or young person shall be employed or permitted to work in any room in which the said processes are carried on. ###
9. Floors of work-room. - The floor of every work room in which the said processes are carried on shall be:
(a) smooth and impervious to water provided that asphalt or tar shall not be used in the composition of the floor;
(b) maintained in a state of good repair;
(c) with a suitable slope for easy draining and provided with gutters; and
(d) thoroughly washed daily with the drain water being led into sewer through a closed channel.
### 10. Disposal of empty containers. - Empty container used for holding controlled substances shall be thoroughly cleaned of their contents and treated with an inactivating agent before being discarded. ###
11. Manual handling. - Controlled substances shall not be allowed to be mixed, filled, emptied or handled except by means of a scoop with a handle. Such scoop shall be thoroughly cleaned daily.
### 12. Instructions regarding risk. - Every worker on his first employment in the said processes shall be fully instructed on the properties of the toxic chemicals to which he is likely to be exposed to, of the danger involved and the precautions to be taken. Workers shall also be instructed on the measures to be taken to deal with an emergency. ###
13. Cautionary placards. - Cautionary placards in the form specified in Appendix attached to this Schedule and printed in the language of the majority of the workers employed in the said processes shall be affixed in prominent places frequented by them in the factory, where the placards can be easily and conveniently read. Arrangements shall be made by the manager to instruct periodically all such workers regarding the precautions contained in the cautionary placards.
### 14. Medical examination. - (1) Every worker employed in the said processes shall be examined by a Certifying Surgeon within 14 days of his first employment. Such examination shall include tests which the Certifying Surgeon may consider appropriate and shall include exfoliative cytology of the urine. No worker shall be allowed to work after 14 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon. (2)
Every worker employed in the said processes shall be re-examined by a Certifying Surgeon at least once every six calendar months. Such examination shall include tests which the Certifying Surgeon may consider appropriate but shall include exfoliative cytology of the urine.
(3) A person medically examined under sub-paragraph (1) shall be granted by a Certifying Surgeon a certificate of fitness in Form 26. Record of each re-examination carried out under sub-paragraph (2) shall be entered in the Certificate. The Certificate shall be kept in the custody of the manager of the factory.
(4) The record of each examination carried out as referred to in subparagraphs (1) and (2) including the nature and the results of the tests shall be entered by the Certifying Surgeon in a health register in Form 27.
(5) The certificates of fitness and the health register shall be kept readily available for inspection by any Inspector.
(6) If at any time the Certifying Surgeon is of the opinion that a person is no longer fit for employment in the said processes or in any other work on the ground that continuance therein would involve damage to his health, he shall make a record of his findings in the said certificate and the health register. The entry of his findings in these documents should also include the period for which he considers that the said person is unfit for work in the said processes or in any work as the case may be.
(7) No person who has been found unfit to work as said in subparagraph (6) shall be re-employed or permitted to work unless the Certifying Surgeon, after further examination, again certifies him to be fit for employment.
### 15. Medical facilities. - (1) The occupier of every factory in which the said processes are carried on shall engage a qualified medical practitioner for medical surveillance of the workers employed in such processes. His appointment shall be subject to approval of the Chief Inspector of Factories. (2)
The occupier shall provide to him all the necessary facilities for the purpose referred to in sub-paragraph (1) .
(3) A record of medical examinations and appropriate tests carried out by the qualified medical practitioner shall be maintained in a form approved by the Chief Inspector.
### 16. Obligations of the workers. - It shall be the duty of the persons employed in the said processes to submit themselves for the medical examination including exfoliative cytology of urine by the Certifying Surgeon or the qualified medical practitioner as provided for under these rules. ###
17. Washing and bathing facilities. - (1) The following washing and bathing facilities shall be provided and maintained in a clean state and in good repair for the use of all workers employed in the said processes:
(a) A wash place under cover having constant supply of water and provided with clean towels, soap and nail brushes and with at least one stand pipe for every five such workers.
(b) 50 per cent of the stand pipes provided under clause (a) shall be located in bathrooms where both hot and cold water shall be made available during the working hours of the factory and for one hour thereafter.
(c) The washing and bathing facilities shall be in close proximity of the area housing the said processes.
(d) Clean towels shall be provided individually to such worker.
(e) In addition to the taps mentioned under clause (a), one stand pipe in which warm water is made available shall be provided on each floor.
(2) Arrangement shall be made to wash factory uniforms and other work clothes every day.
### 18. Food, drink etc. prohibited in work room. - No worker shall consume food, drink, pan supari or tobacco or shall smoke in any work room in which the said processes are carried on and no worker shall remain in any such room during intervals for meals or rest. ###
19. Cloak room. - There shall be provided and maintained in a clean state and in good repair for the use of the workers employed in the said processes:
(a) a cloak room with lockers having two compartments-one for street clothes and the other for work clothes; and
(b) a place separate from the locker room and the mess room for the storage of protective equipments provided under paragraph 7.
The accommodation so provided shall be under the care of responsible person and shall be kept clean.
### 20. Mess room. - There shall be provided and maintained for the use of workers employed in the said processes who remain on the premises during the meal intervals, mess room which shall be furnished with tables and benches and provided with suitable means for warming food. ###
21. Time allowed for washing. - Before the end of each shift 30 minutes shall be allowed for bathing each worker who is employed in the said processes. Further at least 10 minutes shall be allowed for washing before each meal in addition to the regular time allowed for meals.
### 22. Restriction on age of persons employed. - No worker under the age of 40 years shall be engaged in the factory in the said processes for the first time after the date on which the Schedule comes into force. ###
23. Exceptions-Prohibited substances. - (1) The Chief Inspector of Factories may by a certificate in writing (which he may at his discretion revoke at any time), subject to such conditions if any, as may be specified therein, exempt any process in the course of which any of the prohibited substances is formed, processed; manufactured, handled, or used from the provisions of paragraph 5 if he is satisfied that the process is carried out in a totally enclosed and hermetically sealed system in such a manner that the prohibited substance is not removed from the system except in quantities not greater than that required for the purpose of control of the process or such purposes as is necessary to ensure that the product is free from any of the prohibited substances.
(2) The Chief Inspector of Factories may allow the manufacture, handling or use of benezidine hydrochloride provided that all the processes in connection with it are carried out in a totally enclosed system in such a manner that no prohibited substance other than benezidine hydrocholoride is removed therefrom except in quantities not greater than that required for the purpose of control of processes or such purposes as is necessary to ensure that the product is free from prohibited substances and that adequate steps are taken to insure that benezidine hydrochloride is except while not in a totally enclosed system, kept wet with not less than one part of water to two parts of benezidine hydrochloride at all times.
### 24. Exception-General. - If in respect of any factory, the Chief Inspector of Factories is satisfied that owing to the exceptional circumstances of infrequency of the processes or for any other reason, all or any of the provisions of this Schedule is not necessary for the protection of the workers in the factory, the Chief Inspector of Factories may by a certificate in writing (which he may in his discretion revoke at any time exempt such factory from all or any of such provisions subject to such conditions, if any as he may specify therein). Appendix
Cautionary Placard - Notice
### 1. Dye intermediates which are nitro or amino derivatives or aromatic hydrocarbons are toxic. You have to handle these chemicals frequently in this factory. ###
2. Use the various items of protective wear to safeguard your own health.
### 3. Maintain scrupulous cleanliness at all times thoroughly wash hands and feet before taking meals. It is essential to take a bath before leaving the factory. ###
4. Wash off any chemicals falling on your body with soap and water. If splashed with a solution of the chemical, remove the contaminated clothing immediately. These chemicals are known to produce cyanosis. Contact the medical officer or appointed doctor immediately and get his advice.
### 5. Handle the dye intermediates only with long handled scoops, never with bare hands. ###
6. Alcoholic drinks should be avoided as they enhance the risk of poisoning by the chemicals.
### 7. Keep your food and drinks away from work-place. Consuming food, drinks or tobacco in any form at the place of work is prohibited. ###
8. Serious effect from work with toxic chemicals may follow after many years. Great care must be taken to maintain absolute cleanliness of body, clothes, machinery and equipments.]
[Schedule XIV]
[Added by Notification No. 2562/XXXVI-3-37(F) -84, dated August 30, 1986, published in U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 30th August, 1986.]
Manufacture Handling and Usage of Benzene and Substances Containing Benzene
### 1. This Schedule is made to provide protection against hazards of poisoning from benzene and shall apply in respect of factories or parts thereof in which benzene or substances containing benzene are manufactured, handled or used. ###
2. Definitions. - For the purpose of this Schedule :
(a) 'substances containing benzene' means substances wherein benzene content exceeds 1 per cent by volume;
(b) 'substitute' means a chemical which is harmless or less harmful than benzene and can be used in place of benzene;
(c) 'enclosed system' means a system which will not allow escape of benzene vapours to the working atmosphere; and
(d) 'efficient exhaust draught' means localised ventilation effected by mechanical means for the removal of gases, vapours and dusts or fumes so as to prevent them from escaping into the air of any workroom. No draught shall be deemed to be efficient if it fails to remove smoke generated at the point where such gases, vapours, fumes or dusts originate.
### 3. Prohibition and substitution. - (1) Use of benzene and substances containing benzene is prohibited in the following processes- (a)
manufacture of varnish, paints and thinners;
(b) cleaning and degreasing operations.
(2) Benzene or substances containing benzene shall not be used as a solvent or diluent unless the processes in which it is used is carried or in an enclosed system or unless the processes is carried on in a manner which is considered equally safe as it were carried out in an enclosed system.
(3) Where suitable substitutes are available, they shall be used instead of benzene or substances containing benzene. This provision, however, shall not apply to the following processes:
(a) Production of benzene;
(b) Process where benzene is used for chemical synthesis; and
(c) Motor spirits (use and fuel).
(4) The Chief Inspector may, subject to confirmation by the State Government, permit exemptions from the percentage laid down in Paragraph 2(a) and also from the provisions of sub-paragraph (2) of this paragraph temporarily under conditions and within limits of time to be determined after consultation with the employers and workers concerned.
### 4. Protection against inhalation. - (1) The process involving the use of benzene or substances containing benzene shall as far as practicable be carried out in an enclosed system. (2)
Where, however, it is not practicable to carry out the process in an enclosed system, the workroom in which benzene or substances containing benzene are used shall be equipped with an efficient exhaust draught or other means for the removal of benzene vapours to prevent their escape into the air or the workroom so that the concentration of benzene in the air does not exceed 25 parts per million by volume or 80 milligrams per cubic metre.
(3) Air analysis for the measurements of concentration of benzene vapours in air shall be carried out every 8 hours or at such intervals as may be directed by the Chief Inspector at places where process involving use of benzene is carried on and the results of such analysis shall be recorded in a register specially maintained for this purpose. If the concentration of benzene vapours in air as measured by air analysis, exceed 25 parts per million by volume or 80 milligrams per cubic metre, the Manager shall forthwith report the concentration of the Chief Inspector stating reasons for such increase.
(4) Workers who for special reasons are likely to be exposed to concentration of benzene in the air or the workroom exceeding the maximum referred in sub-paragraph (2) shall be provided with suitable respirators face masks. The duration of such exposure shall be limited as far as possible.
### 5. Measures against skin contact. - (1) Workers who are likely to come in contact with liquid benzene or liquid substance containing benzene shall be provided with suitable gloves, aprons, boots and where necessary vapour tight chemical goggles, made of material not affected by benzene or its vapours. (2)
The protective wear referred to in sub-paragraph (i) shall be maintained in good condition and inspected regularly.
### 6. Prohibition relating to employment of women and young persons. - No woman or young person shall be employed or permitted to work in any workroom involving exposure to benzene or substances containing benzene. ###
7. Labelling. - Every container holding benzene or substances containing benzene shall have the word "Benzene" and approved danger symbols clearly visible on it and shall also display information on benzene content warning about toxicity and warning about inflammability of the chemical.
### 8. Improper use of benzene. - (1) The use of benzene or substances containing benzene by workers for cleaning their hands or their work clothing shall be prohibited. (2)
Workers shall be instructed on the possible dangers arising from such misuse.
### 9. Prohibition of consuming food, etc., in workroom. - No worker shall be allowed to store or consume food or drink in the workroom in which benzene or substances containing benzene are manufactured, handled or used. Smoking and chewing tobacco or pan shall be prohibited into such workrooms. ###
10. Instruction as regards risks. - Every worker on his first employment shall be fully instructed on the properties of benzene or substances containing benzene which he has to handle and of the dangers involved. Workers shall also be instructed on the measure to be taken to deal with an emergency.
### 11. Cautionary notices. - Cautionary notices in the form specified in Appendix 'A' and presented in the language easily read and understood by the majority of the workers shall be displayed in prominent places in the workrooms where benzene or substances containing benzene are manufactured, handled or used. ###
12. Washing facilities cloak room and messrom. - In factories in which benzene or substances containing benzene are manufactured, handled or used the occupier shall provide and maintain in clean state and in good repair :
(1) Washing facilities under cover of the standard of at least one tap for every 10 persons having constant supply of water with soap and a clean towel provided individually to each worker if so ordered by the Inspector;
(2) A cloak room with lockers for each workers, having two compartments one for street clothing and one for work-clothing; and
(3) A messroom furnished with tables and benches with means for warming food, provided that where a canteen or other proper arrangements exist for the workers to take their meals, the requirements of messroom shall be dispensed with.
### 13. Medical Examination. - (1) Every worker who is to be employed in processes involving use of benzene or substances containing benzene, shall undergo- (a)
a thorough pre-employment medical examination including a blood test for fitness for employment by a certifying surgeon; and
(b) periodical medical examination including blood test and other biological tests at intervals of every 6 months by the factory medical officer with the assistance of a laboratory.
(2) Certificates of pre-employment medical examination and periodical medical examination including tests, shall be entered in a health register in Form No. 17, which shall be produced on demand by an Inspector.
(3) If the factory medical officer on examination at any time is of the opinion that any worker has developed signs or symptoms of benzene exposure, he shall make a record of his findings in the said register and inform the manager in writing and on receipt of the information from the factory medical officer, the manager of the factory shall send the worker so found exposed, to the certifying surgeon who shall, after satisfying himself with the finding of the factory medical officer and conducting necessary examination, issue orders of temporary shifting of the worker or suspension of the worker in the process.
(4) The medical examination shall be arranged by the occupier or manager of the factory and the worker so examined shall not bear any expenses for it.
Appendix A
(Paragraph 11)
(a) The hazard :
(1) Benzene and substances containing benzene are harmful.
(2) Prolonged or repeated breathing of benzene vapours may result in acute or chronic poisoning.
(3) Benzene can also be absorbed through skin which may cause skin and other diseases.
(b) The preventive measures to be taken :
(i) Avoid breathing of benzene vapours.
(ii) Avoid prolonged or repeated contact of benzene with the skin.
(iii) Remove benzene soaked or wet clothing promptly.
(iv) If any time you are exposed to high concentration of benzene vapours and exhibit the sign and symptoms such as dizziness, difficulty in breathing, excessive excitation and losing of consciousness, immediately inform your Factory Manager.
(v) Keep all the containers of benzene closed.
(vi) Handle, use and process benzene and substances containing benzene carefully in order to prevent their spillage on floor.
(vii) Maintain good house-keeping.
(c) The protective equipment to be used :
(i) Use respiratory protective equipment in place where benzene vapours are present in high concentration.
(ii) In emergency, use self-generating oxygen mask or oxygen or air-cylinder masks.
(iii) Wear hand gloves, aprons, goggles and gum boots to avoid contact of benzene with your skin and body parts.
(d) The First-aid measure to be taken in case of acute benzen poisoning :
(i) Remove the clothing immediately if it is wetted with benzene.
(ii) If liquid benzene enters eyes, flush thoroughly for at least 15 minutes with clean running water and immediately secure medical attention.
(iii) In case of unusual exposure to benzene vapour call a physician immediately. Until he arrives do the following :
If the exposed person is conscious :
(a) Move him to fresh air in open.
(b) Lay him down without a pillow and keep him quiet and warm.
If the exposed person is unconscious :
(a) Lay him down preferably on the left side with the head low.
(b) Remove any false teeth; chewing-gum tobacco or other foreign objects which may be in his mouth.
(c) Provide him artificial respiration in case difficulty is being experienced in breathing.
(d) In case of shallow breathing or cyanosis (blueness of skin, lips, ears, fingers nail beds), he should be provided with medical oxygen or oxygen carbon dioxide mixture. If needed, he should be given artificial respiration. Oxygen should be administered by a trained person only.
[Schedule XV]
[Schedules XV to XXVI, inserted by Notification No. 501/XXXVI-3-2(f) -85, dated 14th May, 1992, published in U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 14th May, 1992.]
Manufacture of Pottery
### 1. Savings. - These provisions shall not apply to a factory in which any of the following articles, but no other pottery, are made- (a) unglazed or salt glazed bricks and tiles; and
(b) architectural terracotta made from plastic clay and either unglazed or glazed with a leadless glaze only.
### 2. Definitions. - For the purposes of this Schedule- (a) "Efficient exhaust draught" means localized ventilation effected by mechanical or other means for removal of dust or fume so as to prevent it from escaping into air of any place in which work is carried on. No draught shall be deemed efficient which fails to remove effectively dust or fume generated at the point where dust or fume originates;
(b) "fettling" includes scalloping, towing, sand peppering, sand sticking, brushing or any other process of cleaning of pottery ware in which dust is given off;
(c) "first employment" shall mean first employment in any process mentioned under Paragraph 3 and shall also include re-employment in the said process following any cessation of employment for a continuous period exceeding three calendar months;
(d) "ground or powdered flint or quartz" does not include natural sands;
(e) "leadless glaze" means a glaze which does not contain more than one per cent of its dry weight of a lead compound calculated as lead monoxide;
(f) "low solubility glaze" means a glaze which does not yield to dilute hydrochloric acid more than five per cent of its dry weight, of a soluble lead compound calculated as lead monoxide when determined in the manner described below-
A weighed quantity of the material which has been dried at 100 degrees centigrade and thoroughly mixed shall be continuously shaken for one hour at the common temperature with 1000 times its weight of an aqueous solution of hydrochloric acid containing 0.25 per cent by weight of hydrogen chloride. This solution shall thereafter be allowed to stand for one hour and then filtered. The lead salt contained in the clear filtrate shall then be precipitated as lead sulphide and weighed as lead sulphate;
(g) "potter's shop" includes all places where pottery is formed by pressing or by any other process and all places whereby pressing or by any other process and all places where shaping, fettling or other treatment of pottery article prior to placing for the biscuit fire is carried on; and
(h) "Pottery" includes earthenware, stoneware, porcelain, chinatiles, and any other articles made from such clay or from a mixture containing clay and other materials such as quartz, flint, felpspar, and gypsum.
### 3. Efficient exhaust draughts. - The following processes shall not be carried on without the use of an efficient exhaust draught: (a) all processes involving the manipulation or use of a dry and unfritted lead compound;
(b) fettling operations of any kind, whether on greenware or biscuit, provided that this shall not apply to the wet fettling, and to the occasional finishing of pottery articles without the aid of mechanical power;
(c) sifting of clay dust or any other material for making tiles or other articles by pressure, except where-
(i) this is done in machine so enclosed as to effectually prevent the escape of dust; or
(ii) the material to be shifted is so damp that no dust can be given off;
(d) pressing of tiles from clay dust, an exhaust opening being connected with each press, and pressing from clay dust of articles other than tiles, unless the material is so damp that no dust is given off;
(e) fettling of tiles made from clay dust by pressure, except where the fettling is done wholly on or with, damp material, and fettling of other articles made from clay dust, unless the material is so damp that no dust is given off;
(f) process of loading and unloading of saggers where handling and manipulation of ground and powdered flint, quartz, aluminia or other materials are involved;
(g) brushing of earthenware biscuit, unless the process is carried on in a room provided with efficient general mechanical ventilation or other ventilation which is certified by the Inspector as adequate having regard to all the circumstances of the case;
(h) fettling of biscuit ware which has been fired in powdered flint or quartz except where this is done in machine so enclosed as to effectually prevent the escape of dust;
(i) ware cleaning after the application of glaze by dipping or other process;
(j) crushing and dry grinding of materials for pottery bodies and saggars, unless carried on in machines so enclosed as to effectively prevent the escape of dust or is so damp that no dust can be given off;
(k) sieving or manipulation of powdered flint, quartz, clay grog or mixture of these materials unless it is so damp that no dust can be given off;
(l) grinding of tiles on a power driven wheel unless an efficient water spray is used on the wheel;
(m) lifting and conveying of materials by elevators and conveyors unless they are effectively enclosed and so arranged as to prevent escape of dust into the air in or near to any place in which persons are employed;
(n) preparation or weighing out of flow material, lawning of dry colours, colour dusting and colour blowing;
(o) mould making unless the bins or similar receptacles used for holding plaster of paris are provided with suitable covers; and
(p) manipulation of calcined material unless the material has been made and remains so wet that no dust is given off.
### 4. Separation of process. - Each of the following processes shall be carried on in such a manner and under such conditions as to secure effectual separation from one another and from other wet processes- (a) crushing and dry grinding or sieving of materials, fettling, pressing of tiles, drying of clay and green ware, loading and unloading of saggars, and the use of a dry lead compound,
(b) all processes involving the use of a dry lead compound.
### 5. Prohibition on use of glaze. - No glaze which is not a leadless glaze or a low solubility glaze shall be used in a factory in which pottery is manufactured. ###
6. Prohibition relating to women and young persons. - No woman or young person shall be employed or permitted to work in any of the operations specified in Paragraph 4, or at any place where such operations are carried on.
### 7. Provisions of screen to potter's wheel. - The potter's wheel (jolly and jigger) shall be provided with screens or so constructed as to prevent clay scrapings being thrown off beyond the wheel. ###
8. Control of dust during cleaning. - (1) All practical measures shall be taken by dampening or otherwise to prevent dust arising during cleaning of floors.
(2) Damp sawdust or other suitable material shall be used to render the moist method effective in preventing dust rising into the air during the cleaning process which shall be carried out after work has ceased.
### 9. Floor of certain workrooms. - The floors of potter's shops, slip houses, dipping houses and ware cleaning rooms shall be hard, smooth and impervious and shall be thoroughly cleaned daily by an adult male using a moist method. ###
10. Protective equipment. - (1) The occupier shall provide and maintain suitable overalls and head coverings for all persons employed in process included under Paragraph 3.
(2) The occupier shall provide and maintain suitable aprons of a waterproof or similar material which can be sponged daily, for the use of the dippers, dippers' assistants, throwers, jolly workers, casters, mould makers and filterpress and pug mill workers.
(3) Aprons provided in pursuance of sub-paragraph (2) shall be thoroughly cleaned daily by the wearers by sponging or otheV wet processes. All overalls and head coverings shall be washed, cleaned arid mended at least once a week, and this washing, cleaning or mending shall be provided for by the occupier.
(4) No person shall be allowed to work in emptying sacks of dusty materials, weighing out and mixing of dusty materials, and charging of ballmills and plungers without wearing a suitable and efficient dust respirator.
### 11. Washing facilities. - (1) The occupier shall provide and maintain, in a clean state and in good repair for the use of all persons employed in any of the processes specified in Paragraph 8- (a)
a wash place under cover with either-
(i) a trough with smooth impervious surface fitted with a waste pipe without plug, and of sufficient length to allow at least 60 centimetres for every five such persons employed at any one time, and having a constant supply of clean water from taps or jets above the trough at intervals of not more than 60 centimetres; or
(ii) at least one tap or standpipe for every five such persons employed at any one time, and having a constant supply of clean water, the tap or standpipe being spaced not less than 120 centimetres apart; and
(b) a sufficient supply of clean towels made of suitable material changed daily, with sufficient supply of nail brushes and soap.
### 12. Tune allowed for washing. - Before each meal and before the end of the day's work, at least ten minutes, in addition to the regular meal times, shall be allowed for washing to each person employed in any of the processes mentioned in Paragraph 3. ###
13. Mess-room. - (1) There shall be provided and maintained for use of all persons remaining within the premises during the rest intervals, a suitable mess-room providing accommodation of 0.93 square metre per head and furnished with-
(a) a sufficient number of tables and chairs or benches with back rest;
(b) arrangements for washing utensils;
(c) adequate means for warming food; and
(d) adequate quantity of drinking water.
(2) The room shall be adequately ventilated by the circulation of fresh air and placed under the charge of a responsible person and shall be kept clean.
### 14. Food, drinks, etc. prohibited in workrooms. - No food, drink, pan, supari and tobacco shall be brought into or consumed by any worker in any workroom in which any of the processes mentioned in Paragraph 3 are carried on and no person shall remain in any such room during interval for meals or rest. ###
15. Cloak-room, etc. - There shall be provided and maintained for the use of all persons employed in any of the processes mentioned in Paragraph 3,-
(a) a cloak-room for clothing put off during working hours and such accommodation shall be separate from any mess-room; and
(b) separate and suitable arrangements for the storage of protective equipment provided under Paragraph 10.
### 16. Medical facilities and records of examinations and tests. - (1) The occupier of every factory in which manufacturing of pottery is carried on, shall- (a)
employ a qualified medical practitioner for medical surveillance of the workers employed therein whose employment shall be subject to the approval of the Chief Inspector of Factories; and
(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a).
(2) The record of medical examination and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspector.
### 17. Medical examination by Certifying Surgeon. - (1) Every worker employed in any process mentioned under Paragraph 3, shall be examined by a Certifying Surgeon within 15 days of his first employment. Such examination shall include tests for lead in urine and blood, ALA in urine, haemoglobin content, stippling of cells and pulmonary function tests and chest X-ray for workers engaged in processes mentioned in clauses (a) and (n) of Paragraph 3 and pulmonary function test and chest X-rays for the others. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon. (2)
All persons employed in any of the processes mentioned in clauses (a) and (n) of Paragraph 3 shall be examined by a Certifying Surgeon once in every 3 calendar months. Those employed in any other processes mentioned in the remaining clauses of Paragraph 3 shall be examined by a Certifying Surgeon once in every twelve calendar months. Such examinations in respect of all the workers shall include all the tests as specified in sub-paragraph (1) except chest X-ray which will be once in 3 years.
(3) The Certifying Surgeon after examining a worker, shall issue Certificate of Fitness in Form 26. The record of examination and re-examination carried out shall be entered in the certificate and the certificate shall be kept in the custody of the manager of the factory. The record of each examination carried out under sub-paragraphs (1) and (2), including the nature and the results of the tests, shall also be entered by the Certifying Surgeon in a Health Register in Form 27.
(4) The Certificate of Fitness and the Health Register shall be kept readily available for inspection by the Inspector.
(5) If at any time the Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said processes on the ground that continuance therein would involve special danger to health of the worker, he shall make a record of his findings in the said certificate and the Health Register. The entry of his findings in these documents should also include the period for which he considers that the said person is unfit for work in the said processes.
(6) No person who has been found unfit to work as said in sub-paragraph (5) above shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon, after further examination again certifies him fit for employment in those processes.
### 18. Exemption. - If in respect of any factory the Chief Inspector is satisfied that all or any of the provisions of this Schedule are not necessary for the protection of the persons employed in such factory, he may by a certificate in writing exempt such factory from all or any of such provisions subject to such conditions as he may specify therein. Such certificate may at any time be revoked by the Chief Inspector without assigning any reasons. [Schedule XVI]
[Schedules XV to XXVI, inserted by Notification No. 501/XXXVI-3-2(f) -85, dated 14th May, 1992, published in U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 14th May, 1992.]
Manipulation of Stone or any other Material Containing Free Silica
### 1. Application. - This Schedule shall apply to all factories or parts of factories in which manipulation of stone or any other material containing free silica is carried on. ###
2. Definitions. - For the purpose of this Schedule-
(a) "First employment" shall mean first employment in the processes specified in Paragraph 1 and shall also include re-employment in the said processes following any cessation of employment for a continuous period exceeding three calendar months;
(b) "manipulation" means crushing, breaking, chipping, dressing, grinding, sieving, mixing, grading or handling of stone or any other material or any other operation involving such stone or material; and
(c) "stone or any other material containing free silica" means a stone or any other solid material containing not less than 5 per cent by weight of free silica.
### 3. Precautions in manipulation. - No manipulation shall be carried out in a factory or part of a factory unless one or more of the following measures, namely- (a) dampening the stone or other material being processed;
(b) providing water spray;
(c) enclosing the processes;
(d) isolating the process; and
(e) providing localized exhaust ventilation:
are adopted so as to effectively control the dust in any place in the factory where any person is employed, at a level equal to or below the maximum permissible level for silica dust as laid down in the second Schedule appended to Section 41-F of the Act:
Provided that such measures as abovesaid are not necessary if the process of operation itself is such that the level of dust created and prevailing does not exceed the permissible level referred to.
### 4. Maintenance of floors. - (1) All floors or places where fine dust is likely to settle on and wherein any person has to work or pass shall be of impervious material and maintained in such condition that they can be thoroughly cleaned by a moist method or any other method which would prevent dust being airborne in the process of cleaning. (2)
The surface of every floor of every workroom or place where any work is carried on or where any person has to pass during the course of his work, shall be cleaned of dust once at least during each shift after being sprayed with water or by any other suitable method so as to prevent dust being airborne in the process of cleaning.
### 5. Prohibition relating to young persons. - No young person shall be employed or permitted to work in any of the operations involving manipulation or at any place where such operations are carried on. ###
6. Medical facilities and records of examinations and tests. - (1) The occupier of every factory to which the Schedule applies, shall-
(a) employ a qualified medical officer for medical surveillance of the workers employed therein whose employment shall be subject to the approval of the Chief Inspector of Factories, and
(b) provide to the said medical officer all the necessary facilities for the purpose referred to in clause (a).
(2) The record of medical examination and appropriate tests carried out by the said medical officer shall be maintained in separate register approved by the Chief Inspector of Factories which shall be kept readily available for inspection by the Inspector.
### 7. Medical examination by Certifying Surgeon. - (1) Every worker employed in the processes specified in Paragraph 1, shall be examined by a Certifying Surgeon within 15 days of his first employment. Such medical examination shall include pulmonary function tests and chest X-ray. No worker shall be allowed to work after 15 days of his first employment unless certified fit for such employment by the Certifying Surgeon. (2)
Every worker employed in the said processes shall be re-examined by a Certifying Surgeon at least once in every twelve months. Such examination shall, wherever the Certifying Surgeon considers appropriate, include all the tests as specified in sub-paragraph (1) except chest X-ray which will be once in every 3 years.
(3) The Certifying Surgeon after examining a worker, shall issue a Certificate of Fitness in Form 26. The record of re-examination carried out shall be entered in the Certificate and the Certificate shall be kept in the custody of the manager of the Factory. The record of each examination carried out under sub-paragraphs (1) and (2) including the nature and the results of the tests, shall also be entered by the Certifying Surgeon in Health Register in Form 27.
(4) The Certificate of Fitness and the Health Register shall be kept readily available for inspection by the Inspector.
(5) If at any time the Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said processes on the ground that continuance therein would involve special danger to the health of the worker, he shall make a record of his findings in the said certificate and the Health Register. The entry of his findings in those documents also include the period for which he considers that the said person is unfit for work in the said processes.
(6) No person who has been found unfit to work as said in sub-paragraph (5) above shall be re-employed or permitted to work in the said process unless the Certifying Surgeon after further examination, again certifies him fit for employment in those processes.
### 8. Exemption. - If in respect of any factory, the Chief Inspector is satisfied that owing to the exceptional circumstances or infrequency of the processes or for any other reason, all or any of the provisions of this Schedule are not necessary for protection of the workers in the factory, the Chief Inspector may by a certificate in writing, which he may in his discretion revoke at any time, exempt such factory from all or any of such provisions subject to such conditions, if any, as he may specify therein. [Schedule XVII]
[Schedules XV to XXVI, inserted by Notification No. 501/XXXVI-3-2(f) -85, dated 14th May, 1992, published in U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 14th May, 1992.]
Handling and Processing of Asbestos, Manufacture of any Article of Asbestos and any other Process of Manufacture or otherwise in which Asbestos is used in any Form
### 1. Application. - This Schedule shall apply to all factories or part of factories in which any of the following processes are carried on- (a) breaking, crushing, disintegrating, opening, grinding, mixing or sieving of asbestos and any other processes involving handling and manipulation of asbestos incidental thereto;
(b) all processes in the manufacture of asbestos textiles including preparatory and finishing processes;
(c) making of insulation slabs or sections, composed wholly or partly ofmasbestos and processes incidental thereto;
(d) making or repairing of insulating mattresses composed wholly or partly of asbestos, and processes incidental thereto;
(e) manufacture of asbestos cardboard and paper;
(f) manufacture of asbestos or cement goods;
(g) application of asbestos by spray method;
(h) sewing, grinding, turning, abrading and polishing in the dry state of articles composed wholly or partly of asbestos;
(i) cleaning of any room, vessel, chambers, fixture or appliance for the collection of asbestos dust; and
(j) any other processes in which asbestos dust is given off into the work environment.
### 2. Definition. - For the purpose of this Schedule- (a) "approved" means approved for the time being in writing by the Chief Inspector;
(b) "asbestos" means any fibrous silicate mineral and any admixture containing actionlite, amosite, anthophylite, chrysolite, corcidelite, tremolite or any mixture thereof, whether crude, crushed or opened;
(c) "asbestos textiles" means yarn or cloth composed of asbestos mixed with any other material;
(d) "breathing apparatus" means a helmet or face piece with necessary connection by means of which a person using it breathes air free from dust, or any other approved apparatus;
(e) "efficient exhaust draught" means localized ventilation by mechanical means for the removal of dust so as to prevent dust from escaping into air of any place in which work is carried on. No draught shall be deemed to be efficient which fails to control dust produced at the point where such dust originates;
(f) "first employment" shall mean first employment in the processes, specified in Paragraph 1 and shall also include re-employment in the said processes following any cessation of employment for a continuous period exceeding three calendar months;
(g) "preparing" means crushing, disintegrating, and any other processes in or incidental to the opening of asbestos; and
(h) "protective clothing" means overall and head covering, which (in either case) will when worn exclude asbestos dust.
### 3. Tools and equipment. - Any tools or equipment used in processes to which this Schedule applies shall be such that they do not create asbestos dust above the permissible limit or are equipped with efficient exhaust draught. ###
4. Exhaust draught. - (1) An efficient exhaust draught shall be provided and maintained to control dust from the following processes and machines-
(a) manufacture and conveying machinery, namely-
(i) preparing, grinding or dry mixing machines;
(ii) carding, card waste and ring spinning machines, and looms;
(iii) machines or other plant fed with asbestos; and
(iv) machines used for the sewing, grinding, turning, drilling, abrading or polishing, in the dry state, of articles composed wholly or partly of asbestos.
(b) cleaning and grinding of the cylinders or other parts of a carding machine;
(c) chambers, hoppers or other structures into which loose asbestos is delivered or passes;
(d) workbenches for asbestos waste sorting or for other manipulation of asbestos by hand;
(e) workplaces at which the filling or emptying of sacks, skips or other portable containers, weighing or other process incidental thereto which is effected by hand, is carried on;
(f) sack cleaning machines;
(g) mixing and blending of asbestos by hand; and
(h) any other process in which dust is given off into the work environment.
(2) Exhaust ventilation equipment provided in accordance with sub-paragraph (1) shall, while any work of maintenance or repair to the machinery, apparatus or other plant or equipment in connection with which it is provided is being carried on, be kept in use so as to produce an exhaust draught which prevents the entry of asbestos dust into the air of any workplace.
(3) Arrangements shall be made to prevent asbestos dust discharged from exhaust apparatus being drawn into the air of any workroom.
(4) The asbestos bearing dust removed from any workroom by the exhaust system shall be collected in suitable receptacles or filter bags which shall be isolated from all work areas.
### 5. Testing and examination of ventilating systems. - (1) All ventilating systems used for the purpose of extracting or suppressing dust as required by this Schedule shall be examined and inspected once every week by a responsible person. It shall be thoroughly examined and tested by a competent person once in every period of 12 months. Any defects found by such examinations or test shall be rectified forthwith. (2)
A register containing particulars of such examination and tests and the state of the plant and repairs or alterations (if any) found to be necessary shall be kept and shall be available for inspection by an Inspector.
### 6. Segregation in case of certain process. - Mixing or blending by hand of asbestos, or making or repairing of insulating mattresses composed wholly or partly of asbestos shall not be carried on in any room in which any other work is done. ###
7. Storage and distribution of loose asbestos. - All loose asbestos shall while not in use, be kept in suitable closed receptacles which prevent the escape of asbestos dust therefrom and such asbestos shall not be distributed within a factory except in such receptacles or in a totally enclosed system of conveyance.
### 8. Asbestos sacks. - (1) All sacks used as receptacles for the purpose of transport of asbestos within the factory shall be constructed of impermeable material and shall be kept in good repair. (2)
A sack which has contained asbestos shall not be cleaned by hand beating but by a machine, complying with Paragraph 3.
### 9. Maintenance of floors and workplaces. - (1) In every room in which any of the requirements of this Schedule apply- (a)
the floors, workbenches, machinery and plant shall be kept in a clean state and free from asbestos debris and suitable arrangements shall be made for the storage of asbestos not immediately required for use; and
(b) the floors shall be kept free from any materials, plant or other articles not immediately required for the work carried on in the room and which would obstruct the proper cleaning of the floor.
(2) The cleaning as mentioned in sub-paragraph (1) shall, so far as is practicable, be carried out by means of vacuum cleaning equipment as designed and constructed and so used that asbestos dust neither escapes nor is discharged into the air of any workplace.
(3) When the cleaning is done by any method other than that mentioned in sub-paragraph (2), the persons doing cleaning work and any other person employed in that room shall be provided with respiratory protective equipment and protective clothing.
(4) The vacuum cleaning equipment used in accordance with provisions of sub-paragraph (2), shall be properly maintained and after each cleaning operation, its surface shall be kept in a clean state and free from asbestos waste and dust.
(5) Asbestos waste shall not be permitted to remain on the floors or other surfaces at the workplace at the end of the working shift and shall be transferred without delay to suitable receptacles. Any spillage of asbestos waste occurring during the course of the work at any time shall be removed and transferred to the receptacles maintained for the purpose without delay.
### 10. Breathing apparatus and protective clothing. - (1) An approved breathing apparatus and protective clothing shall be provided and maintained in good condition for use of every person employed- (a)
in chambers containing loose asbestos;
(b) in cleaning, dust settling, or filtering chambers, or apparatus;
(c) in cleaning the cylinders, including the doffers cylinders, or other parts of a carding machine by means of hand-strickles;
(d) in filling, beating, or levelling in the manufacture or repair of insulating mattresses; and
(e) in any other operation or circumstance in which it is impracticable to adopt technical means to control asbestos dust in the work environment within the permissible limit.
(2) Suitable accommodation in conveniently accessible position shall be provided for the use of persons when putting on or taking off breathing apparatus and protective clothing provided in accordance with this Schedule and for the storage of such apparatus and clothing when not in use.
(3) All breathing apparatus and protective clothing when not in use shall be stored in the accommodation provided in accordance with sub-paragraph (2).
(4) All protective clothing in use shall be re-dusted under an efficient exhaust draught or by vacuum cleaning and shall be washed at suitable intervals. The cleaning Schedule and procedure should be such as to ensure the efficiency of the said clothing in protecting the wearer.
(5) All breathing apparatus shall be cleaned and disinfected at suitable intervals and thoroughly inspected once every month by a responsible person.
(6) Records of the cleaning and maintenance and of the condition of the breathing apparatus shall be maintained in a register provided for that purpose which shall be readily available for inspection by an Inspector.
(7) No person shall be employed to perform any work specified in sub-paragraph (1) for which breathing apparatus is necessary to be provided under that sub-paragraph unless he has been fully instructed in the proper use of that equipment.
(8) No breathing apparatus provided in pursuance of sub-paragraph (1) which has been worn by a person, shall be worn by another person unless it has been thoroughly cleaned and disinfected since last being worn and the person has been fully instructed in the proper use of that equipment.
### 11. Separate accommodation for personal clothing. - A separate accommodation shall be provided in a conveniently accessible position for all persons employed in operations to which this Schedule applies for storing of personal clothing. This should be separated from the accommodation provided under sub-paragraph (2) of Paragraph 10 to prevent contamination of personal clothing. ###
12. Washing and bathing facilities. - (1) There shall be provided and maintained in a clean state and in good repair for the use of all workers employed in the processes covered by the Schedule, adequate washing and bathing places having a constant supply of water under cover at the rate of one such place for every 15 persons employed.
(2) The washing places shall have standpipes placed at intervals of not less than one metre.
(3) Not less than one-half of the total number of washing places shall be provided with bathrooms.
(4) Sufficient supply of clean towels made of suitable materials shall be provided:
Provided that such towels shall be supplied individually for each worker if so ordered by the Inspector.
(5) Sufficient supply of soap and nail brushes shall be provided.
### 13. Mess-room. - (1) There shall be provided and maintained for the use of all workers employed in the factory covered by this Schedule, remaining on the premises during the rest intervals, a suitable mess-room which shall be furnished with- (a)
sufficient tables and benches with back-rest, and
(b) adequate means for warning food.
(2) The mess-room shall be placed under the charge of a responsible person and shall be kept clean.
### 14. Prohibition of employment of young persons. - No young person shall be employed in any of the processes covered by this Schedule. ###
15. Prohibition relating to smoking. - No person shall smoke in any area where processes covered by this Schedule are carried on. A notice in the language understood by majority of the workers shall be posted in the plant prohibiting smoking at such areas.
### 16. Cautionary Notices. - (1) Cautionary notices shall be displayed at the approaches and along the perimeter of every asbestos processing area to warn all persons regarding: (a)
hazards to health from asbestos dust;
(b) need to use appropriate protective equipment; and
(c) prohibition of entry to unauthorised persons or authorised persons but without protective equipment.
(2) Such notices shall be in the languages understood by the majority of the workers.
### 17. Air Monitoring. - To ensure the effectiveness of the central measures, monitoring of asbestos in air shall be carried out once at least in every shift and the record of the results so obtained shall be entered in a register specially maintained for the purpose. ###
18. Medical facilities and records of medical examinations and tests. - (1) The occupier of every factory or part of the factory to which the Schedule applies, shall-
(a) employ a qualified medical practitioner for medical surveillance of the workers covered by this Schedule whose employment shall be subject to the approval of the Chief Inspector of Factories; and
(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a).
(2) The record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspector.
### 19. Medical examination by Certifying Surgeon. - (1) Every worker employed in the processes specified in Paragraph 1 shall be examined by a Certifying Surgeon within 15 days of his first employment. Such examination shall include pulmonary function tests, tests for detecting asbestos fibers in sputum and chest X-ray. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon. (2)
Every worker employed in the process referred to in sub-paragraph (1) shall be re-examined by a Certifying Surgeon at least once in every twelve calendar months. Such examinations shall, wherever the Certifying Surgeon considers appropriate include all the tests specified in sub-paragraph (1) except chest X-ray which will be carried out once in 3 years.
(3) The Certifying Surgeon after examining a worker, shall issue a Certificate of Fitness in Form 26. The record of examination and re-examinations carried out shall be entered in the certificate and the certificate shall be kept in the custody of the manager of the factory. The record of each examination carried out under sub-paragraphs (1) and (2), including the nature and the results of the test, shall also be entered, by the Certifying Surgeon in a Health Register in Form 27.
(4) The Certificate of Fitness and the Health Register shall be kept readily available for inspection by the Inspector.
(5) If at any time the Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said processes on the ground that continuance therein would involve special danger to the health of the worker, he shall make a record of his findings in the said certificate and the Health Register. The entry of his findings in these documents should also include the period for which he considers that the said person is unfit to work in the said processes.
(6) No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon, after further examination, again certifies him fit for employment in those processes.
### 20. Exemption. - If in respect of any factory, the Chief Inspector is satisfied that owing to the exceptional circumstances or infrequency of the processes for any other reason, all or any of the provisions of this Schedule is not necessary for protection of the workers in the factory, the Chief Inspector may by a certificate in writing, which he may at his discretion revoke at any time, exempt such factory from all or any of such provisions subject to such condition, if any, as he may specify therein. [Schedule XVIII]
[Schedules XV to XXVI, inserted by Notification No. 501/XXXVI-3-2(f) -85, dated 14th May, 1992, published in U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 14th May, 1992.]
Handling or Manipulation of Corrosive Substances
### 1. Definition. - For the purposes of this Schedule- (a) "corrosive operation" means an operation of manufacturing, storing, handling, processing, packing or using any corrosive substance in a factory; and
(b) "corrosive substance" includes Sulphuric acid, Nitric acid, Hydrochloric acid, Hydrofluoric acid, Carbolic acid, Phosphoric acid. Liquid chlorine, Liquid bromine, Ammonia, Sodium hydroxide and Potassium hydroxide and a mixture thereof, and any other substance which the State Government by notification in the Official Gazette specify to be a corrosive substance.
### 2. Flooring. - The floor of every workroom of a factory in which corrosive operation is carried on shall be made of impervious, corrosion and fire resistant material and shall be so constructed as to prevent collection of any corrosive substance. The surface of such flooring shall be smooth and cleaned as often as necessary and maintained in a sound condition. ###
3. Protective equipment. - (1) The occupier shall provide for the use of all persons employed in any corrosive operation suitable protective wear for hands and feet, suitable aprons, face shields, chemical safety goggles and respirators. The equipments shall be maintained in good order and shall be kept in a clean and hygienic condition by suitably treating to get rid of the ill effects of any absorbed chemicals and by disinfecting. The occupier shall also provided suitable protective creams and other preparations wherever necessary.
(2) The protective equipment and preparations provided shall be used by the persons employed in any corrosive operation.
### 4. Water facilities. - Where any corrosive operation is carried on, there shall be provided as close to the place of such operation as possible a source of clean water at a height of 210 centimetres from a pipe of 1.25 centimetres diameter and fitted with a quick acting valve so that in case of injury to the worker by any corrosive substance, the injured part can be thoroughly flooded with water. Whenever necessary, in order to ensure continuous water supply, a storage tank having a minimum length, breadth and height of 210 centimeters, 120 centimeters and 60 centimeters respectively or such dimensions as are approved by the Chief Inspector shall be provided as the source of clean water. ###
5. Cautionary notice. - A cautionary notice in the following form and printed in the language which majority of the workers employed understand, shall be displayed prominently close to the place where a corrosive operation is carried out and where it can be easily and conveniently read by the workers. If any worker is illiterate, effective steps shall be taken to explain carefully to him the contents of the notice so displayed.
| |
| --- |
|
Cautionary Notice
Danger
Corrosive substances cause severe burns and
vapours thereof may be extremely hazardous. In case of contact,
immediately flood the part effected with plenty of water for at
least 15 minutes
|
Get medical attention quickly.
### 6. Transport. - (1) Corrosive substances shall not be filled, moved or carried except in containers or through pipes and when they are to be transported in containers they shall be placed in crates of sound construction and of sufficient strength. (2)
A container with a capacity of 11.5 litres or more of a corrosive substance shall be placed in a receptacle or crate and then carried by more than one person at a height below the waist line unless a suitable rubber wheeled truck is used for the purpose.
(3) Containers for corrosive substances shall be plainly labelled.
### 7. Devices for handling corrosives. - (1) Tilting, lifting or pumping arrangements shall be used for emptying jars, carboys and other containers of corrosives. (2)
Corrosive substance shall not be handled by bare hands but by means of a suitable scoop or device.
### 8. Openings of valves. - Valves fitted to containers holding a corrosive substance shall be opened with great care. If they do not work freely, they shall not be forced open. They shall be opened by a worker suitably trained for the purpose. ###
9. Cleaning tanks, sills etc. - (1) In cleaning out or removing residues from sills or other large chambers used for holding any corrosive substance, suitable implements made of wood or other material shall be used to prevent production of arseniuretted hydrogen (arsine).
(2) Whenever it is necessary for the purpose of cleaning or other maintenance work for any worker to enter chamber, tank, vat, pit or other confined space where a corrosive substance had been stored, all possible precautions required under Section 36 of the Act shall be taken to ensure the worker's safety.
(3) Wherever possible, before repairs are undertaken to any part of equipment in which a corrosive substance was handled, such equipment or part thereof shall be freed of any adhering corrosive substance by adopting suitable method.
### 10. Storage. - (1) Corrosive substances shall not be stored in the same room with other chemical materials such as turpentine, carbides, metallic powders and combustible materials, to accidental mixing with, which may cause a reaction which is either violent or gives rise to toxic fumes and gases. (2)
Pumping or filling overhead tanks, receptacles vats or other container for storing corrosive substances shall be so arranged that there is no possibility of any corrosive substance overflowing and causing injury to any person.
(3) Every container having a capacity of twenty litres or more and every pipeline, valve, and fitting used for storing or carrying corrosive substance shall be thoroughly examined every year for finding out any defects, and defects so found out shall be removed forthwith. A register shall be maintained of every such examination made and shall be produced before the Inspector whenever required.
### 11. Fire extinguishers and fire-fighting equipment. - An adequate number of suitable type of fire extinguishers or other fire-fighting equipment, depending on the nature of chemicals stored, shall be provided. Such extinguishers or other equipment shall be regularly tested and refilled. Clear instructions as to how the extinguishers or other equipment should be used, printed in the language which majority of the workers employed understand, shall be affixed near each extinguisher or other equipment. ###
12. Exemption. - If in respect of any factory on an application made by the Manager, the Chief Inspector is satisfied that owing to the exceptional circumstances, or the infrequency of the process or for any other reason to be recorded by him in writing, all or any of the provisions of this Schedule are not necessary for the protection of the persons employed therein, he may by a certificate in writing which he may at any time revoke, exempt the factory from such of the provisions and subject to such conditions as he may specify therein.
[Schedule XIX]
[Schedules XV to XXVI, inserted by Notification No. 501/XXXVI-3-2(f) -85, dated 14th May, 1992, published in U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 14th May, 1992.]
Compression of Oxygen and Hydrogen Produced by Electrolysis of Water
### 1. Location of electrolyser plant. - The room in which electrolyser plant is installed shall be separate from the plant for storing and compressing the oxygen and hydrogen and also the electric generator room. ###
2. Testing of purity. - (1) The purity of oxygen and hydrogen shall be tested by competent person at least once in every shift at the following posts-
(a) in the electrolysis room;
(b) at the gas-holder inlet; and
(c) at the suction and of the compressor.
(2) The purity figures shall be entered in a register and signed by the persons carrying out such tests:
Provided that if the electrolyser plant is fitted with automatic recorder of purity of oxygen and hydrogen with alarm lights, it shall be sufficient to the purity of gases is tested at the suction and of the compressor only.
### 3. Restrictions as to the compression. - The oxygen and hydrogen gases shall not be compressed if their purity as determined under Paragraph 2 above falls below 98 per cent at any time. ###
4. Limit switch for gasholder. - The bell of any gasholder shall not be permitted to go within the 30 centimeters of its lowest position when empty and a limit switch shall be fitted in the gasholder in such a manner as to switch off the compressor motor when the limit is reached.
### 5. Provision of negative pressure switch. - In addition to the limit switch in the gasholder, a sensitive negative pressure switch shall be provided in or adjacent to the suction main for hydrogen close to the gasholder and between the gasholder and the hydrogen compressor to switch off the compressor meter in the event of the gasholder being emptied to the extent as to cause vacuum. ###
6. Purity of caustic soda. - The water and caustic soda used for making lye shall be chemically pure within pharmaceutical limits.
### 7. Precautions against reversal of polarity. - Electrical connections at the electrolyser cells and at the electric generator terminals shall be constructed as to preclude the possibility or wrong connections leading to the reversal of polarity and in addition an automatic device shall be provided to cut off power in the event of reversal of polarity owing to wrong connections either at the switch board of at the electric generator terminals. ###
8. Colouring of gas pipes. - Oxygen and hydrogen gas pipes shall be painted with distinguishing colours and in the event of leakage at the joints of the hydrogen gas pipe, the pipe after reconnection shall be purged of all air before drawing in hydrogen gas.
### 9. Use of flame proof fittings. - All electrical wiring and apparatus in the electrolyser room shall be of flame proof construction or enclosed in flameproof fittings and no naked light or flame shall be allowed to be taken either in the electrolyser room or where compression and filling of the gases is carried on and such warning notices shall be exhibited in prominent places, ###
10. Prohibition of hot work. - No part of the electrolyser plant and the gasholders and compressor shall be subjected to welding, brazing, soldering or cutting until steps have been taken to remove any explosive substance from that part and render the part safe for such operations and after the completion of such operations no explosive substance shall be allowed to enter that part until the metal has cooled sufficiently to prevent risk of explosion.
### 11. Repair etc. to be done under supervision. - No work or operation, repair or maintenance shall be undertaken except under the direct supervision of a person who, by his training, experience and knowledge of the necessary precautions against risk of explosion is competent to supervise such work. No electric generator after erection or repairs shall be switched on to the electrolysers unless the same is certified by the competent persons under whose direct supervision erection or repairs are carried on to be in a safe condition and the terminals have been checked for the polarity as required by Paragraph 7, ###
12. Checking of plant. - Every part of the electrolyser plant and the gasholders and compressor shall have a regular Schedule of overhaul and checking and every defect noticed shall be rectified forthwith.
[Schedule XX]
[Schedules XV to XXVI, inserted by Notification No. 501/XXXVI-3-2(f) -85, dated 14th May, 1992, published in U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 14th May, 1992.]
Process of Extracting Oils and Fats From Vegetable and Animal Source in Solvent Extraction Plants
### 1. Definitions. - For the purposes of this Schedule- (a) "Competent person" for the purpose of this Schedule shall be at least a Member of the Institution of Engineers (India) or an Associate Member of the said Institution with 10 years experience in a responsible position as may be approved by the Chief Inspector:
Provided that a graduate in mechanical engineering or chemical engineering technology with specialized knowledge of oils and fats and with a minimum experience of 5 years in a solvent extraction plant shall also be considered to be a competent person:
Provided further that the State Government may accept any other qualifications if in its opinion they arc equivalent to the qualifications aforesaid.
(b) "flame proof enclosure" as applied to electrical machinery or apparatus means an enclosure that will withstand, when covers or other access doors are properly secured, an internal explosion of the flammable gas or vapour which may enter or which may originate inside the enclosure without suffering damage and without communicating internal inflammation (or explosion) to the external flammable gas or vapour;
(c) "solvent" means an inflammable liquid such as pentane, hexane and heptane used for the recovery of vegetable oils;
(d) "solvent extraction plant" means a plant in which the process of extracting oils and fats from vegetable and animal sources by the use of solvents is carried on.
### 2. Location and layout. - (1) No solvent extraction plant shall be permitted to be constructed or extended to within a distance of 30 meters from the nearest residential locality. (2)
A 1-5 metre high continuous wire fencing shall be provided around the solvent extraction plant up to a minimum distance of 15 meters from the plant.
(3) No person shall be allowed to carry any matches or an open flame of fire inside the area bound by the fencing.
(4) Boiler houses and other buildings where open flame processes are carried on shall be located at least 30 metres away from the solvent extraction plant.
(5) If godowns and preparatory processes are at a distance of less than 30 meters from the solvent extraction plant, these shall be at least 15 meters distant from the plant, and a continuous barrier wall of non-combustible material 1.5 meters high shall be erected at distance of not less than 15 meters from the solvent extraction plant so that it extends to at a least 30 meters of vapour travel around its ends from the plant to the possible sources of ignition.
### 3. Electrical installations. - (1) All electrical motors and wiring and either electrical equipment installed or housed in solvent extraction plant shall be of flame proof constructions. (2)
All metal parts of the plant and building including various tanks and containers where solvents are stored are present and all parts of electrical equipment not required to be energised shall be properly bonded together and connected to earth so as to avoid accidental rise in the electrical potential of such parts above the earth potential.
### 4. Restrictions on smoking. - Smoking shall be strictly prohibited within 15 meters distance from solvent extraction plant. For this purpose, "No Smoking" signs shall be permanently displayed in the areas. ###
5. Precautions against friction. - (1) All tools and equipment including ladders, chains and other lifting tackle required to be used in solvent extraction plant shall be of non-sparking type.
(2) No machinery or equipment in solvent extraction plant shall be belt driven.
(3) No person shall be allowed to enter and work in the solvent extraction plant if wearing clothes made of nylon or such other fibre that can generate static electrical charge or wearing footwear which is likely to cause sparks by friction.
### 6. Fire-fighting apparatus. - (1) Adequate number of portable fire extinguisher suitable for use against flammable liquid fires shall be provided in the solvent extraction plant. (2)
An automatic water spray sprinkler system on a wet pipe or open-head deluge system with sufficient supply of storage water shall be provided over solvent extraction plant and throughout the building housing such plant.
### 7. Precautions against power failure. - Provision shall be made for the automatic cutting off of steam in the event of power failure and also for emergency overhead water-supply for feeding water by gravity to condensers which shall come into play automatically with the power failure. ###
8. Magnetic separators. - Oil cake shall be fed to the extractor by a conveyor through a hopper and a magnetic separator shall be provided to remove any pieces of iron during its transfer.
### 9. Venting. - (1) Tanks containing solvents shall be protected with emergency venting to relieve excessive internal pressure in the event of fire. (2)
All emergency relief vents shall terminate at least 6 metres above the ground and be so located that vapours will not re-enter the building in which solvent extraction plant is located.
### 10. Waste water. - Process waste water shall be passed through a flash evaporator to remove any solvent before it is discharged into a sump which should be located within the fenced area but not closer than eight metres to the fence. ###
11. Ventilation. - The solvent extraction plant shall be well ventilated and if the plant is housed in a building, the building shall be provided with mechanical ventilation with provision for at least six air changes per hour.
### 12. House-keeping. - (1) Solvent shall not be stored in an area covered by solvent extraction plant except in small quantities which shall be stored in approved safety cans. (2)
Waste materials such as oily rags, other wastes and absorbents used to wipe off solvent and paints and oils shall be deposited in approved containers and removed from the premises at least once a day.
(3) Space within the solvent extraction plant and within 15 meters from the plant shall be kept free from any combustible materials and any spills of oil or solvent, shall be cleaned up immediately.
### 13. Examination ami repairs. - (1) The solvent extraction plant shall be examined by the competent person to determine any weakness or corrosion and wear once in every 12 months. Report of such examination shall be supplied to the Inspector with his observation as to whether or not the plant is in safe condition to work. (2)
No repairs shall be carried out to the machinery or plant except under the direct supervision of the competent person.
(3) Facility shall be provided for purging the plant with inert gas before opening for cleaning or repairs and before introducing solvent after repairs.
### 14. Operating Personnel. - The operation of the plant and machinery in the solvent extraction plant shall be in the charge of such duly qualified and trained persons as are certified by the competent person to be fit for the purpose and no other person shall be allowed to operate the plant and machinery. ###
15. Employment of women and young persons. - No women or young person shall be employed in the solvent extraction plant.
### 16. Vapour detection. - A suitable type of flame proof and portable combustible gas indicator shall be provided and maintained in good working order and a Schedule of routine sampling of atmosphere at various location approved by the Chief Inspector shall be drawn out and entered in a register maintained for the purpose. [Schedule XXI]
[Schedules XV to XXVI, inserted by Notification No. 501/XXXVI-3-2(f) -85, dated 14th May, 1992, published in U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 14th May, 1992.]
Manufacture or Manipulation of Manganese and its Compounds
### 1. Application. - This Schedule shall apply to every factory in which or in any part of which any manganese process is carried on. ###
2. Definitions. - For the purposes of this Schedule-
(a) "efficient exhaust ventilation" means localized ventilation effected by mechanical means for the removal of dust or fume or mist at its source of origin so as to prevent it from escaping into the atmosphere of any place where any work is carried on. No drought shall be deemed to be efficient which fails to remove the dust or fume or mist at the point where it is generated and fails to prevent it from escaping into and spreading into the atmosphere of a workplace;
(b) "first employment" means first employment in any manganese process following any cessation of employment for a continuous period exceeding three calendar months;
(c) "manganese process" means processing, manufacture or manipulation of manganese or any compound of manganese or any mixture containing manganese; and
(d) "manipulation" means mixing, blending, filling, emptying, grinding, sieving, drying, packing, sweeping or otherwise handling of manganese, or a compound of manganese, or any ore or any mixture containing manganese.
### 3. Isolation of a process. - Every manganese process which may give rise to dust, vapour or mist containing manganese, shall be carried on in a totally enclosed system or otherwise effectively isolated from other processes so that other plants and processes and other parts of the factory and persons employed on other processes may not be effected by the same. ###
4. Ventilation of process. - No process in which any dust, vapour or mist containing manganese is generated, shall be carried out except under an efficient exhaust ventilation which shall be applied as near to the point of generation as practicable.
### 5. Personal protective equipment. - (1) The occupier of the factory shall provide and maintain in good and clean condition suitable overalls and head coverings for all persons employed in any manganese process and such overalls and head coverings shall be worn by the persons while working on a manganese process. (2)
The occupier of the factory shall provide suitable respiratory protective equipment for use by workers in emergency to prevent inhalation of dust, fumes or mists. Sufficient number of complete sets of such equipment shall always be kept near the workplace and the same shall be properly maintained and kept always in a condition to be used readily.
(3) The occupier shall provide and maintain for the use of all persons employed, suitable accommodation for the storage and make adequate arrangement for cleaning and maintenance of personal protective equipment.
### 6. Prohibition relating to women and young persons. - No women or young persons shall be employed or permitted to work in any manganese process. ###
7. Food, drinks etc. prohibited in the workrooms. - No food, drink, pan and supari or tobacco shall be allowed to be brought into premises consumed by any worker in any workroom in which any manganese process is carried on.
### 8. Mess-room. - There shall be provided and maintained for the use of the persons employed in a manganese process a suitable mess-room which shall be furnished with sufficient tables and benches and adequate means for warming of food. The mess-room shall be placed under the charge of a responsible person and shall be kept clean. ###
9. Washing facilities. - There shall be provided and maintained in a clean state and in good condition, for the use of persons employed on manganese process-
(a) a wash place under cover, with either-
(i) a trough with a smooth impervious surface fitted with a waste pipe without plug, and of sufficient length to allow at least 60 centimeters for every ten such persons employed at any one time, and having a constant supply of water from tap or jet above the trough at intervals of not more than 60 centimeters; or
(ii) at least one wash basin for every five such persons employed at any one time, fitted with a waste pipe and plug and having a constant supply of water; and
(b) sufficient supply of soap or other suitable cleaning materials and nail brushes and clean towels.
### 10. Cloak-room. - If the Chief Inspector so requires there shall be provided and maintained for the use of persons employed in manganese process a cloak-room for clothing, put off during working hours with adequate arrangements for drying the clothing. ###
11. Cautionary placard and instructions. - Cautionary notices in the form specified in appendix and printed in the language of the majority of the workers employed, shall be affixed in prominent places in the factory where they can be easily and conveniently read by the workers and arrangement shall be made by the occupier to instruct periodically all workers employed in a manganese process regarding the health hazards connected with their duties and the best preventive measures and methods to protect themselves. The notices shall always be maintained in a legible condition.
### 12. Medical facilities and records of examination and tests. - (1) The occupier of every factory to which the Schedule applies, shall- (a)
employ a qualified medical practitioner for medical surveillance of the workers employed therein whose employment shall be subject to the approval of the Chief Inspector of Factories; and
(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a).
(2) The record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspector.
### 13. Medical examination by Certifying Surgeon. - (1) Every worker employed in any manganese process shall be medically examined by a Certifying Surgeon within 15 days of his first employment. Such examination shall include tests for detection of serum calcium, serum phosphate and manganese in blood and urine and also include steadiness tests and other neuromuscular co-ordination tests. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified for such employment by the Certifying Surgeon. (2)
Every worker employed in a manganese process shall be re-examined by a Certifying Surgeon at least once in every three calendar months and such examination shall, wherever the Certifying Surgeon considers appropriate include all the tests in sub-paragraph (1) .
(3) The Certifying Surgeon after examining a worker shall issue a Certificate of Fitness in Form 26. The record of examination and re-examinations carried out shall be entered in the Certificate and the Certificate shall be kept in the custody of the manager of the factory. The records of each examination carried out under sub-paragraphs (1) and (2) including the nature and the results of these tests, shall also be entered by the Certifying Surgeon in a Health Register in Form 27.
(4) The Certificate of Fitness and the Health Register shall be kept readily available for inspection by the Inspector.
(5) If at any time the Certifying Surgeon is of the opinion that the worker is no longer fit for employment in the said process on the ground that continuance therein would involve special danger to the health of the worker, he shall make a record of his findings in the said certificate and the Health Register. The entry of his findings in these documents should also include the period for which he considers that the said person is unfit to work in the said process.
(6) No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon after further examination, again certifies him fit for employment in those processes.
### 14. Exemption. - If in respect of any factory the Chief Inspector is satisfied that owing to any exceptional circumstances, or infrequency of the process or for any other reason, application of all or any of the provisions of this Schedule is not necessary for the protection of the persons employed in such factory he may, by an order in writing which he may at his discretion revoke, exempt such factory from all or any of the provisions on such conditions and for such period as he may specify in the said order. Appendix
Cautionary Notice
Manganese and Manganese Compounds
### 1. Dust, Fumes and mists of manganese and its compounds are toxic when inhaled or when ingested. ###
2. Do not consume food or drinks near the workplace.
### 3. Take a good wash before taking meals. ###
4. Keep the working area clean.
### 5. Use the protective clothing and equipment provided. ###
6. When required to work in situations where dusts, fumes or mists are likely to be inhaled, use respiratory protective equipment provided for the purpose.
### 7. If you get severe headaches, prolonged sleeplessness or abnormal sensations on the body, report to the manager who would make arrangements for your examination and treatment. [Schedule XXII]
[Schedules XV to XXVI, inserted by Notification No. 501/XXXVI-3-2(f) -85, dated 14th May, 1992, published in U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 14th May, 1992.]
Manufacture or Manipulation of Dangerous Pesticides
### 1. Application. - This Schedule shall apply in respect of all factories or any part thereof in which the process of manufacture or manipulation of dangerous pesticide hereinafter referred or as the said manufacturing process is carried on. ###
2. Definitions. - For the purposes of this Schedule-
(a) "dangerous pesticides" means any product proposed or used for controlling, destroying or repelling any part or for preventing growth or mitigating excepts of such growth including any of its formulations which is considered toxic under and is covered by the Insecticides Act, 1968 and the rules made thereunder and any other product, as may be notified from time to time by the State Government;
(b) "efficient exhaust draught" means localized mechanical ventilation for removal of smoke, gas vapour, dust, fume or mist so as to prevent them from escaping into the air of any workroom in which work is carried on. No exhaust draught shall be considered efficient if it fails to remove smoke generated at the point where such gas, fume, dust, vapour or mist originates from the process;
(c) "first employment" shall mean first employment in any manufacturing process to which this Schedule applies and shall also include re-employment in the said manufacturing process following any cessation of employment for a continuous period exceeding three calendar months; and
(d) "manipulation" including mixing, blending, formulating, filling, emptying, packing or otherwise handling.
### 3. Instruction to workers. - Every worker on his first employment shall be fully instructed on the properties including dangerous properties of the chemicals handled in the said manufacturing process and the hazards involved. The employees shall also be instructed in the measures to be taken to deal with any emergency, such instructions shall be repeated periodically. ###
4. Cautionary notice and placards. - Cautionary notices and placards in the form specified in appendix to this Schedule and printed in the language of the majority of the workers shall be displayed in all workplaces in which the said manufacturing process is carried on so that they can be easily and conveniently read by the workers. Arrangements shall be made by the occupier and the manager of the factory to periodically instruct the workers regarding the health hazards arising in the said manufacturing process and methods of protection. Such notices shall include brief instructions regarding the periodical clinical tests required to be undertaken for protecting health of the workers.
### 5. Prohibition relating to employment of women or young persons. - No women or young person shall be employed or permitted to work in any room in which the said manufacturing process is carried on or in any room in which dangerous pesticide is stored. ###
6. Food, drinks and smoking prohibited. - (1) No food, drink, tobacco, pan or supari shall be brought into or consumed by any worker in any workroom in which the said manufacturing process is carried out.
(2) Smoking shall be prohibited in any workroom in which the said manufacturing process is carried out.
### 7. Protective clothing and protective equipment. - (1) Protective clothing consisting of long pants and shirts or overalls with long sleeves and head coverings shall be provided for all workers employed in the said manufacturing process. (2)
(a) Protective equipment consisting of rubber gloves, gum boots, rubber apron, chemical safety goggles and respirators shall be provided for all workers employed in the said manufacturing process.
(b) Gloves, boots, aprons shall be made from synthetic rubber where a pesticide contains oil.
(3) Protective clothing and equipment shall be worn by workers supplied with such clothing and equipment.
(4) Protective clothing and equipment shall be washed daily inside and outside if the workers handle pesticides containing nicotine or phosphorus and shall be washed frequently if handling other pesticides.
(5) Protective clothing and equipment shall be maintained in good repair.
### 8. Floors and workbenches. - (1) Floors in every workroom where dangerous pesticides are manipulated shall be of cement or other impervious material giving a smooth surface. (2)
Floors shall be maintained in good repair, provided with adequate slope leading to a drain and thoroughly washed once a day with hose pipe.
(3) Workbenches where dangerous pesticides are manipulated shall be made of smooth, non-absorbing material preferably stainless steel and shall be cleaned at least once daily.
### 9. Spillage and waste. - (1) If a dangerous pesticide during its manipulation splashes or spills on the work-bench, floor or on the protective clothing worn by a worker, immediate action shall be taken for thorough decontamination of such areas or articles. (2)
Cloth, rags, paper or other material soaked or soiled with a dangerous pesticide shall be deposited in a suitable receptacle with tight fitting cover. Contaminated waste shall be destroyed by burning at least once a week.
(3) Suitable deactivating agents where available shall be kept in a readily accessible place for use while attending to a spillage.
(4) Easy means of access shall be provided to all parts of the plants for cleaning, maintenance and repairs.
### 10. Empty containers used for dangerous pesticides. - Containers used for dangerous pesticides shall be thoroughly cleaned of their content and treated with an in-activating agent before being discarded or destroyed. ###
11. Manual handling. - (1) A dangerous pesticide shall not be required or allowed to be manipulated by hand except by means of a long handled scoop.
(2) Direct contact of any part of the body with a dangerous pesticide during its manipulation shall be avoided.
### 12. Ventilation. - (1) In every workroom or area whereas dangerous pesticide is manipulated, adequate ventilation shall be provided at all times by the circulation of fresh air. (2)
Unless the process is completely enclosed the following operations during manipulation of a dangerous pesticide shall not be undertaken without an efficient exhaust draught-
(a) empty a container holding a dangerous pesticide;
(b) blending a dangerous pesticide;
(c) preparing a liquid or powder formulation containing a dangerous pesticide; and
(d) changing or filling a dangerous pesticide into a container, tank, hamper or machines or small sized containers,
(3) In the event of a failure of the exhaust draught provided on the above operation, the said operations shall be stopped forthwith.
### 13. Time allowed for washing. - (1) Before each meal and before the end of the day's work at least ten minutes in addition to the regular rest interval shall be allowed for washing to each worker engaged in the manipulation of dangerous pesticide. (2)
Every worker engaged in the manipulation of dangerous pesticides shall have a thorough wash before consuming any food and also at the end of the day's work.
### 14. Washing and bathing facilities. - (1) There shall be provided and maintained in a clean state and in good repair for the use of all workers employed in the factory where the said manufacturing process is carried on adequate washing and bathing places having a constant supply of water under cover at the rate of one such place for every 5 persons employed. (2)
The washing places shall have standpipes placed at intervals of not less than one meter.
(3) Not less than one half of the total number of washing places shall be provided with bathrooms.
(4) Sufficient supply of clean towels made of suitable material shall be provided:
Provided that such towels shall be supplied individually for each worker if so ordered by the Inspector.
(5) Sufficient supply of soap and nail brushes shall be provided.
### 15. Cloak-room. - There shall be provided and maintained for the use of all workers employed in the factory where the said manufacturing process is carried on- (a) a cloak-room for clothing put off during working hours with adequate arrangements for drying clothing if wet; and
(b) separate and suitable arrangements for the storage of protective clothing provided under Paragraph 7.
### 16. Mess-room. - (1) There shall be provided and maintained for the use of all workers employed in the factory in which the said manufacturing process is carried on and remaining on the premises during the rest intervals a suitable mess-room which shall be furnished with- (a)
sufficient tables and benches with back rest; and
(b) adequate means for warming food.
(2) The mess-room shall be placed under the charge of a responsible person and shall be kept clean.
### 17. Manipulation not to be undertaken. - Manufacture or manipulation of a pesticide shall not be undertaken in any factory unless a certificate regarding its dangerous nature or otherwise is obtained from the Chief Inspector. ###
18. Medical facilities and records of examinations and tests. - (1) The occupier of every factory to which the Schedule applies, shall-
(a) employ a qualified medical practitioner for medical surveillance of the workers employed therein whose employment shall be subject to the approval of the Chief Inspector of Factories; and
(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a).
(2) The record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories which shall be kept readily available for inspection by the Inspector.
### 19. Examined by the Certifying Surgeon. - (1) Every worker employed in the processes mentioned in Paragraph 1 shall be examined by the Certifying Surgeon within 15 days of his first employment. Such examination in respect of Halogenated pesticides, shall include tests for determination of the chemical in blood and in fat tissues, EEG abnormalities and memory tests, in respect of organo phosphorous compounds, such examinations shall include test for depression of cholinesterase in plasma and red blood cells. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon. (2)
Every worker employed in the said processes shall be re-examined by a Certifying Surgeon at least once in every six calendar months and such examination shall, wherever the Certifying Surgeon. The record of each examination carried out under sub-paragraphs (1) . Further every worker employed in the said processes shall also be examined once in every three months by the factory medical officer.
(3) The Certifying Surgeon after examining a worker, shall issue a certificate of Fitness in Form 26. The record of examination and re-examination carried out shall be entered in the certificate and the certificate shall be kept in the custody of manager of the factory. The record of each examination carried out under sub-paragraph (1) and (2), including the nature and the results of these tests, shall also be entered by the Certifying Surgeon in a Health Register in Form 27.
(4) The Certificate of Fitness and the Health Register shall be kept readily available for inspection by the Inspector.
(5) If at any time the Certifying Surgeon is of the opinion that a worker is no longer fit for employment in the said processes on the ground that continuance therein would involve special danger to the health of the worker he shall make a record of his findings in the said certificate and the Health Register. The entry of his findings in those documents should also include the period for which he considers that the said person is unfit to work in the said processes.
(6) No person who has been found unfit to work as said in sub-paragraph (5) shall be re-employed or permitted to work in the said processes unless the Certifying Surgeon after further examination again certifies him fit for employment in those processes.
### 20. Exemption. - If in respect of any factory, the Chief Inspector is satisfied that owing to the exceptional circumstances or the infrequency of the said manufacturing process or for any other reason which he shall record in writing all or any of the provisions of this Schedule are not necessary for the protection of the workers employed in the factory, he may by a certificate in writing exempt such factory, from all or any of the provisions on such condition as he may specify therein, such certificate may at any time be revoked by the Chief Inspector after recording his reasons therefor. Appendix A
Cautionary Notice
Insecticides and pesticides
### 1. Chemical handled in this plant are poisonous substances. ###
2. Smoking, eating food or drinking, chewing tobacco in this area is prohibited. No foodstuff or drink shall be brought in this area.
### 3. Some of those chemicals may be absorbed through skin and may cause poisoning. ###
4. A good wash shall be taken before meals.
### 5. A good bath shall be taken at the end of the shift. ###
6. Protective clothing and equipment supplies shall be used while working in this area.
### 7. Containers of pesticides shall not be used for keeping foodstuffs. ###
8. Spillage of the chemicals on any part of the body or on the floor or workbench be immediately washed away with water.
### 9. Clothing contaminated due to splashing shall be removed immediately. ###
10. Scrupulous cleanliness shall be maintained in the area.
### 11. Do not handle pesticides with bare hands, use scoops provided with handle. ###
12. In case of sickness like nausea, vomiting, giddiness, the manager should be informed who shall make necessary arrangements for treatment.
### 13. All workers shall report for the prescribed medical tests regularly to protect their own health. [Schedule XXIII]
[Schedules XV to XXVI, inserted by Notification No. 501/XXXVI-3-2(f) -85, dated 14th May, 1992, published in U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 14th May, 1992.]
Manufacturing process or operations in Carbon Disulphide Plants
### 1. Application. - This schedule shall apply to all electric furnaces in which carbon disulphide is generated and all other plants where carbon disulphide after generation, is condensed, refined and stored. This schedule is in addition to and not in derogation of any of the provisions of the Act and Rules made thereunder. ###
2. Construction, Installation and operation. - (1) The buildings in which electric furnaces area installed and carbon disulphide after generation is condensed and refined shall be segregated from other parts of the factory and shall be of open type of ensure optimum ventilation and the plant layout shall be such that only a minimum number of workers are exposed to the risk of any fire or explosion at any one time.
(2) Every electric furnace and every plant in which carbon disulphide is condensed, refined and stored with all their fittings and attachments shall be of good construction, sound material and of adequate strength to sustain the internal pressure to which furnace or the plant may be subjected to, and shall be so designed that carbon disulphide liquid and gas are in closed system during their normal working.
(3) The electric furnace supports shall be firmly routed about 60 centimetres' in concrete or by other effective means,
(4) Every electric furnace shall be installed and operated according to manufacturers' instructions and these instructions shall be clearly imparted to the personnel incharge of construction and operation.
(5) The instructions regarding observance of correct furnace temperature, sulphur dose, admissible current, or power consumption, and periodical checking of charcoal level shall be strictly complied with.
### 3. Electrodes. - (1) Where upper ring electrodes made of steel are used in the electric furnace, they shall be of seamless tube construction and shall have arrangement for being connected to cooling water system through a siphon built in the electrodes or through a positive pressure water pump. (2)
The arrangement for cooling water referred to in sub-paragraph (1) shall be connected with automatic alarm system which will actuate in the event of interruption of cooling water in the electrodes and give visible and audible alarm signals in the control room and simultaneously stop power supply for the furnace operation and stop the future supply or water. The alarm system and the actuating device shall be checked every day.
### 4. Maintenance of charcoal level. - When any electric furnace is in operation, it shall be ensured that the electrodes are kept covered with charcoal bed. ###
5. Rupture disc and safety seal. - At least two rupture discs be fitted on the off take pipe between the electric furnace and sulphur separator to prevent entry of pieces of charcoal into the condensers and piping.
### 6. Rupture disc and safety seal. - (1) At least two rupture discs of adequate size which shall blow off at a pressure twice the maximum operating pressure shall be provided on each furnace and shall either be mounted directly on the top of the furnace or each through an independent pipe as close as possible to the furnace. (2)
The safety water shall be provided and tapped from a point between the charcoal separator and the sulphur separator.
### 7. Pyrometers and manometers. - (1) Each electric furnace shall be fitted with adequate number of pyrometers to give an indication of the temperature as correctly as reasonably practicable at various points in the furnace The dials for reading the temperatures shall be located in the control room. (2)
Manometers or any other suitable devices shall be provided for indicating pressure-
(a) in the off take pipe before and after the sulphur separator; and
(b) in primary and secondary condensers.
### 8. Check valves. - All piping carrying carbon disulphide shall be fitted with check valves at suitable positions so as to prevent gas from flowing back into any electric furnace in the event of its shut down. ###
9. Inspection and maintenance of electric furnaces. - (1) Every electric furnace shall be inspected internally by a competent person-
(a) before being placed in service after installation;
(b) before being placed in service after reconstruction or repairs; and
(c) periodically every time the furnace is opened for cleaning or deashing or for replacing electrodes.
(2) When an electric furnace is shut down for cleaning or deashing-
(a) the brick lining shall be checked for continuity and any part found defective be removed;
(b) after removal of any part of the lining referred to in (a), the condition of the shell be closely inspected; and
(c) any of the plate forming shell found corroded to the extent that safety of the furnace is endangered shall be replaced.
### 10. Maintenance of records. - The following hourly records shall be maintained in a log book- (a) manometer readings at the points specified in sub-paragraph (2) of Paragraph 7;
(b) gas temperature indicated by pyrometers and all other vital points near the sulphur separator and primary and secondary condensers;
(c) water temperature and flow of water through the siphon in the electrodes; and
(d) primary arid secondary voltages and current and energy consumed.
### 11. Electrical apparatus wiring and fittings. - All building in which carbon disulphide is refined or stored shall be provided with electrical apparatus, wiring and fittings which shall afford adequate protection from fire and explosion. ###
12. Prohibition relating to smoking. - No person shall smoke or carry matches, fire or naked light or other means of producing a naked light or spark in buildings in which carbon disulphide is refined or stored, and a notice in the language understood by a majority of the workers shall be pasted in the plant prohibiting smoking and carrying of matches, fire or naked light or other means of producing naked or spark into such rooms.
### 13. Means of escape. - Adequate means of escape shall be provided and maintained to enable persons to move to a safe place as quickly as possible in case of an emergency. At least two independent staircases of adequate width shall be provided in every building housing the furnaces of reasonable intervals at opposite ends. These shall always be kept clean of all obstructions and so designed as to afford easy passage. ###
14. Warnings in case of fire. - There shall be adequate arrangements for giving warning in case of fire or explosion which shall operate on electricity and in case of failure of electricity, by some mechanical means.
### 15. Fire-fighting equipment. - (1) Adequate number of suitable fire extinguishers or other fire-fighting equipment shall be kept in constant readiness for dealing with risks involved and depending on the amount and nature of materials stored. (2)
Clear instructions as to how the extinguishers or other equipment should be used printed in the language which the majority of the workers employed understand, shall be affixed to each extinguisher or other equipment and the personnel trained in their use.
### 16. Bulk sulphur. - (1) Open or semi-enclosed spaces for storage of bulk sulphur shall be sited with due regard to the dangers which may arise from sparks give off by near locomotives etc. and precautions shall be taken to see that flame, smoking and matches and other sources of ignition do not come in contact with the clouds of dust arising during handling of bulk sulphur. (2)
All enclosures for bulk sulphur shall be of non-combustible construction, adequately ventilated and so designed as to provide a minimum of lodges on which dust may lodge.
(3) The bulk sulphur in the enclosures shall be handled in such a manner as to minimise the formation of dust clouds and no flame smoking and matches or other sources of ignition shall be employed during handling, and non-speaking Toll shall be used whenever sulphur is shoveled or otherwise removed by hand.
(4) No repairs involving flames, heat or use of hand or power tools shall be made in the enclosures where bulk sulphur is stored.
### 17. Liquid sulphur. - Open flames, electric sparks and other sources of ignition, including smocking and matches, shall be excluded from the vicinity of molten sulphur. ###
18. Training and supervision. - (1) All electric furnaces and all plants in which carbon disulphide is condensed, refined or stored shall be under adequate supervision at all times while the furnaces and plants are in operation.
(2) Workers in charge of operation and maintenance of electric furnaces and the plants shall be properly qualified and adequately trained.
### 19. Washing facilities. - (1) The occupier shall provide and maintain in a clean state and in good repair, for the use of all persons employed wash place under cover with at least one tap or stand-pipe, having a constant supply of clean water for every five such persons, the taps or stand-pipe being spaced not less than 120 centimetres a part with a sufficient supply of soap and clean towels, provided that towels shall be supplied individually to each worker if so ordered by the Inspector. (2)
All the workers employed in the sulphur storage, handling and melting operations shall be provided with a nail brush.
### 20. Personal protective equipments. - (1) Suitable goggles and protective cloth in consisting of overalls without pockets, gloves and footwear shall be provided for the use of operator : (a)
when operating valves or cocks controlling fluids etc.;
(b) drawing off of molten sulphur from sulphur pots; and
(c) handling charcoal or sulphur.
(2) Suitable respiratory protective equipment shall be provided and stored in the appropriate place for use during abnormal conditions in an emergency.
(3) Arrangements shall be made for proper and efficient cleaning of all such protective equipments.
### 21. Cloak-rooms. - There shall be provided and maintained for the use of all workers employed in the processes, a suitable cloak-room for clothing put-off during work hours and a suitable place separate from the cloak-room for the storage of overall of working clothes. The accommodation so provided shall be placed in the charge of a responsible person and shall be kept clean. ###
22. Unauthorised persons. - Only maintenance and repair personnel, persons directly, connected with the plant operation and those accompanied by authorised persons shall be admitted into the plant.
[Schedule XXIV]
[Schedules XV to XXVI, inserted by Notification No. 501/XXXVI-3-2(f) -85, dated 14th May, 1992, published in U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 14th May, 1992.]
Operations Involving High Noise Levels
### 1. Application. - This schedule shall apply to all operations in any manufacturing process which have high noise level. ###
2. Definitions. - For the purpose of this schedule-
(a) "A-weighting" means making graded adjustments in the intensities of sound of various frequencies for the purpose of noise measurement, so that the sound pressure level measured by an instrument reflects the actual response of the human ear to the sound measured;
(b) "dBA" refers to sound level in decibels as measured on a sound level meter operating on the A-weighting network with slow meter response;
(c) "decibel" means one-tenth of "Bel" which is the fundamental division of a logarithmic scale used to express the ratio of two specified or implied quantities, the number of "Bels" denoting such a ratio being the logarithm to the base of 10 of this ratio. The noise level (or the sound pressure level) corresponds to reference pressure of six x 10- 6 newtone per square metre or 0.0002 dynes per square centimetre which is the threshold of hearing, that is, the lowest sound, pressure level necessary to produce the sensation of hearing in average healthy listeners. The decibel in abbreviated form is dB;
(d) "first employment" shall mean first employment in areas where the noise exceeds the maximum permissible exposure levels specified in sub-paragraph (1) of Paragraph 3 and shall also include reemployment in the said areas following any cessation of employment for a continuous period exceeding three calendar months;
(e) "frequency" is the rate of pressure, variations expressed in cycles per second or hertz;
(f) "high noise level" means any noise level measured on the A-weighted scale is 90 dB or above; and
(g) "noise" means any unwanted sound.
### 3. Protection against noise. - (1) In every factory, suitable engineering control or administrative measures shall be taken to ensure, so far as is reasonably practicable, that no worker is exposed to sound levels exceeding the maximum permissible noise exposure levels specified in Tables 1 and 2. Table 1
Permissible exposure in cases of continuous noise
| | |
| --- | --- |
|
Total time of exposure (continuous or a
number of short-term exposure) per day, in hours
|
Sound pressure level in dBA
|
|
8
|
90
|
|
6
|
92
|
|
4
|
95
|
|
3
|
97
|
|
2
|
100
|
|
1 ½
|
102
|
|
1
|
105
|
|
¾
|
107
|
|
½
|
110
|
|
¼
|
115
|
Notes. - (1) No exposure in excess of 115 dBA is to be permitted.
(2) For any period of exposure falling in between any figure and the next higher or lower figure as indicated in Column 1, the permissible sound pressure level is to be determined by extrapolation on a proportionate basis.
Table 2
Permissible exposure levels of implosive or impact noise
| | |
| --- | --- |
|
Peak sound pressure level in dB
|
Permitted number of impulses or impacts per
day
|
|
140
|
100
|
|
135
|
315
|
|
130
|
1,000
|
|
125
|
3,160
|
|
120
|
10,000
|
Notes. - (1) No exposure in excess of 140 dB peak sound pressure level is permitted.
For any peak sound pressure level falling in between any figure and the next higher or lower figure as indicated in Column 1, the permitted number of impulses or impacts per day is to be determined by extrapolation on a proportionate basis.
(2) For the purposes of this schedule, if the variations in the noise level involve maxima at intervals of one second or less, the noise is to be considered as a continuous one and the criteria given in Table 1 would apply. In other cases, the noise is to be considered as impulsive or impact noise and the criteria given in Table 2 would apply.
| |
| --- |
|
(3) When the daily noise exposure is composed of two or more periods of noise exposure at different levels their combined effect should be considered rather than the individual effect of each. The mixed exposure should be considered to
|
| | |
| --- | --- |
|
exceed the limit value if the sum of the fractions
|
C1+ C2T1+ C2| ,| CnTn| excess unity -
|
where the C1, C2, etc. indicate the total time or actual exposure at a specified noise level and T1, T2, etc. denote the time of exposure permissible at that level. Noise exposure of less than 90 dBA may be ignored in the above calculation.
(4) Where it is not possible to reduce the noise exposure to the levels specified in sub-rule (1) by reasonably practicable engineering control or administrative measure, the noise exposure shall be reduced to the greatest extent feasible by such control measures and each worker so exposed shall be provided with suitable ear protectors so as to reduce the exposure to noise to the levels specified in sub-rule (1).
(5) where the ear protectors provided in accordance with sub-paragraph (2) and worn by a worker cannot still attenuate the noise reaching near his ear, as determined by subtracting the attenuation value in dBA of the ear protectors concerned from the measured sound pressure level, to a level permissible under Table 1 or Table 2 as the case may be, the noise exposure period shall be suitably reduced to correspond to the permissible noise exposure specified in sub-paragraph (1).
(6) (a)
In all cases where the prevailing sound levels exceeds the permissible levels specified in sub-paragraph (1) there shall be administered an effective hearing conservation programme which shall include among other hearing conservation measures, pre-employment and periodically auditory surveys conducted on workers exposed to noise exceeding the permissible levels, and rehabilitation of such workers either by reducing the exposure to the noise levels or by, transferring them to places where noise level are relatively less or by any other suitable means.
(b) Every worker employed in areas where the noise exceeds the maximum permissible exposure levels specified in sub-rule (1) shall be subjected to an auditory examination by a Certifying Surgeon within 14 days of his first employment and thereafter, shall be re-examined at least once in every 12 months. Such initial and periodical examinations shall include tests which the Certifying Surgeon may consider appropriate and shall include determination of auditory thresholds for pure tones of 125, 250, 500, 1000, 2000, 4000 and 8000 cycles per second.
[Schedule XXV]
[Schedules XV to XXVI, inserted by Notification No. 501/XXXVI-3-2(f) -85, dated 14th May, 1992, published in U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 14th May, 1992.]
Manufacture of Rayon by Viscose Processes
### 1. Definition. - For the purposes of this Schedule- (a) "Approved" means approved for the time being in writing by the Chief Inspector;
(b) "breathing apparatus" means a helmet or face piece with necessary connection by means of which the person using it in poisonous, as phyxioating or irritant atmosphere breathes unpolluted air, or any other approved apparatus;
(c) "churn" means the vessel in which alkali cellulose pulp is treated with carbon disulphide;
(d) "dumping" means transfer of cellulose xenthate from a dry chum to dissolve;
(e) "efficient exhaust draught" means localised ventilation by mechanical means for the removal of any gas or vapour, so as to prevent it from escaping into the air of any place in which work is carried on. No draught shall be deemed to be efficient if it fails to control effectively any gas or vapour generated at the point where such gas or fume originate;
(f) "first employment" shall mean first employment in the fume process and shall also include re-employment in the said process following any cessation of employment for a continuous period exceeding three calendar months;
(g) "fume process" means any process in which carbon disulphide or hydrogen sulphide is produced, used or given off;
(h) "life belt" means a belt made of leather or other suitable material which can be securely fastened round the body with a suitable length of rope attached to it, each of which is sufficiently strong to sustain the weight of a man; and
(i) "protective equipment" means apron, goggles, face shields, footwear, gloves and overalls made of suitable materials.
### 2. Ventilation. - (1) In all workrooms where a fume process is carried on, adequate ventilation by natural or mechanical means shall be provided so as to control, in association with other control measures, the concentration of carbon di-sulphide and hydrogen sulphide in the air of every work environment, within the permissible limits. (2)
Notwithstanding the requirements in sub-paragraph (1) and efficient exhaust draught shall be provided and maintained to control the concentration of carbon-di-sulphide and hydrogen sulphide in the air at the following locations-
(a) dumping hoppers of dry chums;
(b) spinning machines;
(c) trio-rollers and cutters used in staple fibre spinning;
(d) hydro-extractors for yam cakes;
(e) after treatment processes; and
(f) spin baths.
(3) Insofar as the spinning machine and trio-roller and cutters used in staple fibre spinning are concerned, they shall be, for the purpose of ensuring the effectiveness of the exhaust draught to be provided as required in sub-paragraph (1), enclosed as fully as practicable and provided with suitable shutters in sections to enable the required operations to be carried out without giving rise to undue quantities of carbon-di-sulphide and hydrogen sulphide escaping to the work environment.
(4) No dry chum shall be opened after completion of reaction without initially exhausting the residual vapours of carbon-di-sulphide by operation of a suitable and efficient arrangement for exhausting the vapours which shall be continued to be operated so long as the chum is kept opened.
(5) Whenever any ventilation apparatus normally required for the purpose of meeting the requirements in sub-paragraphs (2), (3) and (4) is ineffective, fails or is stopped for any purpose whatsoever, all persons shall be required to leave the work areas where the equipment or processes specified in the abovesaid sub-paragraphs are in use, as soon as possible and in any case not later than 15 minutes after such occurrence.
(6) (i)
All ventilation systems provided for the purposes as required in sub-paragraphs (2) , (3) and (4) shall be examined and inspected once every week by a responsible person, it shall be thoroughly examined and tested by a competent person once in every period of 12 months. Any defects found by such examination or test shall be rectified forthwith.
(ii) A register containing particulars of such examination and tests, and the state of the systems and the repairs of alterations (if any) found to be necessary shall be kept and shall be available for inspection by an Inspector.
### 3. Waste from spinning machines. - Waste yam from the spinning machines shall be deposited in suitable containers provided with close fitting covers. Such waste shall be disposed off quickly as possible after decontamination. ###
4. Lining of Dry Churns. - The inside surface of all day chums shall be coated with a non-stickly paint so that cellulose xanthate will not stick to the surface of the chum. Such coating shall be maintained in a good condition.
### 5. Air monitoring. - (1) To ensure the effectiveness of the control measures, monitoring of carbon-disulphide and hydrogen sulphide in air shall be carried out once at least in every shift and the record of the results so obtained shall be entered in a register specially maintained for the purpose. (2)
For the purpose of the requirement in sub-paragraph (1) , instantaneous gas detector tubes shall not be used. Samples shall be collected over a duration of not less than 10 minutes and analysed by an approved method. The locations where such monitoring is to be done shall be as directed by the Inspector.
(3) If the concentration of either carbon-disulphide or hydrogen sulphide exceeds the permissible limits for such vapour or gas as laid down in Second Schedule appended to Section 41-F of the Act, suitable steps shall be taken for controlling the concentration in air of such occurrence.
### 6. Prohibition to remain in fume process room. - No person during his intervals for meal, or rest shall remain in any room wherein fume process is carried on. ###
7. Prohibition relating to employment of young persons. - No young person shall be employed or permitted to work in any fume process or in any room in which any such process is carried on.
### 8. Protective equipments. - (1) The occupier shall provide and maintain in good condition protective equipments as specified in the table for use of persons employed in the processes referred to therein. Table
| | |
| --- | --- |
|
Process
|
Protective equipment
|
|
1.
|
Dumping
|
Overalls, face-shields, gloves
and footwear-all made of suitable material.
|
|
2.
|
Spinning
|
Suitable aprons, gloves and
footwear.
|
|
3.
|
Process involving or likely to involve contact with viscose
solution.
|
Suitable gloves and footwear.
|
|
4.
|
Handling of sulphuric acid
|
Suitable chemical goggles.
|
|
5.
|
Any other process involving contact with hazardous chemicals
|
Protective equipment as may be
directed by the Chief Inspector by an order in writing.
|
(2) A suitable room, rooms or lockers shall be provided exclusively for the storage of all the protective equipment supplied to workers and no such equipment shall be stored at any place other than the room, rooms or lockers so provided.
### 9. Breathing apparatus. - (1) There shall be provided in every factory where fume process is carried on sufficient supply of- (a)
breathing apparatus;
(b) oxygen and suitable appliances for its administration; and
(c) life belts.
(2) (i)
The breathing apparatus and other appliances referred to in sub-paragraph (1) shall be maintained in good condition and kept in appropriate locations so as to be readily available.
(ii) The breathing apparatus and other appliances referred to in clauses (a) and (b) of sub-paragraph (1) shall be cleaned and disinfected at suitable intervals and thoroughly inspected once every month by a responsible person.
(iii) A record of the maintenance and of the condition of the breathing apparatus and other appliances referred to in sub-clause (1) shall be entered in a register provided for that purpose which shall be readily available, for inspection by an Inspector.
(3) Sufficient number of workers shall be trained and periodically retained in the use of breathing apparatus and administering artificial respiration so that at least 2 such trained persons would be available during all the working hours in each room in which fume process is carried on.
(4) Breathing apparatus shall be kept properly labelled in dean, dry, lightproof, cabinets and if liable to the effect by fumes, shall be protected by placing them in suitable containers.
(5) No person shall be employed to perform any work specified in sub-paragraph (1) for which breathing apparatus is necessary to be provided under that sub-paragraph unless he has been fully instructed in the proper use of that equipment.
(6) No breathing apparatus provided in pursuance of sub-paragraph (1) which has been worn by a person shall be worn by another person unless it has been thoroughly cleaned and disinfected since last being worn and the person has been fully instructed in the proper use of that equipment.
### 10. Electric Fittings. - All electric fittings in any room in which carbon-disulphide is produced, used or given off or is likely to be given off in the work environment, other than a spinning room shall be of flame-proof construction and all electric conductors shall either be enclosed in metal conduit or be lead-sheated. ###
11. Prohibiting relation to smoking etc. - No person shall smoke or carry matches, fire or naked light or other means of producing naked light or spark in a room in which fume process is carried on. A notice in the language understood by the majority of the workers shall be posted in prominent locations in the plant prohibiting smoking and carrying of matches, fire or naked light or other means of producing naked light of spark into such rooms;
Provided that fire, naked light or other means of producing naked light or spark may be carried on in such room only when required for the purposes of the process itself under the direction of a responsible person.
### 12. Washing and bathing facilities. - (1) There shall be provided and maintained in a clean state and in good repair for the use of all workers employed in the processes covered by the schedule, adequate washing and bathing places having a constant supply of water under cover at the rate of one such place for every 25 persons employed. (2)
The washing places shall have standpipes placed at intervals of less than one meter.
(3) Not less than one half of the total number of washing places shall be provided with bathrooms.
(4) Sufficient supply of clean towels made of suitable material shall be provided :
Provided that such towels shall be supplied individually for each worker if so ordered by the Inspector.
(5) Sufficient supply of soap and nail brushes shall be provided.
### 13. Rest Room. - (1) A rest room shall be provided for the workers engaged in doffing operations of filament yam spinning process. (2)
Such rest room shall be provided with fresh air supply and adequate seating arrangement.
### 14. Cautionary notice and instructions. - (1) The following cautionary notice shall be prominently displayed in each fume process room. Cautionary Notice
### 1. Carbon-disulphide (C2S) and Hydrogen sulphide (H2S) which may be present in this room are hazardous to health. ###
2. Follow safety instructions.
### 3. Use protective equipment and breathing apparatus as and when required. ###
4. Smoking is strictly prohibited in this area.
This notice shall be in a language understood by the majority of the workers and displayed where it can be easily and conveniently read. If any worker is illiterate, effective steps shall be taken to explain carefully to him the contents of the notice so displayed.
(2) Arrangements shall be made to instruct each worker employed in any room in which a fume process is carried on regarding the health hazards connected with their work and the preventive measures and methods to protect themselves. Such instructions shall be given on his first employment and repeated periodically.
(3) Simple and special instructions shall be framed to ensure that effective measures will be carried out in case of emergency involving escape of carbon-disulphide and hydrogen sulphide. These instructions shall be displayed in the concerned areas and workers shall be instructed and trained in the actions to be taken in such emergencies.
### 15. Medical facilities and records of examinations and tests. - (1) The occupier of each factory to which this schedule applies, shall- (a)
employ a qualified medical officer for medical surveillance of the worker employed in the fume process whose employment shall be subject to the approval of the Chief Inspector of Factories; and
(b) provide to the said medical officer all the necessary facilities for the purpose referred to in clause (a).
(2) The record of medical examination and appropriate tests carried out by the said medical officer shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspector.
### 16. Medical examination by the Certifying Surgeon. - (1) Every worker employed in fume process shall be examined by a Certifying Surgeon within 15 days of his first employment. Such examination shall include tests for estimation of exposure co-efficient (iodineazide test on urine), and cholesterol as well as Electro-cardiograph (ECG) and Central Nervous System (CNS) tests. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon. (2)
Every worker employed in the fume process shall be re-examined by Certifying Surgeon at least once in every twelve calendar months. Such examination shall, wherever the Certifying Surgeon considers appropriate, include all the tests as specified in sub-paragraph (1) .
(3) The Certifying Surgeon after examining a worker, shall issue a Certificate of Fitness in Form 26. The record of re-examinations carried out shall be entered in the Certificate and the Certificate shall be kept in the custody of the Manager of the Factory. The record of each examination carried out under sub-paragraphs (1) and (2) including the nature and the results of the tests, shall also be entered by the Certifying Surgeon in a health register in Form 27.
(4) The Certificate of Fitness and the health register shall be kept readily available for inspection by the Inspector.
(5) If at any time the Certifying Surgeon is of opinion that a worker is no longer fit for employment in the fume process on the ground that continuance therein would involve special danger to the health of the worker, he shall make a record of his findings in the said certificate and the health register. The entry of his findings in those documents should also in include the period for which he considers that the said person is unfit for work in the fume process.
(6) No person who has been found unfit to work as said in sub-paragraph (5) above shall be re-employed or permitted to work in the fume process unless the Certifying Surgeon, after further examination again certifies him fit for employment in such process.
### 17. Exemption. - If in respect of any factory, the Chief Inspector is satisfied that owing to the exceptional circumstance or infrequency of the processes or for any other reason, all or any of the provisions of this schedule is not necessary for protection of the workers in the factory, the Chief Inspector may by a certificate in writing, which he may at his discretion revoke at any time, exempt such factory from all or any of such provisions subject to such conditions, if any, as he may specify therein. [Schedule XXVI]
[Schedules XV to XXVI, inserted by Notification No. 501/XXXVI-3-2(f) -85, dated 14th May, 1992, published in U.P. Gazette, (Extraordinary), Part-4, Section (kha), dated 14th May, 1992.]
Highly Flammable Liquids and Flammable Compressed Gases
### 1. Application. - These rules will be applicable to all factories where highly flammable liquid or flammable compressed gases are manufactured, stored, handled or used. ###
2. Definitions. - For the purposes of this schedule-
(a) "flammable compressed gas" means flammable compressed gas as defined in Section 2 of the State and Mobile Pressure Vessels (Unfired) Rule, 1981 framed under the Explosive Act, 1984; and
(b) "highly flammable liquid" means any liquid including its solution, emulsion or suspension which when tested in a manner specified by Sections 14 and 15 of the Petroleum Act, 1934 (30 of 1934), gives off flammable vapours at temperature less than 32 degrees centigrade.
### 3. Storage. - (1) Every flammable liquid or flammable compressed gas used in every factory shall be stored in suitable fixed storage tank, or in suitable closed vessel located in a safe position under the ground, in the open or in a store room of adequate fire resistant construction. (2)
Except as necessary for use, operation or maintenance, every vessel or tank which contains or had contained a highly flammable liquid or flammable compressed gas shall be always kept closed and all reasonably practicable steps shall be taken to contain or immediately drain off to a suitable container any spill or leak that may occur.
(3) Every container, vessel, tank, cylinder, or store room used for storing highly flammable liquid or flammable compressed gas shall be clearly and in bold letters marked "Danger-Highly Flammable Liquid" of "Danger- Flammable Compressed Gas".
### 4. Enclosed systems for conveying highly Flammable Liquids. - Wherever it is reasonably practicable, highly flammable liquids shall be conveyed within a factory in totally enclosed systems consisting of pipelines, pumps and similar appliances from the storage tank or vessel to the point of use. Such enclosed system shall be so designed, installed, operated and maintained as to avoid leakage or the risk of spilling. ###
5. Preventing formation of Flammable Mixture with Air. - Wherever there is a possibility for leakage or spill of highly flammable liquid or flammable compressed gas from an equipment, pipeline, valve, joint or other part of a system, all practicable measures shall be taken to contain, drain-off or dilute such spills or leakage as to prevent formation of flammable mixture with air.
### 6. Prevention of Ignition. - (1) In every room, work place or other location where highly flammable liquid or flammable compressed gas is stored, handled on used or where there is danger of fire or explosion from accumulation of highly flammable liquid or flammable compressed gas in air, all practicable measures shall be taken to exclude the sources of ignition. Such precautions shall include the following- (a)
all electrical apparatus shall either be excluded from the area of risk or they shall be of such construction and so installed and maintained as to prevent the danger of their being a source of ignition;
(b) effective measures shall be adopted for prevention of accumulation of static charges to a dangerous extent;
(c) no person shall wear or be allowed to wear any footwear having iron or steel nails or any other exposed ferrous material which is likely to cause sparks by friction;
(d) smoking, lighting or carrying of matches, lighters or smoking material shall be prohibited;
(e) transmission belt with iron fasteners shall not be used; and
(f) all other precautions, as are reasonably practicable shall be taken to prevent initiation of ignition from all other possible sources such as open flames, all frictional sparks overheated surface of machinery or plant chemical or physical-chemical reaction and radiant heat.
### 7. Prohibition of smoking. - No person shall smoke in any place where highly flammable liquid or flammable compressed gas is present in circumstances that smoking would give rise to a risk of fire. The occupier shall take all practicable measures to ensure compliance with this requirement including display of a bold notice indicating prohibition of smoking, at every place where this requirements applies. ###
8. Fire Fighting. - In every factory where highly flammable liquid or flammable compressed gas is manufactured, stored, handled or used, appropriate and adequate means of fighting a fire shall be provided. The adequacy and suitability of such means which expression includes the fixed and portable fire extinguishing systems, extinguishing material, procedures and the process of firefighting, shall be to the standards and levels prescribed by the Indian Standards applicable, and in any case not inferior to the stipulation under Rule 61.
### 9. Exemptions. - If in respect of any factory, the Chief Inspector is satisfied that owing the exceptional circumstances of infrequency of the processes or for any other reason; all or any of the provisions of this schedule is not necessary for protection of the worker? in the factory, the Chief Inspector may by a certificate in writing, which he may at his discretion revoke at any time, exempt such factory from all or any of such provisions subject to such conditions, if any, as he may specify therein.] [Schedule XXVII]
[Schedules XXVII, XXVIII and XXIX inserted by Notification No. 1028/XXXVI-3-28 (F) -94, dated 7th April, 1997.]
Carpet and Woollen Drugget Making or any work incidental thereto or connected therewith
### 1. Definitions. - (a) "Efficient exhaust draught" means localized ventilation affected by mechanical means for the removal of gas, vapour, dust or fumes at point where they originate so as to prevent them escaping into the air of any place in which work is carried on. No draught shall be deemed efficient, which fails to remove smoke generated at the point where such gas, vapour fume or dust originate. (b)
"First employment" means first employment in any process mentioned under Paragraph 2 and yarn dyeing process, and shall also include reemployment in the said process following any cessation of employment for a continuous period exceeding three calendar months.
### 2. Exhaust draught. - The following processes shall not be carried on except under an efficient exhaust draught or under such other conditions as may be approved by the Chief Inspector : (a) Carding and spinning of raw fibre.
(b) Weaving.
### 3. Prohibition relating to women and young persons. - No women or young person shall be employed or permitted to work in any of the operations specified in Paragraph 2 or at any place where such operations are carried on or at yarn dyeing process. ###
4. Ventilation. - Every work room shall be provided with inlets and outlets of adequate size so as to secure and maintain efficient ventilation to all parts of the room.
### 5. Protective equipments and clothing. - (i) The occupier of the factory shall provide and maintain dust respirator for all persons employed in process included under Paragraph 2. (ii)
The occupier shall provide and maintain protective clothings, gloves for all persons employed in dyeing process.
### 6. Medical facilities and records of examination and tests. - (i) The occupier of every factory in which the carpet and woollen drugget manufacturing process is carried on shall- (a)
employ a qualified medical practitioner for medical surveillance of the worker employed therein, whose employment shall be subjected to the approval of the Chief Inspector of Factories; and
(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a).
(ii) The records of the medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspector.
### 7. Medical examination by certifying surgeon. - (i) Every worker employed in any of the process specified in Paragraph 2 and in yam dyeing process shall be examined by a certifying surgeon within 15 days of his first employment such examination shall include tests for detection of methaemoglobin in blood, or paranitrophenol in urine, test for central nervous system function, pulmonary function test and chest X-ray. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the certifying surgeon. (ii)
Every worker employed in the said process shall be re-examined by a certifying surgeon at least once in every 12 calendar months and such reexamination shall, wherever the certifying surgeon considers appropriate, include test for detection of methaemoglobin in blood, or paranitrophenol in urine, test for central nervous system function, pulmonary function test and chest X-ray once in every 3 years.
(iii) The certifying surgeon after examining a worker, shall issue a certificate of fitness in Form 26. The record of examination and re-examinations carried out shall be kept in the custody of the Manager of the factory. The records of each examination carried under sub-paragraphs (i) and (ii), including the nature and result of the test shall also be entered by the certifying surgeon in a health register in Form 27.
(iv) The certificate of fitness and the health register shall be readily available for inspection by the Inspector.
[Schedule XXVIII]
[Schedules XXVII, XXVIII and XXIX inserted by Notification No. 1028/XXXVI-3-28 (F) -94, dated 7th April, 1997, published in U.P. Gazette (Extraordinary), Part 4, Section (Kha), dated 7th April, 1997.]
Brassware Making or any work
Incidental Thereto Or Connected Therewith
### 1. Definitions. - (a) "Efficient exhaust draught" means localized ventilation affected by mechanical means for the removal of the gas, vapour, dust or fumes at the point where they originated so as to prevent them from escaping into the air of any place in which work is carried on. No exhaust draught shall be deemed efficient, which fails to remove smoke generated at the point where such gas, vapour, fume or dust originate. (b)
"First employment" means first employment in any process mentioned under Paragraph 2 and shall also include re-employment in the said process following any cessation of employment for a continuous period exceeding three calendar months.
(c) "Dressing or fettling operation" includes stripping and other removal of adherent sand, cores, runners, risers, flash and other surplus metal from a casting and the production of reasonably clean and smooth surface, but does not include (a) the removal of metal from a casting when performed incidentally in connection with the machining or assembling of castings after they have been dressed or fettled, or (b) any operation which is a knock-out operation within the meaning of this schedules.
(d) "knock-out operations" means all methods of removing of castings from moulds and the following operations, when done in connection therewith, namely, stripping, coring-out and the removal of runners and risers.
### 2. Exhaust draught. - (i) The following processes shall not be carried on except under an efficient exhaust draught or under such other conditions as may be approved by the Chief Inspector- (a)
casting process;
(b) buffing and polishing of brass articles;
(c) electroplating of brass article using electrolyte;
(d) degreasing and cleaning.
(ii) Such draught shall be provided by mechanical means and shall operate on dust, vapour or spray given off in the process as nearby as may be at the point of origin. The exhaust draught shall be so constructed, arranged and maintained as to prevent the dust, vapour or spray entering into any work room or place in which work is carried on.
### 3. Prohibition relating to women and young persons. - No women or young person shall be employed or permitted to work in any operations specified in Paragraph 2 (c) and 2 (d) or at any place where such operations are carried on. ###
4. Arrangement and storage. - For the purpose of promoting safety and cleanliness in workrooms the following requirements shall be observed :
(a) Moulding boxes, loam plates, ladles patterns, patterns plates, frames, boards, box weights and other heavy articles shall be so arranged and placed as to enable work to be carried on without unnecessary risk;
(b) suitable and conveniently accessible racks, bins or other receptacles shall be provided and used for the storage of other gear and tools;
(c) where there is bulk storage of sand, fuel, metal scrap or other materials or residues, suitable bins, bunkers or other receptacles shall be provided for the purpose of such storage.
### 5. Cleanliness of Indoor Workplaces. - (1) All accessible parts of the walls of every indoor workplace in which the casting processes are carried on and of everything affixed to those walls shall be effectively cleaned by a suitable method to a height of not less than 4.2 metres from the floor at least once in every period of fourteen months. A record of the carrying out of every such effective cleaning in pursuance of this paragraph including the date, shall be maintained. (2)
Effective cleaning by a suitable method shall be carried out at least once every working day, of all accessible parts of the floor of every indoor workplace in which the processes are carried on, other than parts which are of sand; and the parts which are of sand shall be kept in good order.
### 6. Manual operations involving molten metal. - (1) There shall be provided and properly maintained for all persons employed on manual operations involving molten metal with which they are liable to be splashed, a working space for that operation- (a)
which is adequate for the safe performance of the work; and
(b) which, so far as reasonably practicable, is kept free from obstruction.
(2) Any operation involving the carrying by hand of a container holding molten metal shall be performed on a floor all parts of which, where any person walks while engaged in the operation, shall be on the same level :
Provided that, where necessary to enable the operation to be performed without undue risk, nothing in this paragraph shall prevent the occasional or exceptional use of a working space on a different level from the floor, being a space provided with a safe means of access from the floor for any person while engaged in the operation.
### 7. Dust and Fumes. - (1) Open coal, coke or wood fires shall not be used for heating or drying ladles inside a workroom unless adequate measures are taken to prevent, so far as practicable, fumes or other impurities from entering into or remaining in the atmosphere of the workroom. (2)
No open coal, coke or wood fires shall be used for drying moulds except in circumstances in which the use of such fires is unavoidable.
(3) Mould stoves, core stoves and annealing furnaces shall be so designed, constructed, maintained and worked as to prevent, so far as practicable offensive or injurious fumes from entering into any workroom during any period when a person is employed therein.
(4) All knock-out operations shall be carried out-
(a) in a separate part of the foundry suitably partitioned off, being a room or part in which so far as reasonably practicable, effective and suitable local exhaust ventilation and a high standard of general ventilation are provided; or
(b) in area of foundry in which, so far as reasonably practicable, effective and suitable local exhaust ventilation is provided, or where compliance with this requirement is not reasonably practicable, a high standard of general ventilation is provided.
(5) All dressing or fettling operations shall be carried out-
(a) in a separate room or in a separate part of the foundry suitably partitioned off; or
(b) in an area of foundry set apart for the purpose; and shall, so far as reasonably practicable, be carried out with effective and suitable local exhaust ventilation or other equally effective means of suppressing dust, operating as near as possible to the point of origin of the dust.
### 8. Disposal of dross and skimmings. - Dross and skimmings removed from the molten metal or taken from a furnace shall be placed forthwith in a suitable receptacle. ###
9. Floor or work room. - (1) The floor or every room in which the processes specified in Paragraphs 2 (i) (c) and 2 (i) (d) are carried on shall be-
(a) of cement or similar material so as to be smooth and impervious to water;
(b) maintained in sound condition; and
(c) the floor shall be cleaned daily.
(2) Floors of indoor workplaces in which the processes are carried on, other than parts which are of sand, shall have an even surface of hard material.
(3) No part of the floor of any such indoor workplace shall be of sand except where this is necessary by reason of the work done.
(4) All parts of the surface of the floor of any such indoor workplace are of sand shall, so far as practicable, be maintained in an even and firm condition.
### 10. Ventilation. - Every workroom shall be provided with inlets and outlets of adequate size, so as to secure and maintain efficient ventilation to all parts of the room. ###
11. Protective clothing and protective equipment. - (1) The occupier of factory shall provide and maintain the following protective clothing for use of workers who may come to contact with liquid, employed in process specified in Paragraph 2 (i) (c)-
(a) waterproof apron and bib; and
(b) loose rubber gloves and rubber boots or any other waterproof boots.
(2) The occupier of the factory shall provide and maintain adequate arrangements and place for keeping and drying the protective clothing for the use of worker employed in the factory.
(3) The occupier of the factory shall provide and maintain suitable respirator for all workers employed in processes specified in Paragraphs 2 (i) (a) and 2 (i) (b).
### 12. Medical facilities and records of examination and tests. - (1) The occupier of every factory in which processes specified in Paragraph 2 are carried on shall- (a)
employ a qualified medical practitioner for medical surveillance of the workers employed therein, whose employment shall be subjected to the approval of the Chief Inspector of Factories;
(b) provide to said medical practitioner all the necessary facilities for the purpose referred to in clause (a); and
(c) provide and maintain a sufficient supply of suitable ointment and impermeable waterproof plaster in a separate box readily accessible to the workers and used solely for the purpose of keeping the ointment and the plaster.
(2) The records of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained in separate register approved by the Chief Inspector of Factories, which shall be kept readily available for the inspection by the Inspector.
(3) The medical practitioner shall examine all workers specified in Paragraph 2 (i) (c) before they are employed in electroplating process. Such examination shall include inspection of hands, forearms and nose.
(4) The records of examination referred to in sub-paragraph (3) shall be maintained in a separate register, approved by the Chief Inspector of Factories, which shall be kept readily available for inspection by the Inspector.
### 13. Medical Examination by certifying surgeon. - (1) Every worker employed in any of the processes specified in Paragraph 2, shall be examined by a certifying surgeon within 15 days of his first employment, such examination shall include test for chromium, nickel or cadmium in urine, pulmonary function test and chest X-ray. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the certifying surgeon. (2)
Every worker employed in the said process shall be re-examined by a certifying surgeon at least once in every 12 calendar months and such reexamination shall, wherever the certifying surgeon considers appropriate, include test for chromium, nickel or cadmium in urine, pulmonary function test and chest X-ray once in every 3 years.
(3) The certifying surgeon after examining a worker, shall issue a certificate of fitness in Form 26. The record of examination and re-examinations carried out shall be kept in the custody of the Manager of the factory. The records of each examination carried out under sub-paragraphs (1) and (2), including the nature and results of the tests, shall also be entered by the certifying surgeon in a health register in Form 27.
(4) The certificate of fitness and the health register shall be readily available for inspection by the inspector.
### 14. Mess room. - There shall be provided and maintained for the use of all workers employed in the processes specified in Paragraph 2 and remaining on the premises during the meal intervals, suitable mess room, which shall be furnished with sufficient tables and benches under supervision of a responsible person. ###
15. Washing facilities. - (1) There shall be provided and maintained in a clean state and in good repair for the use of all persons employed in the processes specified in Paragraph 2-
(a) a wash place under cover with either-
(i) a trough with a smooth impervious surface fitted with a waste pipe without plug, and of sufficient length to allow at least 60 cms. for every five such persons employed at any time, and having a constant supply of water from taps or jets above trough at intervals of not more than 60 cms; or
(ii) at least one wash-basin for every five such persons employed at any one time-fitted with a waste pipe and plug and having a constant supply of water laid on; and
(b) a sufficient supply of clean towels made of suitable materials renewed daily with supply of soap or other suitable cleansing material and of nail brushes.
### 16. Food drink etc. prohibited in work room. - No food, drink, pan and supari or tobacco shall be consumed or brought by any worker into any room in which the processes specified in Paragraph 2 are carried on. [Schedule XXIX]
[Schedules XXVII, XXVIII and XXIX inserted by Notification No. 1028/XXXVI-3-28 (F) -94, dated 7th April, 1997, published in U.P. Gazette (Extraordinary), Part 4, Section (Kha), dated 7th April, 1997.]
Lock and Hardware Making or any other work Incidental Thereto or Connected Therewith
### 1. Definition. - (a) "Efficient exhaust draught" means localized ventilation affected by mechanical means for the removal of the gas, vapour, dust or fumes at the point where they originate so as to prevent them from escaping into the air of any place in which work is carried on. No exhaust draught shall be deemed efficient, which fails to remove smoke generated at the point where such gas vapour, fume or dust originate. (b)
"First employment" means first employment in any process mentioned under Paragraph 2 and shall also include re-employment in the said process following any cessation of employment for a continuous period exceeding three calendar months.
(c) "dressing or fettling operation" include stripping and other removal of adherent sand, cores, runners, risers, flash and other surplus metal from a casting and the production of reasonably clean and smooth surface, but does not include (a) the removal of metal from a casting when performed incidentally in connection with the machining or assembling of castings after they have been dressed or fettled, or (b) any operation which is a knock-out operation within the meaning of this schedule.
(d) "knock-out operations" means all methods of removing castings from moulds and the following operations, when done in connection therewith, namely, stripping, carrying out and the removal of runners and risers.
### 2. Exhaust draught. - (1) The following processes shall not be carried on except under an efficient exhaust draught or under such other conditions as may be approved by the Chief Inspector : (a)
casting "the metal parts;
(b) metal finishing operations involving buffing and polishing;
(c) all such processes in which electroplating is carried on by using electrolyte;
(d) spray painting.
(2) Such draught shall be provided by mechanical means and shall operate on dust, vapour or spray given off in the process as nearby as may be at point of origin. The exhaust draught shall be so constructed, arranged and maintained as to prevent the dust, vapour or spray entering into any work room or place in which work is carried on.
### 3. Prohibition relating to women and young persons. - No women or young person shall be employed or permitted in any of the operation specified in Paragraph 2 (c) and 2 (d) or at any place where such operations are carried on. ###
4. Arrangement and storage. - For the purposes of promoting safety and cleanliness in workrooms the following requirements shall be observed :
(a) moulding boxes, loam plates, ladles, patterns, patterns plates, frames, boards, box weights and other heavy article shall be so arranged and placed as to enable work to be carried on without unnecessary risk;
(b) suitable and conveniently accessible racks, bins or other receptacles shall be provided and used for the storage of other gear and tools;
(c) where there is bulk storage of sand, fuel, metal scrap or other materials or residues, suitable bins, bunkers or other receptacles shall be provided for the purpose of such storage.
### 5. Cleanliness of indoor workplaces. - (1) All accessible parts of the wall of every indoor workplace in which the casting processes are carried on and of everything affixed to those wall shall be effectively cleaned by a suitable method to a height of not less than 4.2 metres from the floor at least once in every period of fourteen months. A record of the carrying out of every such effective cleaning in pursuance of this paragraph including the date shall be maintained. (2)
Effective cleaning by a suitable method shall be carried out at least once every working day of all accessible parts of the floor of every indoor workplace in which the processes are carried on, other than parts which are of sand and the parts which are of sand shall be kept in good order.
(3) Floors of indoor workplace in which the processes are carried on, other than parts which are of sand, shall have an even surface of hard material.
(4) No part of the floor of any such indoor workplace shall be of sand except where this is necessary by reason of the work done.
(5) All parts of the surface of the floor of any such indoor workplace are of sand shall, so far as practicable, be maintained in an even and firm condition.
### 6. Manual operations involving molten metal. - (1) There shall be provided and properly maintained for all persons employed on manual operations involving molten metal with which they are liable to be splashed, a working space for that operation- (a)
which is adequate for the safe performance of the Work; and
(b) which, so far as reasonably practicable, is kept free from obstruction.
(2) Any operation involving the carrying by hand of a container holding molten metal shall be performed on a floor, all parts of which where any person walks while engaged in the operation, shall be on the same level :
Provided that, where necessary to enable the operation to be performed without undue risk, nothing in this paragraph shall prevent the occasional or exceptional use of a working space on a different level from the floor, being a space provided with a safe means of access from the floor for any person while engaged in the operation.
### 7. Dust and fumes. - (1) Open coal, coke or wood fires shall not be used for heating or drying ladles inside a workroom unless adequate measure are take to prevent, so far as practicable, fumes or other impurities from entering into or remaining in the atmosphere of the workroom. (2)
No open coal, coke or wood fires shall be used for drying moulds except in circumstances in which the use of such fires is unavoidable.
(3) Mould stoves, core stoves and annealing furnaces shall be so designed, constructed, maintained and worked as to prevent, so far as practicable, offensive or injurious fumes from entering into any workroom during any period when a person is employed therein.
(4) All knock-out operations shall be carried out-
(a) in a separate part of the foundry suitably partitioned off, being a room or part in which, so far as reasonably practicable, effective and suitable local exhaust ventilation and a high standard of general ventilation are provided; or
(b) in area of foundry in which, so far as reasonably practicable, effective and suitable local exhaust ventilation is provided, or where compliance with this requirement is not reasonably practicable, a high standard of general ventilation is provided.
(5) All dressing or fettling operations shall be carried out-
(a) in a separate room or in a separate part of the foundry suitably partitioned off; or
(b) in an area of the foundry set apart for the purpose; and shall, so far as reasonably practicable, be carried out with effective and suitable local exhaust ventilation or other equally effective means of suppressing dust, operating as near as possible to the point of origin of the dust.
### 8. Disposal of dross and skimmings. - Dross and skimmings removed from the molten metal or taken from a furnace shall be placed forthwith in a suitable receptacles. ###
9. Floor of workroom. - (1) The floor of every room in which the processes specified in Paragraph 2 (1) (c) are carried on shall be-
(a) of cement or similar material so as to be smooth and impervious to water;
(b) maintained in sound conditions.
(2) The floors shall be cleaned daily in processes specified in Paragraph 2.
(3) Floors of indoor workplace in which the casting processes are carried on, other than parts which are of sand shall have an even surface of hard material.
(4) No part of the floor of any such indoor workplace shall be of sand -except where this is necessary by reason of the work done.
(5) All parts of the surface of the floor of any such indoor workplace are of sand shall, so far as practicable, be maintained in an even and firm condition.
### 10. Ventilation. - Every workroom shall be provided with inlets and outlets of adequate size, so as to secure and maintain efficient ventilation to all parts of the room. ###
11. Protective clothing and protective equipment. - (1) The occupier of factory shall provide and maintain the following protective clothing for use of workers who may come in contact with liquid, employed in process specified in Paragraph 2 (1) (c) :
(a) Water proof apron and bib; and
(b) Loose rubber gloves and rubber boots or any other water proof boots.
(2) The occupier of the factory shall provide and maintain adequate arrangements and place for keeping and drying the protective clothing for the use of worker employed in the factory.
(3) The occupier of factory shall provide and maintain suitable respirator for all workers employed in process specified in Paragraphs 2 (1) (a) and 2 (1) (b).
### 12. Medical facilities and records of examination. - (1) The occupier of every factory in which processes specified in Paragraph 2, are carried on shall- (a)
employ a qualified medical practitioner for medical surveillance of the workers employed therein, whose employment shall be subjected to the approval of the Chief Inspector of Factories;
(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a); and
(c) provide and maintain a sufficient supply of suitable ointment and impermeable water proof plaster in a separate box readily accessible to the workers and used solely for the purpose of keeping the ointment and the plaster.
(2) The records of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained in separate register approved by Chief Inspector of the Factories which shall be kept readily available for the inspection by the Inspector.
(3) The medical practitioner shall examine all workers specified in Paragraph 2 (1) (c) before they are employed in electroplating process. Such examination shall include inspection of hands, forearms and nose.
### 13. Medical examination by certifying surgeon. - (i) Every worker employed in any of the process specified in Paragraph 2 shall be examined by a certifying surgeon within 15 days of his first employment. Such examination shall include test for chromium, cadmium or nickel in urine, pulmonary function test and chest X-ray. No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the certifying surgeon. (ii)
Every worker employed in the said process shall be re-examined by a certifying surgeon at least once in every 12 calendar months and such reexamination shall, wherever the certifying surgeon considers appropriate, include test for chromium, cadmium or nickel in urine, pulmonary function test and chest X-ray once in every 3 years.
(iii) The certifying surgeon after examining a worker, shall issue a certificate of fitness in Form 26. The record of examination and re-examinations carried out shall be kept in the custody of the Manager of the factory. The records of each examination carried on under sub-paragraphs (i) and (ii), including the nature and results of the tests, shall also be entered by the certifying surgeon in a health register in Form 27.
(iv) The certificate of fitness and the health register shall be readily available for inspection by the Inspector.
### 14. Mess room. - There shall be provided and maintained for the use of all workers employed in the processes specified in Paragraph 2 and remaining on tire premises during the meal intervals, a suitable mess room, which shall be furnished with sufficient tables and benches under supervision of responsible person. ###
15. Washing facilities. - (1) There shall be provided and maintained in cleanly state and in good repair for tire use of all persons employed in the processes specified in Paragraph 2-
(a) a wash place under cover with either-
(i) a trough with a smooth impervious surface fitted with a waste pipe without plug, and of sufficient length to allow at least 60 cms. for every five such persons employed at any time, and having a constant supply of water from taps or jets above trough at intervals of not more than 60 cms; or
(ii) at least one wash basin for every five such persons employed at any one time fitted with a waste pipe and plug and having a constant supply of water laid on; and
(b) a sufficient supply of clean towels made of suitable materials renewed daily with supply of soap or other suitable cleansing materials and of nail brushes.
### 16. Food drink etc. prohibited in workroom. - No food, drink, pan and supari or tobacco shall be consumed or brought by any worker into any room in which the processes specified in Paragraph 2 are carried on. Form No. 1
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Name of room in factory
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Dimensions in feet
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Total area in square feet
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Floor area occupied by machinery in the room
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Breathing space (contents in cubic feet)
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Total volume of air in the room
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Number and size of doors
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Length
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Breadth
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Height
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Maximum
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Minimum
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Average
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Ventilation
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Maximum capacity of the room
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Maximum number of persons intended to be employed
in the rooms
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Whether the room is to be used as a work-room or
for storage only
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Date of construction
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Remarks
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Number and size of window openings
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Number and size of skylight openings
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Total area in square feet
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12
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13
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[Questionnaire Annexed to Form No. 1]
[Substituted by Notification No. 5856 (SM) (iii)/XXXVI-A-1250 (SM) 57, dated March 8, 1964, Published in the U.P. Gazette, Part 1-A dated March 28, 1964.]
[Rule 3 (1) ]
Careful attention to the questionnaire will assist in drawing up the plans in accordance with the law, and thus prevent delay in dealing with the plans.
Note. - The site-plans should be drawn to a minimum scale of 100'-1" and the other plans drawn to a minimum scale of 10'-1".
Plans-
(a) Has a site-plan showing the immediate surroundings including adjacent buildings and other structures, roads, drains, etc., been submitted in triplicate?
(b) If there is a system of underground sewage within 100 ft., of the factory, has its position been shown in the site plan?
(c) Have the direction, i.e., north, south, east and west been shown on the site-plans as well as on the detailed plans?
(d) Have the municipal nos. or the field nos. of the premises and the surrounding areas been shown on the site-plan?
(e) Have the factory premises been clearly demarcated in the site-plan in distinctive colour?
(f) Have the detailed plans of the factory indicating all relevant details relating to doors, windows, ventilators, fire escapes, etc., been submitted in triplicate?
(g) Are all new buildings, parts of buildings (if extensions) or alterations in existing buildings shown by boundaries duly marked in a distinctive colour?
(h) Are all rooms, sheds, enclosures, etc., serially numbered inside a circle on the plans, corresponding to the serial entry in Form No. 1?
(i) Are the outlines of all rooms, sheds, enclosures, etc., shown in the site-plan and allotted the same number as in item 1(h) above?
(j) Is the sectional elevation of such room or shed, etc. shown separately?
(k) Is the minimum and maximum height of every room, shed, etc., shown clearly in the sectional elevation?
(l) Is the material of which the roof is constructed indicated in the sectional elevation?
(m) Are the heights of all the workrooms in accordance with the provisions of Rule 4 as under :
(i) Is the minimum height 20 ft. with C.I. Sheet roofing?
(ii) Is the minimum height 14 ft. with A.C. Sheet roofing or R.B./ R.C.C. roofing?
(iii) Has an inner ceiling of a heat resisting material with an air gap of at least 4" been provided at a minimum height of 14 ft. and the name of the heat resisting material given?
(iv) Has an exemption been sought for a height of up to 12 ft. R.B./R.C.C. roofing?
(v) Has an exemption been sought for on the assurance of not employing more than 50 workers in the factory on any day?
(n) Is the minimum distance of the nearest building from latrines and urinals shown on the plans?
(o) Is the minimum distance of the nearest well, hand-pump or other drinking water centres shown in the drawing?
(p) Are water centres shown on the plans?
(q) Are the sizes of all the doors and ventilators shown on the plans alongwith their exact position?
(r) Are all the drains, pipes and sewers for carrying sullage sewage water effluent and waste products running within the factory premises constructed and shown in the plans?
(s) Are the positions of various machines fitted or proposed to be fitted shown in the drawing together with their names?
### 2. Form No. 1 (a) Is Form No. 1 submitted in triplicate, filled in for all workrooms, godowns etc. which are proposed to be constructed or extended?
(b) Have the internal dimensions only been entered in all the columns of Form No. 1?
(c) Is the breathing space of workroom, shed, etc., are calculated as shown below?
Floor area of room x its mean height (height above 14 ft. has to be left out of calculation).
(d) Is the maximum capacity entered in column No. 15 of Form No. 1 the maximum number of persons shown as the lower value of the two calculations shown below :
(i) floor area of a room less area occupied by machinery in the room divided by 36 [Rule 4 (ii)].
(ii) Breathing space [as in (c) above] divided by 500.
(e) Have the maximum number of persons as worked out above (lower value) been also shown on the plans for each workroom corresponding to column No. 15 of Form No. 17?
(f) Is the window, ventilator and skylight area provided at the minimum rate of 1 sq. ft. to every 15 sq. ft. of floor area of the room? (Rule 10)?
(g) Can the windows and skylights under columns No. 12 and 13 oi Form No. 1 all be opened for ventilation?
It is recommended that window and skylights may be provided one opposite to another so as to provide cross ventilation
(h) Has a flow chart of the manufacturing process supplemented by its brief description in various stages been submitted in triplicates?
Rule 3 (1) (a)
### 3. Doors and ventilators. - (a) Is every work room provided with at least two doors or exits? (b)
Is the minimum size of every door or exit 6'-6" x 3'
Rule 61:
(c) Have any doors or ventilators in common with two adjacent rooms been counted in both?
(d) Are all the doors opening outwards?
(e) Do the windows and skylights entered under cols. 12 and 13 of the Form No. 1 actually serve the purpose of ventilation?
### 4. Fire Escapes. - (In case of buildings of more than one storey, Rule 61) : (a) Are two fire escapes provided on either side of building?
(b) Are the fire escapes accessible from every room in the upper floor in the buildings?
(c) Is the material used in construction of the fire escapes noncombustible?
(d) Are the windows, doors giving access to and external stair-cases arranged to open immediately from inside.
(e) Is any fire escape or stair-way constructed at an angle greater than [450 ft.]
[45°]
with the horizontal?
(f) Is any fire escape or stair way less than 45" in width?
(g) Is any part of the factory building further (along the line of travel) than 150 ft. from the fire escape stair?
(h) Have the particulars given against Items 4 (e), (f) and (g) above been also clearly shown in the various drawings being submitted?
### 5. Latrines and Urinals. - (a) Are the latrines and urinals provided separately for men and women? (b)
Are these sufficient to meet the requirements of Section 19, read with Rules 41 and 45?
(c) Is the surrounding ground up to a distance of 4 ft. all round of impermeable material?
(d) Is the surrounding ground raised to at least 6" above the ground level?
(e) Is any latrines, ventilator or opening in the proximity of any opening of main building?
(f) Do any latrines or urinals communicate with any work room without any intervening space open to the sky?
(g) Are the latrines of the flush type?
(h) Are all the drains, pipes and sewers for carrying sullage, sewage water effluent and waste products running within the factory premises constructed of impermeable material?
(i) Are the drains of flush type latrines connected to drainage system of the local Boards?
(j) Is an efficient system of septic tanks provided if no drainage system exists?
(k) Are the latrines provided with roofing?
### 6. Drinking water. - (a) Is the drinking water provided from a source provided by local Board. (b)
Is any well constructed in the premises of the factory for drinking water or humidification purposes?
(c) Is the cylinder of the well pucca and impervious to water throughout and up to a depth not less than the lowest level of sub-soil water?
(d) Are the positions of water centres including wells, hand-pumps situated at least 20 ft. away from the washing place/ latrines and urinals?
### 7. Rest shelter, canteen and creches. - If the plans relate to any of these, the following questions should also be answered- (i) Rest shelter :
(a) Does the building fully meet the requirements of Rule 69(a)?
(b) Is the roof of heat-resisting material?
(c) Is the height of every room in the rest shelter at least 12 ft. from the floor level to the lowest part of roof?
(ii) Canteen :
(a) Does the building fully meet the requirements of-Rule 68 (4), Rule 68 (5), Rule 68 (6), Rule 68 (7).
(b) Are the canteen buildings situated not less than 50 yards from any latrines, urinals, boilers house, coals, stack coals dumps etc.?
(c) What is the minimum height of the buildings of canteen measured from the floor level to the lowest part of the roof?
(iii) Creche :
(a) Does the building of creche meet fully the requirements of-- Rule 70 (2) (a), Rule 70 (2) (b), Rule 70 (2) (d), Rule 70 (2) (g).
(b) Is the height of buildings not less than 12 ft. from floor level to the lowest part of roof?
We certify that the replies given to questionnaire above are correct.
| | |
| --- | --- |
|
Signature of Manager
|
Signature of Occupier
|
N.B. - (i) After showing the above details, the plans and site-plan this questionnaire and Form No. 1 should all be submitted in triplicate to the Inspector of Factories of the Region concerned for the approval of the Chief Inspector of Factories, Uttar Pradesh.
(ii) A certificate of stability signed by a person having the qualifications laid down in Rule 2 (4) shall be submitted on Form No. 2 before the manufacturing process with the aid of power is begum in the building.
Form No. 2
[Rule 3 (3) ]
Certificate of Stability of a Factory or Part of a Factory
(To be submitted after completion and before working)
I hereby declare that I have personally examined the plans and specifications of the building described below, the actual materials and methods used in its construction, and the finished building and am satisfied that its construction is such that its stability will be satisfactory when used as factory or part of a factory for the purposes herein declared.
Description of Building
### 1. Name of the factory ............................................................................................. ###
2. Name of builder(s) ..........................................................................................
or contractor(s) ..........................................................................................
### 3. General type of construction .................................................................................... (a) Full name of signatory (in block letters) .................................................................
(b) Qualifications ...........................................................................................
(c) Present occupation ........................................................................................
(d) Permanent postal address ..................................................................................
### 4. Purpose for which the building is to be used .......................................................... ###
5. Name of room or building for which this certificate is granted giving reference to plan No. ................................................................................
### 6. Nature of work to be carried on in the above room/ building ....................................................... ###
7. Nature and amount of moving power ................................................................................
### 8. Signature ................................................................................ ###
9. Date ................................................................................
### 10. [ Signature of occupier with an endorsement that the Certifying Engineer inspected the factory at his request and certified its stability.] [Item 10 in Form No. 2 inserted by Notification No. 1393 (LL) /XXXVI-B-292 (LL)-54, dated August 26, 1955.]
Note. - The person giving the certificate must be (a) a Corporate Member of the Institution of Civil Engineers, or (b) a Corporate Member of the Institution of Structural Engineers, or (c) a Fellow Associate or Licentiate of the Royal Institute of British Architects, or (d) be a graduate in Civil Engineering and be also a Corporate Member of the Institute of Engineers (India) provided that no person, except in the case of buildings occupied or erected by any Government where a certificate may be granted by an officer not below the rank of an Executive Engineer, shall be authorised to sign a certificate of stability if he is in the full time employment of the owner or the builder of the building.
Form No. 3
[Rule 7 (1) ]
Registration and Licence to work a factory
Registration No. .................................
| | |
| --- | --- |
|
Serial No. .............................
|
Fee Rs. .............................
|
Licence is hereby granted to ................................ valid only for the premises described below for use of a factory employing not more than .................. persons on any one day during the year and using motive power not exceeding .............. H.P., [subject] to the provisions of the Factories Act, 1948, and the rules made thereunder.
This licence shall remain in force till ............... unless further renewed.
| | |
| --- | --- |
|
The .............. 19.
|
Chief Inspector of Factories.
|
Description of the Licensed Premises
The licensed premises show on plan no. ......................., dated ......................., are situated in ....................... and consist of ........................
| | | |
| --- | --- | --- |
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Date of renewal
|
Date of expiry
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Signature of licensing authority
|
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1
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2
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3
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[Form No. 4]
[Substituted by Notification No. 90/XXXVI-3-2018-83(Sa) -17, dated 13.3.2018 (w.e.f 28.11.1950).]
[Rule 4]
Notice for Registration Grant or Renewal of Licence
Written notice prescribed under Sections 6 and sub-section (i) of Section 7.
| | | |
| --- | --- | --- |
|
(1) |
Full name of the factory and is licence number, if already
registered
|
.........................................
|
|
(2) |
(a) |
Postal address and situation of the factory including police
station, tahsil and district with PIN code.
|
.........................................
|
|
|
(b) |
Address to which communication relating to the factory should
be sent
|
.........................................
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|
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(c) |
Phone number of factory-
|
.........................................
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|
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(d) |
e-mail address of factory-
|
.........................................
|
|
(3) |
Nature of manufacturing process/processes
|
.........................................
|
|
|
(a) |
carried on in the factory during the last twelve months (in
the case of factories already in existence)
|
.........................................
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(b) |
To be carried on in the factory during the next twelve
months (in case of all factories)
|
.........................................
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(4) |
Names and values of the principal products manufactured during
the last twelve months
|
.........................................
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|
(5) |
(a) |
Maximum number of workers proposed to be employed on any one
day during the year
|
.........................................
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|
|
(b) |
Maximum number of workers employed in any one day during the
last twelve months
|
.........................................
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(c) |
Number of workers to be employed in the factory
|
.........................................
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(6) |
(a) |
Nature and the total amount of power (H.P.) installed or
proposed to be installed
|
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|
Note.- If power is not proposed to be used originally but is
introduced later, the fact should be immediately communicated to
the Chief Inspector of Factories.
|
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(7) |
In the case of a factory constructed or extended after the
date of the commencement of the rules-
|
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|
(i) |
Reference number and date of approval of the plans for site,
whether for old or new building and for construction or extension
of factory, by the State Government/Chief Inspector
|
.........................................
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|
|
(ii) |
Reference number and date of approval of the arrangements, if
any, made for the disposal of trade waste and effluents and the
name of the authority granting such approval
|
.........................................
|
|
(8) |
Full name, father's name and residential address, Postal address District with Pin code, date of birth, Mobile number, Phone No. e-mail address, Aadhaar No. Nationality and Passport No.
|
........................
|
|
|
(i) |
the manager of the factory.
|
.........................................
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|
|
(ii) |
the occupier of the factory
|
.........................................
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|
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(a) |
The proprietor of the factory if it is a private firm of proprietary concern
|
.........................................
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(b) |
The Partner of the factory if it is a Partnership firm
|
.........................................
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|
|
(c) |
The Directors of the factory if it is a company.
|
.........................................
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|
|
(d) |
the Chief Administrative Head of the factory if the factory is owned by Government or a Public authority.
|
.........................................
|
|
(9) |
If the factory is covered by the provisions of Section 93 of
the Factories Act, 1948 (Act LXIII of 1948), full name, father's name,
and address of the owner of the premises or buildings in which
the factory is situated
|
.........................................
|
|
(10) |
Date on which the Manager assumed charge
|
.........................................
|
|
(11) |
Date on which the occupier occupied the premises or will
occupy the premises
|
.........................................
|
|
(12) |
Amount of fee Rs. ..........Paid
in Treasury vide chalan No. (enclosed) ............
|
|
|
|
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Full Signature of
occupier...................
|
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Full Signature of
Manager...................
|
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Full Signature of owner, if
any.............
|
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Date ................
|
Notes. - If any of the persons named against item under (8) is minor the fact should be clearly stated.
[Form No. 4-A]
[Added by Notification No. 5202 (SM) -IV/XXXVI-A-1204(SM)-61, dated April 27, 1962.]
Notice of change of Manager
[Rule 14-D]
### 1. Name of the factory with current licence number ......................... ###
2. Postal address of the factory .........................................
### 3. Name of the outgoing manager ........................................... ###
4. Name of the new manager with his postal residential address and telephone number, if any ............................
### 5. Date from which new manager took over charge ........................... | | |
| --- | --- |
|
Date .............
|
Signature of new Manager .................
|
|
Place ............
|
Signature of Occupier ....................
|
[Form No. 4-B
[Inserted by Notification No. 2237/XXXVI-3-7 (F) -87, dated 23.7.1993, published in the U.P. Gazette, Extra., Part 4, Section (kha), dated 23.7.1993.]
[Rules 8, 9 and 14 (c) ]
Notice of occupation for renewal of Licence of a Factory
(All the entries to be filled in Block Capital Letters)
### 1. Name of the Factory. ###
2. Postal address/ Location.
### 3. Licence No. if already registered. ###
4. Indicate latest position, if any change has taken place, against the following. If no change has taken place, write N.A. :-
(A) Horse power.
(B) Number of workers.
(C) Occupier.
(D) Manager.
### 5. The period for which renewal of licence is applied for ###
6. Amount of fees deposited.
### 7. Name of Treasury. ###
8. Challan No. with date.
(Note - Original Challan must be enclosed).
...............................................
Full signature of Manager.]
Form No. 5
[Rule 16 (2) ]
Certificate
| | | |
| --- | --- | --- |
|
Serial No. ........
|
|
Serial No. ........
|
|
Date ..............
|
|
Date ..............
|
|
I hereby certify that I have personally examined
(name) ................ son/daughter of................ residing
at............
|
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I hereby certify that I have personally examined
(name) ................ son/daughter of................ residing
at............
|
|
[Who is
desirous of being employed in a factory, and that his/ her date
of birth, (if available) is............ and the age as nearly as
can be ascertained from my examination is........ years, and that
he/she is fit in accordance with the minimum physical standards
prescribed, for employment in factory as an adult/ child, His/her
descriptive marks are................................]
[Substituted by Notification No. 16 (LL) (i)/XXXVI-(B)-307(LL)-53, dated April 30, 1954.]
|
|
[Who is
desirous of being employed in a factory, and that his/ her date
of birth, (if available) is............ and the age as nearly as
can be ascertained from my examination is........ years, and that
he/she is fit in accordance with the minimum physical standards
prescribed, for employment in factory as an adult/ child, His/her
descriptive marks are................................]
[Substituted by Notification No. 16 (LL) (i)/XXXVI-(B)-307(LL)-53, dated April 30, 1954.]
|
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2. Reasons for-
|
|
|
|
(i) Refusal of certificate.
|
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|
|
(ii) Certificate being revoked.
|
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|
.........................................................
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|
.........................................................
|
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|
Thumb-impression ..........................
|
|
Left thumb-impression of Examinee.........................
|
|
Signature of Certifying Surgeon............
|
|
Signature of Certifying Surgeon...........
|
Note. - Exact details of physical disability should be clearly stated. Physical standards for employment of children in factories will be as under :
I--Age--
(i) A child must be over 14 years of age.
(ii) An adolescent must be over 15 years and below 18 years.
Note. - An adolescent may be certified to work either as a child or as an adult depending on his/her physical fitness.
II-Eye-sight.
Note. - Squint of any morbid condition of the eyes or the lids of either eye, unless it is liable to the risk of aggravation, will not be regarded as a cause of rejection.
III-General Health-
(a) Hearing in each ear is good and that a candidate has no mental infirmity.
(b) His/Her limbs, hands and feet are well formed and developed and that there is free and perfect normal motion of his/her joints.
(c) His/her chest is well formed and that his/her heart and lungs are sound.
(d) There is no evidence of any abdominal disease and that he/she does not suffer from any inveterate skin disease.
(e) The candidate does not bear any traces of acute or chronic disease pointing to an impaired constitution.
(f) He/ She bears marks of vaccination.
(g) He/ She has a proper degree of intelligence.
Note. - (1) The candidates who are suffering from any physical deformity, or heart affections, noticeable anaemic epilepsy, deafness, suppurating glands, hernia and phthisis should be rejected.
(2) Those suffering from curable diseases should be rejected until cured.
(3) Special attention should be paid to the presence of obvious signs of malnutrition and under development.
Form No. 6
[Rules 22 and 81]
| | | | |
| --- | --- | --- | --- |
|
Name and designations of persons, buildings, or
parts of buildings and departments exempted
|
Section or rule from which exemption is given
|
Extent of and conditions of exemptions
|
Date and number of order
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
Form No. 7
[Rule 24]
Humidity Register
Name of factory ......................................................................................
and address ............................................................................................
Department ............................ Hygrometer position ............................
| | | |
| --- | --- | --- |
|
Year
|
Hygrometer readings daily
|
[Approved hygrometers readings 1st, 2nd, 3rd and
4th Wednesday in each month]
[Approved Hygrometer is as approved by the Chief Inspector of Factories, U.P., under rule 2 (g) .]
|
|
Month
|
Date
|
First reading between 7 a.m. and 9 a.m.
|
Second reading between 11 a.m. and 2 p.m.
|
Third reading between 4 p.m. and 5.30 p.m.
|
First reading
|
Second reading
|
Third reading
|
Signature person who took the reading
|
|
|
|
Dry bulb
|
Wet bulb
|
Dry bulb
|
Wet bulb
|
Dry bulb
|
Wet bulb
|
|
|
|
|
Form No. 8
[Rule 48]
Lime-washing, etc.
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Part of factorye.g.name of room
|
Parts lime-washed, painted or varnished,e.g.walls, ceilings, wood work, etc.
|
Treatment (whether lime washed, painted or
varnished)
|
Date on which lime washing, painting or
varnishing was carried out according to the English calendar
|
Signature of occupier or manager
|
Remarks
|
|
Day
|
Month
|
Year
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
|
|
|
|
|
|
|
[Form No. 9]
[Substituted by Notification No. D-165/VII-Nya-3~104-90, dated January 14, 1991, published in the U.P. Gazette, (Extra) , Part 4, Section(Kha), dated 14th January, 1991.]
[Prescribed under Rule 56]
Report of Examination or Test of Pressure Vessel or Plant
### 1. Name of occupier (of Factory) ............................................... ###
2. Situation and address of factory ..................................................
### 3. Name, description and distinctive number of pressure vessel or plant ###
4. Name and address of manufacturer and reference to their test certificate or certificates of competent person ............................................................................
### 5. Nature of process in which pressure vessel or plant is used ................. ###
6. Particulars of pressure vessel or plant-
(a) Date of construction ....................................................
(b) Thickness of walls .....................................................
(c) Date in which the pressure vessel or plant was first taken into use
(d) Maximum permissible working pressure recommended by the manufacturer ................................................................
(e) Design pressure, if known .................................................
(f) The history should be briefly given and the examiner should state whether he has seen the last previous report.
### 7. Date of last hydrostatic test, if any, and pressure applied ................ ###
8. Is the pressure vessel or plant in open or otherwise exposed to weather or to damp?
### 9. What parts (if any) were in accessible? ###
10. What examination had tests were made?
Specify pressure if hydrostatic test was carried out .............................
### 11. Condition of pressure vessel or plant External (state any defects materially affecting the maximum permissible working pressure of the safe working of the pressure vessel or plant) .......................... internal. ###
12. Are the required fittings and appliances provided in accordance with the rule ...............................................................................
### 13. Are all fittings and appliances properly maintained and in good condition? Have the pressure settings been checked and corrected? ###
14. Repairs (if any) required, and period within which they should be executed and any other condition which the person making the examination thinks it necessary to specify for securing safe workings ..............................
### 15. Maximum permissible working pressure, calculated from dimensions and from the thickness, and other data ascertained by the present examination, due allowance being made for conditions of working if unusual or exceptionally severe (State minimum thickness of walls measured during the examination ............................................................................ ###
16. Where repairs affecting the maximum working pressure are required state the working pressure--
(a) Before the expiration of the period specified in item 14.
(b) After the expiration of such period if the required repairs have not been completed.
(c) After the completion of the required repairs................
### 17. Other observations ........................................................... I certify that on ...................... the pressure vessel or plant described above was thoroughly cleaned and (so far as its construction permits) made accessible for thorough examination and for such tests as were necessary for thorough examination and that on the said date, I thoroughly examined this pressure vessel or plant including its fittings and that the above is a true report of my examination.
Signature
Qualification
Address
Date
If employed by a Company or Association give name and address.
Form No. 10
[Rule 76]
Overtime muster roll for persons' on exempted work month ending ......
| | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Workers number in register
|
Name
|
Department
|
Dates on which overtime has been worked
|
Extent of overtime on each occasion
|
Total overtime worked in hours
|
Normal hours worked during the period
|
Normal rate of pay
|
Overtime rate of pay
|
Cash equivalent to the advantage accruing through
the concessional sale of food-grains and other articles
|
Overtime earnings
|
Reasons for overtime quoting section or rule
|
|
Time from
|
Time to
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
[Form No. 11]
[Substituted by Notification No. 5679 (SM) /XXXVI-A-1224(SM)-59, dated September 21, 1961, published in the U.P. Gazette, dated September 30, 1961.]
[Rules 77 and 99]
Notice prescribed under Sections 61 and 72, Factories Act, 1948
Date of enforcement ..................
Name of factory under which it is registered/ proposed to be registered ............... place ............... district ...............
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Group
|
Name of work of each group
|
Number of workers employed in each group
|
Relay or set of workers
|
Shift or period of work
|
Monday
|
|
Permanent
|
Temporary
|
Men
|
Women
|
Children
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
|
|
|
|
|
|
|
|
|
| |
| --- |
|
Number of hours of employment per day of........
all workers for each relay
|
|
Tuesday
|
Wednesday
|
Thursday
|
|
Men
|
Women
|
Children
|
Men
|
Women
|
Children
|
Men
|
Women
|
Children
|
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
|
|
|
|
|
|
|
|
|
|
| |
| --- |
|
Number of hours of employment per day of........
all workers for each relay
|
|
Friday
|
Saturday
|
Sunday
|
|
Men
|
Women
|
Children
|
Men
|
Women
|
Children
|
Men
|
Women
|
Children
|
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
|
|
|
|
|
|
|
|
|
|
Form No. II - (contd.)
Hours (time) of beginning and ending work for each relay, group and intervals of rest fixed under Section 55
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Worker
|
Group
|
Nature of work of each group
|
Relay or set of workers
|
Shift or period of work
|
Work commences
|
Rest intervals or intervals
|
|
Mondays to Fridays
|
Saturdays
|
Sundays
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
Men
Women
Boy
Girls
|
|
|
|
|
|
|
|
| |
| --- |
|
Work ends
|
|
From
|
To
|
From
|
To
|
From
|
To
|
Mondays to Fridays
|
Saturdays
|
Sundays
|
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
|
|
|
|
|
|
|
|
|
|
Charts showing the relation of relays working on continuous processes similar to those suggested in Chief Inspector of Factories Office Circular No. 2404, dated March 26, 1949
| | | |
| --- | --- | --- |
|
First week
|
Second week
|
Third week
|
|
Mon. Tue. Wed. Thu.
Fri. Sat. Sun.
Shift
Relay
|
Mon. Tue. Wed. Thu. Fri. Sat. Sun.
|
Mon. Tue. Wed. Thu. Fri. Sat. Sun.
|
|
|
|
|
|
|
|
|
|
|
|
|
Notes. - (l) Where work of the same kind is carried on by two or more sets of workers working during different periods of the date each of such sets is called a relay and each of such period is called a shift.
(2) "Group" defines set of workers working on the same nature of work.
Weekly holidays fixed under Section 52.
Factory, Manager's Signature .............................
Instructions to be folloived while filling in the notice of periods of work
### 1. Divide all the workers into groups according to their nature of work. Show the number of workers working in each group [Section 61 (4) ]. ###
2. Use numericals (1, 2, 3 and 4, etc.) for groups.
### 3. Show the nature of work against each group. ###
4. Make relays of group according to Section 2 (r) and specify them as I, II, III, etc.
### 5. Show the daily working hours exclusive of periods of the fixed rest interval of each relay or set of workers in the upper half of the notice. ###
6. Use letters, A, B, C, etc. for shifts and periods of work.
### 7. Do not arrange the shift in such a way that more than one relay of workers is engaged in work of the same kind at the same time as overlapping shifts are prohibited (Section 58). ###
8. Arrange the periods of work for adult workers (except of workers exempted from Sections 54 and 55) in such a way that no adult worker is required to work for more than 9 hours in any day (Section 54) and that no worker shall work more than 5 hours before he has had an interval of rest for at least half an hour (Section 55).
### 9. Arrange the working hours in such a way that weekly hours of the adult workers (except those who are exempted from the provisions of Section 51) do not exceed 48 hours a week (Section 51). ###
10. Arrange the periods of work of adult workers (except those exempted from Section 56) in such a way that inclusive of rest interval they shall not spread over more than 10-½ hours (Section 56).
### 11. Fix the periods of work for clerical staff working in tine precincts of the factory as they come under the definition of "worker" as defined under Section 2 (1) of the Factories Act, 1948. ###
12. Arrange, the periods of work for child workers in accordance with the provisions of Chapter VII.
Note. - No child shall be employed or permitted to work-
(i) for more than 4-½ hours in any day spread over being 5 hours.
(ii) between the hours of 7 a.m. and 6 a.m.
### 13. Show the weekly holiday for each relay or set of workers in the foot-note of each notice. ###
14. Submit the notice of periods for work in duplicate to the Inspector of Factories of the Region concerned before the day it is enforced. If there is any change in the system of work a revised notice of periods for work shall be submitted [Section 61 (10) ].
Special instruction for filling in the chart which is to be used only in cases of relays working on continuous process or of sets of workers working in successive periods.
I. Fill in the chart with the help of Chief Inspector of Factories' Circular No. 2402-F, dated March 26, 1949.
II. Show the periods of work inclusive of rest intervals of adult workers working on continuous processes in the upper half of the notice.
Note. - The above instructions are only for the guidance of the person filling in the forms and in no way absolves the occupier and manager of the responsibilities under the Factories Act, 1948.
Form No. 12
[Rule 78]
Name of Factory or Department .............................................
Register of adult Workers as prescribed under Section 62 of the Act
| | | | |
| --- | --- | --- | --- |
|
|
Time of commencement of work
|
Rest period
|
Time of completion
|
|
From
|
To
|
From
|
To
|
|
Monday to Friday
Saturday
Sunday
System of rotation of relays
|
|
|
|
|
|
|
| | | | | | | | | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Name of adult worker
|
Father's name
|
Name of worker
|
Department
|
Corresponding to that in Form 11
|
1st
|
2nd
|
3rd
|
4th
|
5th
|
6th
|
7th
|
8th
|
9th
|
10th
|
11th
|
12th
|
13th
|
|
Group or relay
|
Shift
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
|
Month...............
Year................
|
| | | | | | | | | | | | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
14th
|
15th
|
16th
|
17th
|
18th
|
|
|
|
|
|
|
25th
|
26th
|
27th
|
28th
|
29th
|
30th
|
31st
|
Total No. of days worked
|
Rate of basic wages
|
Rate of allowance, if any
|
Total hours of overtime
|
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
28
|
29
|
30
|
31
|
32
|
33
|
34
|
35
|
36
|
37
|
38
|
39
|
40
|
41
|
42
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Rate of overtime
|
Deduction, if any
|
Fine
|
Actual wages paid
|
Total number of weekly holidays lost by the
worker
|
Date(s) on which compensatory holiday(s) Will be
given
|
Remarks of indication showing that the payments
have been made together with the dates
|
|
On account of provident fund
|
On account of advances
|
|
43
|
44
|
45
|
46
|
47
|
48
|
49
|
50
|
|
|
|
|
|
|
|
|
|
Form No. 13
[Rule 100]
Name of Factory or Department
Register of Child Workers as prescribed under Section 73 of the Act
| | | |
| --- | --- | --- |
|
Monday to
FridaySaturdaySunday
|
Time of commencement of work
|
Rest period
|
|
From
|
To
|
From
|
To
|
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Number
|
Name
|
Father's Name
|
Nature of work
|
Department
|
Entry corresponding that in Form 11
|
Certifying Surgeon's certificate
|
Age of young persons as entered in certificate
|
|
Group
|
Relay or shifts
|
Number
|
Date
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
|
|
|
|
|
|
|
|
|
|
|
Time of completion
Month........................ Year
…......................
|
| | | | | | | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
1st
|
2nd
|
3rd
|
4th
|
5th
|
6th
|
7th
|
8th
|
9th
|
10th
|
11th
|
12th
|
13th
|
14th
|
15th
|
16th
|
17th
|
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| | | | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
|
|
|
|
|
23rd
|
24th
|
25th
|
26th
|
27th
|
28th
|
29th
|
30th
|
31st
|
|
28
|
29
|
30
|
31
|
32
|
33
|
34
|
35
|
36
|
37
|
38
|
39
|
40
|
41
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Total no. of days worked
|
Rate of basic wages
|
Rate of allowances, if any
|
Total hours of overtime
|
Rate of overtime
|
Deductions, if any
|
Actual wages paid
|
Remarks of indication showing that the payments
have been made together with the dates
|
|
On account of provident fund
|
On account of advances
|
|
42
|
43
|
44
|
45
|
46
|
47
|
48
|
49
|
50
|
|
|
|
|
|
|
|
|
|
|
[Form No. 14]
[Added vide Labour Department Notification No. 21 (SM) /XXXVI-A-1019 (SM)-75, dated June 13, 1953.]
[Rule 102]
Leave with Wages Register
Name of Factory..................
| | |
| --- | --- |
|
|
Adult/Child
|
|
Serial No. ..........................
|
Name ..............................
|
|
Department ..........................
|
Father's Name .....................
|
|
Serial No. in the Register of Adult/ Child workers
...............
|
Date and amount of payment made in lieu of leave due
..................
|
|
Date of entry into service ........................
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Calendar year of service
|
Wages paid from........ to.......
|
Wages earned during the wage period
|
No. of days worked during the calendar year
|
Leave to credit
|
|
No. of days of work performed
|
No. of days of lay off
|
No. of days of maternity leave
|
No. of days of leave enjoyed
|
Total of Columns 4 to 7
|
Balance of leave from preceding year
|
Leave earned during the year mentioned in Column
1
|
Total of Columns 9 and 10
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
|
|
|
|
|
|
|
|
|
|
|
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Whether leave in accordance with scheme under
Sec. 79 (8) was refused
|
Leave enjoyed from......... to........
|
Balance of leave to credit
|
Normal rate of wages
|
Cash equivalent of advance accruing through
concessional sale of food-grains and other particulars
|
Rate of wages for leave period (Total of Colns 15
ad 16)
|
Remarks
|
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
|
|
|
|
|
|
|
|
Note. - Separate page will be allotted to each worker.
[Form No. 15]
[Inserted by Notification No. 21 (SM) /XXXVI-A-1019 (SM) 57, dated June 13, 1958.]
[Rule 103]
| | |
| --- | --- |
|
|
Adult/Child
|
|
Serial No. ..........................
|
Name ..............................
|
|
Department ..........................
|
Father's Name .....................
|
|
Serial No. in the Register of Adult/ Child workers
...............
|
Date and amount of payment made in lieu of leave due
..................
|
|
Date of entry into service ........................
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
|
|
|
No. of days worked during the calendar year
|
Leave to credit
|
|
No. of days of work performed
|
No. of days of lay off
|
No. of days of maternity leave
|
No. of days of leave enjoyed
|
Total of Columns 4 to 7
|
Balance of leave from preceding year
|
Leave earned during the year mentioned in Column
1
|
Total of Columns 9 and 10
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
|
|
|
|
|
|
|
|
|
|
|
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Whether leave in accordance with scheme under
Sec. 79 (8) was refused
|
Leave enjoyed from......... to........
|
Balance of leave to credit
|
Normal rate of wages
|
Cash equivalent of advance accruing through
concessional sale of food-grains and other particulars
|
Rate of wages for leave period (Total of Colns 15
ad 16)
|
Remarks
|
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
|
|
|
|
|
|
|
|
Note. - To be printed on a thick sheet in folder form.
Form No. 16
[Rule 107 (2) ]
[I hereby require that in the event of my death before resuming work, the balance of my pay, due for the period of leave with wages not availed of shall be paid to ............................ who is my ............................]
[Inserted by Notification No. 21 (SM) /XXXVI-A-1019 (SM) 57, dated June 13, 1958.]
| |
| --- |
|
Witnesses
|
|
1
|
.........................
|
Signature of worker
|
|
|
.........................
|
Date
|
|
2
|
.........................
|
Present Address
|
|
|
.........................
|
Permanent Home Address
|
Form No. 17
[Section 87 (Rule 109)]
Factories Act, 1948
Health Register
For use in pursuance of Special Rules in certain dangerous occupation
Pages
Part I – List of persons employed .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
--------------------------------------------------------------------------------------------------
Part II – General result of examination .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
--------------------------------------------------------------------------------------------------
See Instructions below
This Form of Health Register is approved by the Chief Inspector of Factories, U.P. for use in pursuance of the Special Rules under Section 87 of the Factories Act, 1948.
Instructions
Certifying Surgeon
The health register is in two parts in each of which entries by the certifying surgeon are required at each visit.
In Part I of the register the certifying surgeon should at the time of examination, enter the date at the head of one of the columns numbered 6 to 18; and in the space below opposite the name of each person examined on that date, a brief not of the condition found, using signs in accordance with the scheme on footnote of the cover where lead is in question.
In Part II of the register the certifying surgeon should again enter (in column 3) the date of examination with a statement of the local number examined on that occasion in column 4; and (in column 5) any certificate of suspension from work, or certificate permitting resumption of work, and particulars of any other directions given by him, appending his signature in column 6.
Occupier
It is the duty of the occupier to enter in Part I the following particulars with regards to each person to be examined.
Name in full (column 2).
The process in which he or she is employed (column 3).
Age when first employed in that process (column 4).
Date of first employment in that process (column 5).
The particulars in Part I may be kept in the form of an approved card register; but such cards are not supplied.
The particulars in respect of each person so employed must be entered by the occupier immediately such person commences to work in the process named.
The examination should be made at appointed times (arranged with the certifying surgeon), of which notice should be given to all workers concerned.
In order to secure due privacy it is requested that the certifying surgeon may have to exclusive use of room or office while he is conducting the examination.
Works to which this register applies
Name of occupier ...............................................................
Address of factory .....................................
Special rules to which the Register refers .............
Signature of Occupier or Manager ...................
Date ...................
Part I – {|
-------------
|-
| List of persons employed in process
| Particulars
|-
| Worker's name in full
| Number
| Process
| First employed in such process
| Date result
| Date result
| Date result
| Date result
|-
| Age
| Date
|-
| 1
| 2
| 3
| 4
| 5
| 6
| 7
| 8
| 9
|-
| 123456789101112131415161718192021222324252627282930
|
|
|
|
|
|
|
|
|}
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Number
|
Reference to Part I
|
Date of examination
|
Number of persons examined
|
Particulars of any directions given by the
Certifying Surgeon. Any certificate of suspension or certificate
permitting resumption of work must be entered here in full
|
Signature of Certifying Surgeon
|
|
Page
|
Column
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
123456789101112131415161718192021222324252627282930
|
|
|
|
|
|
|
Part II – {|
--------------
|-
| Reference to Part I
| Date of examination
| Number of persons examined
| Particulars of any directions given by the
Certifying Surgeon. Any certificate of suspension or certificate
permitting resumption of work must be entered here in full
| Signature of Certifying Surgeon
|-
| Page
| Column
|-
| 1
| 2
| 3
| 4
| 5
| 6
|-
|
|
|
|
|
|
|}
Explanation of signs used by the Certifying Surgeon
The figures (1, 2, 3, 4) relate to the state of health so as it may have been affected by employment in lead. They have the following meaning :
(1) No comment.
(2) Blue line, or indication thereof.
(3) Anaemia, with blue line, or other signs of impairment of health suggestive of absorption of lead.
(4) Suspension, by reason of impairment of health from the effects of work in lead.
The letters A, B, C relate to the state of health apart from any effect of work in lead. The letter A means "no comment"; B and C indicate degrees of impairment of general health; D means suspension (for reasons other than impairment of health from the effects of work in lead), and X denotes carelessness, neglect of precaution or unsuitability for work in lead.
[Form 18]
[Form 18, Substituted by Notification No. 2088/XXXVI-3-2016(F) -77-CA-63-1948-Rule-1950-AM(53)-1986, dated 7th August, 1986, published in the U.P. Gazette, (Extra.), Part 4, Sec (Kha), dated 7th August 1986.]
[Section 88, Rule 110]
Notice of Accidents or Dangerous Occurrence resulting in Death or Bodily Injury
To,
..............................
..............................
Dated ..............................
Sir,
I hereby give notice under Section 88 of the Factories Act, 1948 that fatal/ non-fatal accident occurred in this factory to the person mentioned below
### 1. Name of occupier (of Factory)/Employer ................................................................. ###
2. Address of E.S.I. Employer's Code No.......................... premises where accident or dangerous occurrence took place ....................................................................
### 3. Nature of Industry ..................................................................................... ###
4. Branch or department and exact place where the accident or dangerous occurrence took place ..........................................................................................
### 5. Name and address of injured person .....................................................................,.................................................................... ###
6. (a) Sex ................................................................................................
(b) Age (last birthday) ...............................................................................
(c) Occupation of the injured person ..................................................................
### 7. Local E.S.I. Office to which the injured person is attached ............................................ ###
8. Date, shift and hour of accident or dangerous occurrence ...............................................
### 9. (a) Hour at which the injured person started work on the day of accident or dangerous occurrence ............................................................................... (b)
Whether wages in full or part are payable to him for the day of the accident or dangerous occurrence ...............................................................................
### 10. Cause or nature of accident or dangerous occurrence ................................................... ###
11. Cause of accident or dangerous occurrence :
(a) If caused by machinery ............................................................................
(i) Give name of the machine and the part causing the accident or dangerous occurrence ................................................
(ii) State whether it was moved by mechanical power at that time
(b) State exactly what the injured person was doing at that time
(c) In your opinion, was the injured person at the time of accident or dangerous occurrence .........................................................
(i) acting in contravention of provisions of any law applicable to him, or
(ii) acting in contravention of any orders given by or on behalf of his employer, or
(iii) acting without instructions from his employer.
(d) In case reply to (c), (i), (ii) or (iii) is in the affirmative state whether the act was done for the purpose of securing the safety in connection with the employer's trade of business.
### 12. In case the accident or dangerous occurrence happened while travelling in the employer's transport state whether ........................................................................ (i) the injured person was travelling as a passenger to or from his place Or work ................................................................
(ii) the injured person was travelling with the express or implied permission of his employer.
(iii) the transport is being operated by or on behalf of the employer or some other person by whom it is provided in pursuance of arrangements made with the employer, and
(iv) the vehicle being not/being operated in the ordinary course of public transport service.
### 13. In the case the accident or dangerous occurrence happened while meeting emergency state .................,................................................................................... (i) its nature .....................................................................................................
(ii) whether the injured person at the time of accident or dangerous occurrence was employed for the purpose of his employer's trade or business in or about the premises at which the accident or dangerous occurrence took place.
### 14. Describe briefly how the accident or dangerous occurrence occurred. ###
15. Name and addresses of witnesses :
(1) ..............................................................................................................
(2) ..............................................................................................................
### 16. (a) Nature and extent of injury (e.g. fatal, loss of finger, fracture of leg, sealed or scratch and followed by sepsis.) (b)
Location of injury (right leg, left hand or left eye etc.)
### 17. (a) If the accident or dangerous, occurrence is not fatal, state whether the injured person was disabled for more than, 48 hours. (b)
Date and hour of return to work.
### 18. (a) Physician, dispensary or hospital from whom or in which the injured person received or is receiving treatment. (b)
Name of dispensary/panel doctor selected by the injured person
### 19. (i) Has the injured person died .............................................. (ii)
If so, date of death ..............................................................................................
I certify that to the best of may knowledge and belief, the above particulars are correct in every respect.
Signature
..................................
Name and Designation of the Occupier or Manager-Employer ..........................................
Employer's Address and Code No. ....................................................................
(This space is to be completed by the Inspector of Factories)
Sex (Men, Women, Boy or Girl).
| | |
| --- | --- |
|
District
|
Date of receipt
|
Number of accident or dangerous occurrence. Causation number, other particulars (e.g. fatal leg injury arm injury etc.)
Date of Investigation ............................................................................
Result of Investigation ..........................................................................
[Form No. 18-A]
[Form 18-A, inserted by Notification No. 2088/XXXVI-3-2016(F) -77-CA-63-1948-Rule-1950-AM(53)-1986, dated 7th August, 1986, published in the U.P. Gazette, (Extraordinary), Part 4, Section (Kha), dated 7th August 1986.]
[Section 88, Rule 10]
Notice of dangerous occurrence not resulting in death or bodily injury
### 1. Name and address of the factory ......................................................... ###
2. Name of the Occupier ....................................................................
### 3. Name of the Manager .................................................................... ###
4. Nature of Industry ................................................................................................................
### 5. Branch or Department and exact place where the dangerous occurrence took place ................................................................................ ###
6. Date and hour of occurrence .............................................................
### 7. Nature of Dangerous Occurrence (state exactly what happened) ............................. I certify that, to the best of may knowledge and belief, about particulars are correct in every respect.
Signature of the Occupier/Manager.
Date of despatch of report.
Note. - To be completed in legible handwriting or preferably typewritten.
(This space to be completed by Inspector of Factories)
| | |
| --- | --- |
|
District ........................
|
Date of receipt ........................
|
|
D.O. No. .....................
|
Date of investigation ........................
|
Causation No. ..........................................................................
Result of investigation .............................................................
Form No. 19
[Section 89, Rule 112]
Notice of certain diseases
### 1. Name of factory ............................................................... ###
2. Address of factory ............................................................
### 3. Address of office of private residence of occupier ........................... ###
4. Nature of industry ............................................................
### 5. Name, father's name, and factory ticket number of patient ..................... ###
6. Address of patient .............................................................
### 7. Sex and age of patient ............................................................................. ###
8. Precise occupation of patient .......................................................
### 9. Nature of poisoning or disease from which patient is suffering, and the approximate period of illness ......................................................... ###
10. Has the case been reported to the certifying surgeon .........................
### 11. Have particulars of the case been entered in the Health Register Signature of Factory Manager ...................
Date ..................
to be filled in by the [Inspector of factories]
[Amended by Notification No. 6264 (SM) /XXXVI-A-1250 (SM)-57, dated February 19, 1959.]
No. of case .......................
Remarks ...........................
Form No. 20
[Section 108, Rule 118]
[Abstract of the Factories Act, 1948 and the U.P. Factories Rules, 1950]
[Amended by Notification No. 21 (SM) /XXXV1-A--1019 (SM)-57, dated June 13, 1958.]
(To be fixed in a conspicuous and convenient place at or near the main entrance to the factory)
Interpretation
"Factory" means any premises including the precincts thereof--
(i) Whereon ten or more workers 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
(ii) Whereon twenty or more workers 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 subject to the operation of the Mines Act, 1952 (XXXV of 1952) or a railway running shed.
"Worker" means a person employed, directly or through any agency, whether for wages or not, in any manufacturing process or in cleaning any part of the machinery or premises used for a manufacturing, process, or in any other kind of work incidental to, or connected with the manufacturing process, or the subject of the manufacturing process.
"Manufacturing process" means any process for making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or pumping oil, water sewage, or generating, transforming or transmitting power, or composing types for printing, printing by letter press, lithography, photogravure or other similar process or book-binding, which is carried on by way of trade or for purposes of gain, or incidentally to another business so carried on, or constructing, reconstructing, repairing, refitting, finishing, or breaking up ships or vessels.
Preliminary
Licensing and registration, Sections 6 and 7. - The owner or occupier of any premises which is liable to be treated as a "Factory" as defined under the Act shall get it registered and obtain from the Chief Inspector of Factories a licence after paying the prescribed fee. He shall also get the plans, etc. approved before using the premises as a "factory".
Working hours, holiday, intervals for rest, etc.
### 1. Hours of work (adults) , Sections 51 and 54. - No adult worker shall be required or allowed, to work in a factory for more than 48 hours in any week, and for more than nine hours in any day : Provided that, subject to the previous approval of the Chief Inspector of Factories, the daily maximum specified in Section 54 may be exceeded in order to facilitate the change of shifts. ###
2. Relaxation of hours of work (adults) , Section 64. - The ordinary limits on working hours of adults may be relaxed in certain special cases, e.g. workers engaged on urgent repairs; in preparatory or complementary Work which must necessarily be carried on outside the limits laid down for general working of factory; in work which is necessarily so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the intervals for rest; in Work which for technical reasons must be carried on continuously; in making or supplying articles of prime necessity which must be made or supplied every day; in a manufacturing process which cannot be carried on except during fixed seasons, or at times dependant on the irregular action of natural forces; in ^engine rooms or boiler houses or in attending to power plant or transmission machinery in the printing of. newspapers, which are held up on account of the breakdown of machinery; in loading or unloading of Railway wagons.
Except in the case of urgent repairs, the relaxation shall not exceed the following limits :
(i) the total number of hours of work in any day shall not exceed ten;
(ii) the total number of hours of overtime work shall not exceed 50 for any one quarter;
(iii) the spread-over inclusive of intervals for rest shall not exceed 12 hours in any one day.
In the case of any or all adult workers in any factory, the ordinary limits on working hours of adults may be relaxed, for a period or periods not exceeding in the aggregate three months in any year, to enable the factory to deal with an exceptional press of work.
### 3. Payment for overtime, Section 59. - Where a worker works in a factory for more than nine hours in any day or for more than 48 hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice its ordinary rate of wages. ###
4. Exemption of supervisory staff, Section 64. - Chapter VI of the Act-working hours of adults-does not apply to persons holding positions of supervision or management or employed in a confidential position in a factory.
### 5. Weekly holidays (adults) , Section 52. - No adult worker shall be required or allowed to work in a factory on the first day of the week, unless he has or will have, a holiday for a whole day on one of the three days immediately before of after the said day, and the manager of the factory has before the said day or the substituted day whichever is earlier, delivered a notice at the office of the Inspector of his intention to require to worker to work on the said day and of the day which is to be substituted, and displayed a notice to that effect in the factory : Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
Where a worker in a factory, as a result of exemption from the ordinary provision relating to weekly holidays, is deprived of any of weekly holidays, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
### 6. Intervals for rest (adults) , Sections 55 and 56. - The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed 5 hours before he has had an interval for rest of at least half an hour and that inclusive of his intervals for rest they shall not spread over more than 10Vi hours in any day or with the permission of the Chief Inspector in writing, 12 hours : Provided that the State Government or subject to the control of State Government the Chief Inspector of factories, by written orders, and for the reasons specified therein, exempt any factory in such a way that the total number of hours put in by a worker without an interval, does not exceed six.
### 7. Prohibition of double employment, Sections 60, 71 and 99. - No child or, except in certain circumstances an adult worker, shall be required or allowed to work in any factory on any day on which he has already been working in any other factory. If a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine, which may extend to Rs. 50 unless it appears to the court that the child so worked without the consent or connivance of such parent, guardian or person.
### 8. Prohibition of employment of children under 14, Section 67. - No child, who has not completed his fourteenth year, shall be required or allowed to work in any factory. ###
9. Hours of work (children) , Section 71. - No child shall be employed or permitted to work in any factory for more than 4-½ hours in any day and; during the night, which shall mean a period of at least twelve consecutive hours including the period between 10 p.m. and 6 a.m. The periods of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than 5 hours each and each child shall be employed in only on of the relays.
The provision relating to weekly holidays shall also apply to child workers and no exemption from the provision may be granted in respect of any child.
### 10. Prohibition of employment of women, Section 66. - No woman shall in any circumstances be employed in any factory more than 9 hours in any day or between the hours of 7 p.m. and 6 a.m. and three shall be no change of shifts except after a weekly holiday or any other holiday. Leave with wages
### 11. Annual leave with wages, Sections 79, 80, 82 and 83. - Every worker,.who has worked for a period of 240 days or more in a factory during a calendar year, shall be allowed during the subsequent calendar year leave with wages for a number of days calculated at the rate of- (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year;
(ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Any days of lay-off by agreement or contract or as permissible under the standing orders maternity leave for any number of days not exceeding twelve weeks in the case of a female worker, and leave earned in the year prior to that in which leave is enjoyed, shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more but he shall not earn leave for these days :
Provided that a period of leave shall be exclusive of all holidays whether occurring during or at either end of the period of leave. A worker, who quits his employment on or before the next pay day of January shall be entitled to leave with wages at the rate as laid down in clauses (i) or (ii) above, as the case may be, if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
If a worker is discharged or dismissed from service during the course of the year, he shall be entitled to leave with wages calculated at the rate as laid down above, even if he has not worked for the entire period as specified in clauses (i) and (ii) above entitling him to earned leave.
In calculating leave under Section 79 half a day or more shall be treated as one full day and fraction of less than half shall be omitted,
If a worker does not in any calendar year take the whole of the leave admissible to him any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to the succeeding year shall not exceed 30 in the case of an adult and 40 in the case of a child :
Provided further that a worker, who has applied for leave with wages but has not been give such leave shall be entitled to carry forward the unavailed leave without any limit.
A worker may at any time apply for leave with wages, but not less than fifteen days before the date on which he wishes his leave to begin, to take all leave or any portion thereof allowable to him during the calendar year :
Provided that the application shall be made not less than thirty days before the date on which a worker wishes his leave to begin if he is employed in a public utility service as defined in clause (n) of Section 2 of the Industrial Disputes Act, 1947 (XIV of 1947) :
Provided further that number of times in which the leave may be taken during any year shall not exceed three.
If a worker wants to avail himself of the leave with wage due to him to cove a period of illness, he shall be granted such leave even if his application for leave is not made within the time specified above.
Where the employment of a worker, who is entitled to leave, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave the occupier of the factory shall pay him the amount payable under Section 80 in respect of the leave not taken and such payment shall be made, where the employment of the worker is terminated by occupier, before the expiry of the second working day after such termination and where a worker who quits his employment on or before the next pay day.
For the leave allowed to him under Section 79, a worker shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he worked during the month immediately preceding his leave, exclusive of any overtime and bonus, but inclusive of dearness allowance and the cash equivalent to the advantage accruing through the concessional sale to the worker of foodgrains and other articles.
A worker, who has been allowed leave for not less than four days in the case of an adult, and five days, in the case of a child, shall before his leave begins, be paid the wages due for the period of leave allowed.
The Manager shall maintain an account of the leave with wages in a register which shall be on the prescribed Form No. 14 and shall provide each worker with a book called the 'Leave Book', on the lines of Form No. 15. The Leave Book shall be the property of the worker and the Manager or his agent shall not demand it except to make entries of the dates of leave or interruptions in service and shall not keep it for more than a week at a time, if a worker loses his Leave Book the Manager shall provide him with another copy on payment of [Twenty five Paise] and shall complete it from his record.
Any sum required to be paid by an employer, for leave with wages, but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936 (Act No. IV of 1936).
Health
### 12. Cleanliness, Section 11. - Except in cases specially exempted, all inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and stair-cases in a factory shall be kept white-washed or colour washed. The white-washing or colour washing shall be carried out at least once in every period of fourteen months. The floors of every work-room shall be cleaned at least once in every week by washing, using disinfectant, where necessary, or some other method. ###
13. Disposal of wastes and effluents, Section 12. - Effective arrangements shall be made in every factory for the disposal of wastes and effluents due to the manufacturing process parried on therein.
### 14. Ventilation and temperature, Section 13. - Effective and suitable provision shall be made in every factory for securing and maintaining in every workroom adequate ventilation by the circulation of fresh air and such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health. ###
15. Overcrowding, Section 16. - Unless exemption has been granted, there shall be in very work-room of a factory in existence on April 1, 1949 at least 350 cubic feet and of a factory built after this date at least 500 cubic feet of space for every worker employed therein and for this purpose no account shall be taken of any space which is more than 14 feet above the level of the floor of the room.
### 16. Lighting, Section 17. - In every part of a factory, where workers are working or passing, there shall be provided and maintained sufficient and suitable lighting, natural or artificial or both. ###
17. Drinking water, Section 18. - In every factory effective arrangement shall be made to provide and maintain at suitable points, conveniently situated for all workers employed therein, a sufficient supply of wholesome drinking water.
In every factory wherein more than 250 workers are ordinarily employed, the drinking water shall, during the hot weather, be cooled by ice or other effective means. The cooled drinking water shall be supplied in every canteen, lunch room and rest room and also at conveniently accessible points throughout the factory.
### 18. Latrines and urinals, Section 19 and rules. - In every factory sufficient latrine and urinal accommodation of the prescribed type (separate enclosed accommodation for male and female workers) shall be provided conveniently situated and accessible to workers at all times while they are at the factory. Every latrine shall be under cover and so partitioned off as to secure privacy and shall have a proper door and fastenings. Sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and washing places. ###
19. Spittoons, Section 20. - In every factory, there shall be provided a sufficient number of spittoons of the type prescribed in convenient places and they shall be maintained in a clean and hygienic condition. No person shall spit within the premises of a factory except in the spittoons provided for the purpose. Whoever spits in contravention of this provision shall be punishable with fine not exceeding five rupees.
Safety
### 20. Fencing of machinery, Section 21. - In every factory mover and every flywheel connected to a prime mover, dangerous parts of machines, e.g. every moving part of a prime mover, etc. shall be securely fenced by safeguards of- substantial construction which shall be kept in position while the parts of machinery they are fencing are in motion or in use. ###
21. Work on or near machinery in motion, Section 22. - No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery.
### 22. Employment of young persons of dangerous machinery, Section 23. - No young person shall work at any machine declared to be dangerous unless he has been fully instructed as to the dangers arising in connection with the machine and the precaution to be observed and has received sufficient training in work at the machine or is under adequate supervision by a person, who has thorough knowledge and experience of the machine. ###
23. Casing of new machinery, Section 26. - In all machinery driven by power and installed in any factory after April 1, 1949, every set screw, bolt or key on any revolving shaft, spindle wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; all spur, worm and other toothed or friction gearing, which does not require frequent adjustment while in motion, shall be completely encases, unless it is so situated as to be as safe as it would be if it were completely encased.
Whoever sells or lets on hire or as agent of a seller or hirer, causes or procures to be sold or let on hire, for use in a factory and machinery driven by power, which does not comply with these provisions, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to five hundred rupees or with both.
### 24. Prohibitions of employment of women and children near cotton openers, Section 27. - No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work. ###
25. Excessive weights, Section 34. - No woman or young person shall unaided by another person lift, carry or move by hand or on head any material, articles, tool or appliance exceeding the following limits :
| | |
| --- | --- |
|
Persons
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Maximum weight of material, article, tool or
appliance
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|
When the work is intermittent
|
When the work is continuous
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|
|
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lbs.
|
lbs.
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|
(a) |
Adult female
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...
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...
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...
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66
|
44
|
|
(b) |
Adolescent male
|
...
|
...
|
...
|
66
|
44
|
|
(c) |
Adolescent female
|
...
|
...
|
...
|
50
|
33
|
|
(d) |
Male child
|
...
|
...
|
...
|
35
|
21
|
|
(e) |
Female child
|
...
|
...
|
...
|
30
|
20
|
### 26. Protection of eyes, Section 35. - Effective screens or suitable goggles shall be provided for the protection of persons employed in or in the vicinity of processes which involve risk of injury to the eyes from particles of fragments thrown of in the course of the process or which involve risk of injury to the eyes by reason of exposure to excessive light. ###
27. Precautions in case of fire, Section 38. - Every factory shall be provided with adequate means of escape in case of fire for the persons employed therein. The doors affording exit from any room shall, unless they are of the sliding type, be constructed to open outwards. Every window, door or other exit affording a means of escape in case of fire other than the means of exit in ordinary use, shall be distinctively marked. Effective and clearly audible means of giving warning in case of fire to every person employed in the factory shall be provided. Effective measures shall be taken to ensure that wherein more than twenty workers are ordinarily employed in any place above the ground floor, or wherein explosive or highly inflammable materials are used or stored, all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such case.
Welfare
### 28. Washing facilities, Section 42. - In every factory adequately and suitable facilities for washing shall be provided and maintained for the use of the workers therein. Such facilities shall include [soap] [The words 'and nail brushes' deleted, vide Labour Department Notification No. 1072 (LL) (ii)/XVIII (LB)-61 (44-51) dated June 6, 1952.]
or other suitable means of cleaning and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition.
If female workers are employed separate facilities shall be provided and so enclosed or screened that the interiors are not visible from any place where persons of the other sex work or pass.
### 29. Facilities for storing and drying clothing, Section 43 and rules. - In the case of certain dangerous operations, e.g. lead processes, liming and tanning of raw hides and skins, etc. suitable places for keeping, clothing not worn during working hours and for the drying of wet clothing shall be provided and maintained. ###
30. Facilities for sitting, Section 44. - In every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position in order that they may take advantage of any opportunities for rest, which may occur in the course of their work.
### 31. First aid and ambulance room, Section 45. - There shall, in every factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cup-boards equipped with the prescribed contents. All such boxes and cup-boards shall be kept in the charge of a responsible person, who is trained in first-aid treatment and who shall always be available during the working hours of the factory. In every factory wherein more than 500 workers are employed, there shall be provided and maintained an ambulance room of the prescribed size and containing the prescribed equipment. The ambulance room shall be in charge of a qualified medical practitioner assisted by at least one qualified nurse and such other staff as may be prescribed.
### 32. Canteens, Section 46 and rules. - In specified factories wherein, more than 250 workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers. Food, drink and other items served in the canteen shall be sold on a non-profit basis and the prices charged shall be subject to the approval of a Canteen Managing Committee which shall be appointed by the manager and shall consist of an equal number of persons nominated by the occupier and elected by the workers. The number of elected workers shall be in the proportion of 1 for every 1,000 workers employed in the factory, provided that in no case shall there be more than 5 or less than 2 workers on the Committee. The Committee shall be consulted from time to time on the quality and quantity of foodstuffs to be served in the canteen, the arrangement of the menus, etc.
### 33. Shelters, rest-rooms and lunch rooms, Section 47. - In every factory wherein more than 150 workers are ordinarily employed, adequate and suitable shelters or rest-rooms and a suitable lunch-room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers. ###
34. Creches, Section 48 and rules. - in every factory where in more than 50 women workers are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women. The creche shall be adequately furnished and equipped and in particular there shall be one suitable cot or a cradle with the necessary bedding for each child, at least one chair or equivalent seating accommodation for the use of the mother while she is feeding or attending to her child and sufficient supply of suitable toys for older children.
There shall be in or adjoining the creche a suitable washroom for the washing of the children and their clothing. An adequate supply of clean clothes, soap and clean towels shall be made available for each child while it is in the creche. At least half a pint of clean pure milk shall be available for each child on every day it is accommodated in the creche and the mother of such a child shall be allowed in the course of her daily work suitable intervals to feed the child, for children above two years of age, there shall be provided, in addition, an adequate supply of wholesome refreshment. A suitably fenced and shady open air playground shall also be provided for the older children.
### 35. Welfare Officers, Section 49. - In every factory wherein 500 or more workers are ordinarily employed the occupier shall employ in the factory such number of Welfare Officers as may be prescribed. Special Provisions
### 36. Dangerous operations, Section 87 and rules. - Employment of women, adolescents and children is prohibited or restricted in certain operations declared to be dangerous, e.g. manufacture of aerated water, electroplatings manufacture and repair of electric accumulators, glass manufacture, grinding of glazing of metals, manufacture and treatment of lead, generating petrol-gas from petrol, sand-blasting and liming and tanning of raw hides and skins. ###
37. Notice of accidents, Section 88 and rules. - Where in any factory an accident occurs which causes death or which causes bodily injury by reason of which the person injured is prevented from working for a period of 48 hours or more immediately following the accidental or which, though not attended by personal injury or disablement is of one of the following types--
(i) Bursting of vessel used fro containing steam under pressure greater than atmospheric pressure other than plant which comes within the scope of the Indian Boilers Act.
(ii) Collapse or failure of a crane, derrick, winch, hoist or other appliances used in raising or lowering persons or goods or any part thereof, or the overturning of a crane.
(iii) Explosions or fire causing damage to any room or place in which persons are employed, or fire in rooms of cotton pressing factories where a cotton opener is in use.
(iv) Explosion of a receiver or container used for the storage at a pressure grater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas.
(v) Collapse or subsidence of any floor, gallery, roof, bridge, tunnel chimney, wall or building forming part of factory or within the compound or curtilage of factory,
the manager of the factory shall forthwith send notice thereof to the Chief Inspector [and]
[Substituted by Notification No. 6264 (SM) (iii)/XXXVI-A-1250 (SM)-57, dated February 19, 1959.]
the Inspector of Factories of the region concerned. If the accident is fatal or of such a serious nature that it is likely to prove fatal, notice shall also be sent to the District Magistrate or the Sub-Divisional Officer and the officer-in-charge of the nearest police station.
### 38. Notice of certain diseases, Section 89 and rules. - Where any worker in a factory contract any of the following diseases, the manager of the factory shall send notice thereof forthwith to the Chief Inspector of Factories, [the Inspector] [Vide Notification No. 21 (SM) /XXXVI-A-1019-57. dated 13.6.1958.]
of Factories of the region concerned and the certifying surgeon;
Lead, phosphorus, mercury, manganese, arsenic, carbon-bi-sulphide or benzene poisoning or poisoning by nitrous fumes, or by halogens or halogen derivatives of the hydrocarbons of the aliphatic series : or of chrome ulceration, anthrax, silicosis, toxic anaemia, toxic jaundice, primary opthalmious cancer of the skin, or pathological manifestations due to radium or other radio active substances of x-rays.
### 39. No charge for facilities and conveniences, Section 114. - No fee or c[large shall be realised from any worker in respect of any arrangements or facilities to be provided or any equipments or appliances to be supplied by the occupier under the provisions of the Act. ###
40. Powers of Inspectors, Section 9. - Inspectors have power to inspect factories any time and may require the production of registers, certificates, etc., prescribed under the Act and the rules.
### 41. Obligations of workers, Sections 97 and 111. - No worker in a factory- (i) shall wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purpose of securing the health, safety or welfare of the workers therein;
(ii) shall wilfully and without any reasonable cause do anything likely to endanger himself or others; and
(iii) shall wilfully neglect to make use of any appliance or other thing provided in the factory for the purpose of securing the health or safety of the workers therein.
If any worker employed in a factory contravenes any of these provisions or any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Rs. 100, or with both.
If any worker employed in a factory contravenes any provision of the Act or any rules or orders made thereunder imposing any duty or liability on workers, he shall be punishable with fine which may extend to Rs. 20.
### 42. Certificate of fitness, Sections 68, 70 and 98. - No child who has completed his fourteenth year or an adolescent shall be required or allowed to work in any factory unless a certificate of fitness granted with reference to him is in the custody of the manager of the factory and such child or adolescent carries, while he is at work a token giving a reference to such certificates. Any fee payable of such certificate shall be paid by the occupier and shall not be recoverable from the young person, his parents or guardian. An adolescent who has been granted a certificate of fitness to work in a factory as an adult and who while at work in a factory carries a token giving reference to the certificate shall be deemed to be an adult for all the purposes of the provisions of the Act relating to the working hours of adults and the employment of young persons :
[Provided that no such adolescent, who has not attained the age of seventeen years, shall be employed or permitted to work in any factory during night.]
[Substituted by Notification No. 3220 (SM) /XXXVI-A-1197 (SM)-57, dated May 11, 1957.]
Explanation. - 'Night' for the purposes of this sub-paragraph means a period of at least twelve consecutive hours which shall include the period of at least seven consecutive hours falling between 10 p.m. and 7 a.m."
An adolescent who has not been granted a certificate of fitness to work in factory as an adult shall, notwithstanding his age, be deemed to be a child for all the purposes of the Act.
Whoever knowingly uses or attempts to use as certificates of fitness granted to himself a certificate granted to another adolescent to work in a factory as an adult, or who having procured such a certificate knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to Rs. 50 or with both.
### 43. Registers, notice and returns, Sections 61, 63, 72, 74, 79, 80 and 110. - A register of adult workers in the prescribed Form No. 12 and a register of child workers in the prescribed Form No. 13 shall be maintained by the manager of every factory. A notice of periods of work of adults and a notice of periods of work for children in the prescribed Form No. 11 shall be correctly maintained and displayed in every factory. No adult worker or child shall be required or allowed to work in any factory otherwise than in accordance with their respective notices of periods of work displayed in the factory.
The owners, occupiers or managers of factories shall submit the prescribed periodical returns to the Inspector regularly.
Form No. 21
[Section 110, Rule 120]
Year ending 31st December 19
No. of the Licence issued by the Chief Inspector of Factories.
Name of the factory ....................................................
Name of the occupier .................................................
Name of the Manager ................................................
### 1. District ..................................................................... ###
2. Postal Address .......................................................
### 3. Nature of industry .................................................... ###
4. [ Average number of workers employed daily.]
[(Column 4) - The average daily number should be calculated by dividing the aggregate of attendance on working days by the number of working days in the year. In recokning attendances (1) attendance of worker (a) for less than half of his scheduled working hours on a working day shall be omitted, and (b) attendance; for half of his scheduled working hours or more on a working day shall be treated as full attendance (2) attendance of both temporary as well as permanent worker shall be counted. Attendances on separate shifts (e.g. night and days shifts) should be counted separately. Days on which the factory was closed, for whatever cause, and days on which the manufacturing processes were not carried should not be treated as working days.]
| | | | |
| --- | --- | --- | --- |
|
------------
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Directly by occupier
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Directly by the contractor
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Total average
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Men
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...
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...
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|
|
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Women
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...
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...
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|
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Adolescent
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...
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...
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|
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Male
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...
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...
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|
|
|
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Female
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...
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...
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|
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Children
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...
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...
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|
|
|
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Male
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...
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...
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|
|
|
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Female
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...
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...
|
|
|
|
### 5. Name and address of the contractor(s) ..................................................... ###
6. Normal hours worked per week ..............................................................
Men .................................................................................
Women ...........................................................................
Children ...........................................................................
### 7. Number of days worked in the year. ###
8. [ What rest intervals were given to adults]
[(Column 8) - Enter 'one hour', 'two half hours' 'or none' as the case may be. If none of these categories applied to all the adult employees, enter the category applicable to the majority of adult employees, where the majority receives an interval exceeding one hour enter 'one hour'.]
.......................
### 9. Where rest intervals were given to adults ....................... ###
10. Where week days sometimes substituted for Sundays as weekly holidays .......................
### 11. Number of workers exempted from the provisions of sections. ###
51. ........................
### 52. ........................ ###
53. ........................
### 54. ........................ ###
55. ........................
### 56. ........................ ###
12. Was the factory exempted under Section 65 .................................................................
Compensatory Holidays
### 13. Number of workers exempted from Section 52 of the Factories Act ###
14. Number of workers, who received holidays in the -
(a) Same month ..............................
(b) Following month .........................
(c) Third month .............................
Leave with Wages
### 15. [ Total number of persons employed during the year] [(Column 15) - The total number 'is not the average number'. In calculating 'total number' of all the persons employed during the year shall be accounted for.]
Adults ..................
Children ................
### 16. Number of persons who are entitled to leave with wages during the year preceding the year for which this return is submitted : Adults ..................
Children ................
### 17. Number of persons who are entitled to leave with wages during ;b year for which this return is submitted : Adults ..................
Children ................
### 18. Number of person who are granted leave during the preceding year : Adults ..................
Children ................
### 19. Number of persons who were granted leave during the year for which the return is submitted : Adults ..................
Children ................
### 20. [(a) The total number of workers discharged or dismissed from service during the year........................... (b)
Number of discharged workers paid wages in lieu of leave...................
(c) Total amount of wages paid in lieu of leave..................
(d) Total number of workers who left the services of the own accord..............]
### 21. Number of persons who gave notice not to avail themselves of leave during the year in which leave accrued : Adults ..................
Children ................
### 22. (i) Total number of days of involuntary unemployment during the year (ii)
Number of unemployed workers ...............................................
### 23. Does the factory come under-- (i) Section 87.
(ii) Section 93.
### 24. Average daily number of workers employed in dangerous operations Canteens
(For factories ordinarily employing more than 250 workers)
### 25. [ Is a canteen provided in compliance of Section 46 and Rule 68 .......................] [(Column 25). - If the columns are insufficient for giving details, a separate sheet may be attached and detailed information submitted. Enter 'Nil' against the column which is not applicable to your factory.]
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Does the canteen provide-
|
Approximate number of workers patronising canteen
(daily) |
Are the charges levied below cost price, if so,
state items provided below cost price
|
Percentage of expenditure borne by the employer
(details regarding items, if any, and amount subsidized should be
given)
|
How is the canteen managed
|
General remarks
|
|
Cooked food and refreshment, etc.
|
Cooked food only
|
Refreshment and tea only
|
Tea only
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
|
|
|
|
|
|
|
|
|
Creche
(For factories ordinarily employing more than 5C women workers)
### 26. [ Is a creche room provided in compliance of Section 48(1) and Rule 68 .........] [(Column 26). - If the columns are insufficient for giving details, a separate sheet may be attached and detailed information submitted. Enter 'Nil' against the column which is not applicable to your factory.]
| | | | | |
| --- | --- | --- | --- | --- |
|
1
|
2
|
3
|
4
|
5
|
|
Total No. of in the creche during the year
|
Average daily attendance of children at the
creche
|
Details of facilities provided for
|
Details of staff employed
|
General remarks
|
|
Two years and below
|
Above two years
|
Milk
|
Food
|
Clothes
|
Toys
|
Medical aid
|
Others
|
Doctors
|
Nurses
|
Teachers
|
Ayahs
|
Sweepers
|
|
Male
|
Female
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Shelters, Rest rooms or Lunch Rooms
(For Factories ordinarily employing more than 150 workers)
### 27. [ Is a shelter, rest-room or lunch room provided in compliance of Section 47 and Rule 69 in addition to a canteen?] [(Column 27). - If the columns are insufficient for giving details, a separate sheet may be attached and detailed information submitted. Enter 'Nil' against the column which is not applicable to your factory.]
| | | | |
| --- | --- | --- | --- |
|
Average daily attendance of workers of the
shelter, rest-room or lunch room
|
Details of facilities provided for drinking water
|
Details of accommodation, furniture and other
equipments provided
|
General remarks
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
[Accidents] [[Substituted vide Notification No. 3220 (SM) /XXXVI-1197-(SM-57, dated February 5, 1957.
In each give the number of persons injured.
The occupier of every factory shall furnish to the Chief Inspector of Factories, Kanpur on or before January 15 of each year an annual return in duplicate in the form set forth in the above schedule.]]
Fatal and non-fatal accidents
| | | | |
| --- | --- | --- | --- |
|
1
|
2
|
3
|
4
|
|
Total number of accidents or dangerous
occurrences during the year
|
Number of persons killed
|
Number of persons injured
|
Non-fatal accidents in which the workers returned
to work during the year
|
|
Men
|
Women
|
Children
|
Men
|
Women
|
Children
|
Occurring during the year
|
Occurring during the previous year
|
|
Number of accidents
|
Number of persons injured
|
Number of man-days lost on account of absence
|
Number of accidents
|
Number of persons injured
|
Number of man-days lost on account of absence
|
[I/We certify that information given above by me/us is true and correct to the best of my/our knowledge]
[Added by Notification No. 3607 (SM) /XXXVI-A-1172 (SM)-58, dated September 20, 1961.]
.
Signature of Manager............................................
Signature of Occupier ........................................
Dated ...............
Form No. 22
[Section 110, Rule 120]
Period ending ..................
June 30, 19 .......................
[\* \* \*]
[Deleted by Notification No. 3607 (SM) /XXXVI-A-U72 (SM)-58, dated Sept. 20, 1961.]
Name of the factory ..............
Name of occupier .................
Name of the Manager ................
### 1. District............ ###
2. Postal address...........
### 3. Nature of industry.......... [4-A. Average number of workers employed daily.] [[(Column 4-A) - The average daily number should be calculated by dividing the aggregate number of attendances on a working days by the number of working days during the half year. In reckoning attendances (1) attendance of a worker (a) for less than half of his scheduled working hours, on a working day shall be omitted, and (b) attendance for a period equal to half of his scheduled working hours or more than a working day shall be treated as full attendance, (2) Attendance of both temporary as well as permanent workers shall be counted. Attendances on separate shifts (e.g. night and day shifts) should be counted separately. Days on which the factory was closed, for whatever cause, and days on which the manufacturing processes were not carried on should not be treated as working days
The occupier of every factory referred to in Rule 120 shall furnish to the Chief Inspector of Factories, Kanpur, on or before July 15 of each year, a half-yearly return in duplicate in the form set forth in the above schedule.]]
| | | |
| --- | --- | --- |
|
Directly by occupier
|
Directly by the contractors
|
Total average
|
|
Men
|
...
|
...
|
|
|
|
Women
|
...
|
...
|
|
|
|
Adolescents
|
...
|
...
|
|
|
|
Male
|
...
|
...
|
|
|
|
Female
|
...
|
...
|
|
|
|
Children
|
...
|
...
|
|
|
|
Male
|
...
|
...
|
|
|
|
Female
|
...
|
...
|
|
|
### 4. -B. Name and/address of the contractor(s) ........................
### 5. Number of days worked during the half-year ending June 30, 19. [\* \* \*]
[Deleted by Notification No. 3607 (SM) /XXXVI-A-U72 (SM)-58, dated Sept. 20, 1961.]
[I/We certify that information given above by me/ us is true and correct to the best of my/ our knowledge]
[Added by Notification No. 3607 (SM) /XXXVI-A-1172 (SM)-58, dated September 20, 1961.]
.
Signature of Occupier
Signature of Manager
[Form No. 23]
[Substituted vide Labour Department Notification No. 1816 (LL) /XXXVI-B-95 (LL) 54, dated September 21, 1955.]
(Section 112, Rule 122)
Register of Accidents and Dangerous Occurrences
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Date of report in Form No. 18 to inspector
(notice to insurance authorities
|
Time of report and notice
|
Name and address of the injured person
|
Sex
|
Age
|
Insurance No.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
| | |
| --- | --- |
|
Shift, department and occupation of employee
|
Injury or dangerous occurrence
|
|
Date
|
Time
|
Place
|
Cause of injury or dangerous occurences
|
Nature of injury or dangerous occurrences
|
What exactly was the injured person doing at the
time of injury
|
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
|
|
|
|
|
|
|
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Name, occupation, address and signature or
thumb-impression of the person giving notice
|
Signature and designation of the person who makes
the entry
|
Name, address and occupation of two witnesses
|
Date of return of injured person to work
|
Name of the State Insurance Local Office to which
the injured person is attached
|
Remarks, if any
|
|
15
|
16
|
17
|
18
|
19
|
20
|
|
|
|
|
|
|
|
Notes. - (1) This Form can also be utilized as Form 15 required to be maintained under Regulation 66 of the Employees' State Insurance (General) Regulations, 1950.
(2) Information required at ( ) in column 2 and that in column 7 shall be filled in only by those factories which are covered by the Employees' State Insurance Act, 1948.
Form No. 24
Deleted. [\* \* \*]
[Deleted by Notification No. 5856 (SM) /XXXVI-A-1250 (SM)-57, dated March 18, 1964.]
[Form No. 25]
[Added by Notification No. 395 (LL) /XXXVI-B-313 (LL)-53, dated May 28, 1955.]
(Rule 53)
### 1. Name of the worker ................... ###
2. Serial number as in the register of the workers under Section 62 of the Act ..............
### 3. Father's name ............. ###
4. Age and date of birth ..................
### 5. Nature of work. ###
6. Qualifications, if any, or period of service on similar work
### 7. Date when tight fitting clothing was provided. ###
8. Remarks ..........
I certify that the above mentioned worth, whose signature/thumb impression is given below, is a properly trained male adult worker, who is competent to mount or ship belts, lubricate or do other adjusting operations on the machinery installed in my factory while they are in motion.
| | |
| --- | --- |
|
Signature/thumb impression of worker
|
Signature of Occupier
|
|
Date ..........................
|
[Form No. 26]
[Form 26 and 27, inserted by Notification No. 2088/XXXVI-3-2016(F) -77-CA-63-1948-Rule-1950-AM (53)-1986, dated August 7, 1986, published in the U.P. Gazette (Extra.), Part 4, Section (Kha), dated 7th August, 1986.]
(Prescribed under the Schedule specified under Rule 109)
Certificate of Fitness
Serial Number :
certify that I have personally examined ................................ (name) son of ......................., (father's name) residing at ................ (address) who is desirous of being employed as........................(designation) in ............ (process, department and factory) and that his age, as nearly as can be ascertained from my examination, is .................. years, and that he is, in my opinion, fit/unfit for employment in the above mentioned factory as mentioned above.
### 2. He may be produced for further examination after a period of ###
3. The serial number of the previous certificate is ...................
| | |
| --- | --- |
|
Signature/ Left Thumb-impressionof the person examined.
|
Signature of Certifying Surgeon
|
|
Date ..............................................
|
| | | | |
| --- | --- | --- | --- |
|
I certify that I examined the person mentioned
above on
|
I extend this certificate until (if certificate
is not extended, the period for which the worker is considered
unfit for work is to be mentioned)
|
Signs and symptoms observed during examination
|
Signature of Certifying Surgeon
|
[Form No. 27]
[Form 26 and 27, inserted by Notification No. 2088/XXXVI-3-2016(F) -77-CA-63-1948-Rule-1950-AM (53)-1986, dated August 7, 1986, published in the U.P. Gazette (Extra.), Part 4, Section (Kha), dated 7th August, 1986.]
(Prescribed under the Schedule specified under Rule 109)
Health Register
| | | |
| --- | --- | --- |
|
1
|
Serial number
|
…............................
|
|
2
|
Department/Work
|
…............................
|
|
3
|
Name of worker
|
…............................
|
|
4
|
Sex
|
…............................
|
|
5
|
Age (last birthday)
|
…............................
|
|
6
|
Date of employment or present work
|
…............................
|
|
7
|
Date of leaving or transfer to other work with reasons for
discharge for transfer
|
…............................
|
|
8
|
Nature of job or occupation
|
…............................
|
|
9
|
Raw materials products or by-products likely to be exposed to
|
…............................
|
|
Date of medical examination and the results
thereof
|
|
10
|
Date
|
…............................
|
|
11
|
Result fit or unfit
|
…............................
|
|
12
|
Signs and symptoms observed during examination
|
…............................
|
|
13
|
Nature of tests and result thereof
|
…............................
|
|
14
|
If declared unfit for work state period of suspension with
reasons in detail
|
…............................
|
|
15
|
Whether certificate of unfitness issued to the worker
|
…............................
|
|
16
|
Re-certified fit to resume duty on
|
…............................
|
|
17
|
Signature of the Certifying Surgeon with date
|
…............................
|
[Form No. 28]
[Inserted by Notification No. 501/XXXVI-3-2(f) -85, dated 14th May, 1992, published in the U.P. Gazette, (Extraordinary) Part-4, Section (kha), dated 14th May, 1992.]
Prescribed under Paragraph 7 (2) of Schedule V to Rule 109
Report of Examination and Test of Dust Extraction of Supersession System
| | |
| --- | --- |
|
1.
|
Description of system
|
|
2.
|
Hood-
|
|
|
(a) |
Serial number of hood
|
|
|
(b) |
Contaminant captured
|
|
|
(c) |
Capture Velocities (at points to be specified)
|
|
|
|
|
Design Value
|
|
Actual Value
|
|
|
(d) |
Volume exhausted at hood
|
|
|
(e) |
Hood Static Pressure
|
|
3.
|
Total Pressure drop at--
|
|
|
(a) |
Joints
|
|
|
(b) |
Other points of system (to be specified)
|
|
4.
|
Transport velocity in duct at points along ducts (to be
specified)
|
|
5.
|
Air cleaning device--
|
|
|
(a) |
Type used
|
...
|
...
|
...
|
|
|
(b) |
Velocity at inlet
|
...
|
...
|
...
|
|
|
(c) |
Static pressure at inlet
|
...
|
...
|
...
|
|
|
(d) |
Velocity at outlet
|
...
|
...
|
...
|
|
|
(e) |
Static Pressure at outlet
|
...
|
...
|
...
|
|
6.
|
Fan--
|
|
|
(a) |
Type used
|
...
|
...
|
...
|
|
|
(b) |
Volume handled
|
...
|
...
|
...
|
|
|
(c) |
Static Pressure
|
...
|
...
|
...
|
|
|
(d) |
Pressure drop at outlet of fan
|
...
|
...
|
...
|
|
7.
|
Fan Motor-
|
|
|
(a) |
Type
|
...
|
...
|
...
|
|
|
(b) |
Speed and power in kilowatts
|
...
|
...
|
...
|
|
8.
|
Particulars of defects, if any, disclosed during test of any
of the above components.
|
I certify that on (date .................) the above dust extraction system was thoroughly cleaned and (so far as its construction permits) made available for thorough examination. I further certify that on the said date, I thoroughly examined the above dust extraction system including its components ana fittings and that the above is a true report of my examination.
Signature .....................
Qualification .................
Address .......................
Date ..........................
If employed by a company or association, name and address of the company or association.
[Form 29]
[Inserted by Notification No. 1771/XXXVI-03-2017-83(Sa) -17, dated 19.2.2018 (w.e.f 28.11.1950).]
(See Rule 129)
Form
M/s...........................
To
The Inspector...........................region...........................
Subject: Application for permission to be covered under self-certification for the factory (Registration No. ....................................) under Factories Act, 1948.
Sir,
I wish to be covered under the said Self-Certification. I request you to kindly issue me necessary approval for the same. The necessary informations and other documents as required under self-certification are enclosed. I undertake to abide by all terms and conditions of the Self-Certification. It is also certified that I am competent and duly authorise to make any statement or provide any information to any Central/State Government agency on behalf of this factory.
Kindly issue the necessary approval at the earliest.
Yours faithfully,(Name and signature of the occupier) registered e-mail address.................. registered mobile number...................
Enclosures: (1) Form 30 (Informations about the factory)
(2) Form 31 (Undertaking)
Acknowledgement Slip
This is to acknowledge that an application regarding self-certification under the Factories Act, 1948 has been received by the undersigned from M/s ...................... (full address in capital) and the same has been entered in the office receipt register at Serial Number ................. dated ................ Any further correspondence in future in this regard may be done by stating this Serial Number..............
Receiver Office of the Inspector, region,................
Form 30
(To Be Enclosed With Form 29)
| | | |
| --- | --- | --- |
|
1.
|
Name and site address of the factory
|
-
|
|
2.
|
Registration number of the factory
|
-
|
|
3.
|
The main products of the factory
|
-
|
|
4.
|
Category of the factory(Non
hazardous/hazardous/highly hazardous)
|
-
|
|
5.
|
Number of the maximum employed workers in the
factory(males and females separately)
|
-
|
|
6.
|
Total horse power (HP) installed in the factory
|
-
|
|
7.
|
Which types of hazards are possible in the
factory?
|
-
|
|
8.
|
Have ever occurred the incidents of fatal
accidents, non-fatal accidents [fire, explosion, gasrelease etc.
in the factory? If yes, indicate their short description (with
date, event, number of affected persons and reason)]
|
-
|
|
9.
|
Number of all pressure vessels in the factory
|
-
|
|
10.
|
Number of all lifts in the factory
|
-
|
|
11.
|
Number of all lifting tackles in the factory
|
-
|
|
12.
|
Number of qualified safety officers appointed in
the factory
|
-
|
|
13.
|
Number of qualified welfare officers appointed
in the factory
|
-
|
|
14.
|
Number of doctors/factory medical officer
appointed in the factory
|
-
|
|
15.
|
Number of dispensaries/ambulance rooms in the
factory
|
-
|
|
16.
|
Number of canteens/lunch rooms in the factory
|
-
|
|
17.
|
Are creches available in the factory?
|
-
|
|
18.
|
Is the boiler installed in the factory?
|
-
|
|
19.
|
Is the examination of all the instruments/plants
done at prescribed time interval as per rule or not?
|
-
|
|
20.
|
Is the maintenance of all the
forms/registers/records prescribed in rule done as per rule or
not?
|
|
|
|
|
|
Note. - If any of the above information is not being provided, please give specific reason. Incomplete application will not be considered.
Signature of occupier Name - Mobile number/Telephone number - E-mail address - Date -
Form 31
(To be Enclosed With Form 29)
Undertaking
(To Be Filled by the Occupier on a Non-Judicial Stamp Paper of Rs 20)
I..........................son/daughter/wife of Shri...................resident of.............and occupier of the factory (Registration No...................) M/s...................... hereby states as under:
### 1. That I have studied the rule of self-certification and have fully understood its contents and I undertake to abide by name them. ###
2. That it is declared that I am complying and will continue to comply with all the provisions of the Factories Act, 1948 and all the rules made thereunder which cover this self-certification.
### 3. That I agree to accept the penalty prescribed under law in case of violation detected in the factory under the law after submitting of the return under the self-certification. Place:Date:
Deponent,
Verification
I, the abovenamed deponent, do hereby further solemnly affirm that the contents given above are true and correct to my knowledge.
Place:Date:
Deponent.]
[Substituted by Notification No. 5189 (SM) /XXXVI-A-1045 (SM)-57, dated October 11, 1960, published in U.P. Gazette, Part 1-A dated October 23, 1960.]
[Substituted by Notification No. 3346 (SM) /XXXVI-A-1002(SM) 58, dated July 15, 1961, published in the U.P. Gazette, Part I-A, dated July 22, 1961.]
|
65ba6a61ab84c7eca86eb318 | acts |
Union of India - Act
----------------------
The Banking Companies (Amendment) Act, 1956
---------------------------------------------
UNION OF INDIA
India
The Banking Companies (Amendment) Act, 1956
=============================================
Act 95 of 1956
----------------
* Published on 1 January 1956
* Commenced on 1 January 1956
An Act further to amend the Banking Companies Act, 1949.
### 1. Short title and commencement.-
(1) This Act may be called the Banking Companies (Amendment) Act, 1956 .
(2) It shall come into force on such date
2
as the Central Government may, by notification in the Official Gazette, appoint. 2 to Amendments to the Banking Companies Act, 1949 . 2 to 13.[ Amendments to the Banking Companies Act, 1949 .] Rep. by the Repealing and Amending Act, 1960 (58 of 1960 ), s. 2 and Sch. I.
### 14. Other miscellaneous amendments.-
The principal Act shall be further amended in the manner specified in the Schedule: Provided that the amendments specified in the Schedule relating to section 2 and to the sections contained in Part III and Part IIIA of the principal Act shall not apply to a banking company the winding up of which commenced before the 1st day of April, 1956 , and the provisions of the principal Act shall apply to such banking company as if the amendments aforesaid had not been made.
|
65bac62aab84c7eca86ec7dc | acts |
State of Jammu-Kashmir - Act
------------------------------
The Jammu and Kashmir Fire Force Act, 1967
--------------------------------------------
JAMMU & KASHMIR
India
The Jammu and Kashmir Fire Force Act, 1967
============================================
Act 22 of 1967
----------------
* Published on 15 October 1967
* Commenced on 15 October 1967
The Jammu and Kashmir Fire Force Act, 1967
Act
No. 22 of 1967
[Received the assent of the Governor on 15th October, 1967 and published in Government Gazette dated 17th October, 1967.]
An Act to provide for the maintenance of a Fire Force for the State.
Be it enacted by the Jammu and Kashmir State Legislature in the Eighteenth Year of the Republic of India as follows
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Jammu and Kashmir Fire Force Act, 1967.
(2) It extends to the whole State.
(3) [ It shall come into force in any area on such date as the Government may, by notification in the Government Gazette, appoint, and different dates may be appointed for different areas and for different provisions of this Act.]
[Enforced in the whole of the Slate except the District of Ladakh by SRO - 506 dated 28th December, 1968.]
### 2. Definitions.
- in this Act, unless the context otherwise requires,-
(a) "Director" means the Director of the Fire Force appointed under section 4 ;
(b) "fire-fighting property" includes-
(i) lands and buildings used as fire-stations ;
(ii) fire engines, equipments, tools, implements and things whatsoever used for fire-fighting;
(iii) motor vehicles and other means of transport used in connection with fire fighting; and
(iv) Uniforms and badges of rank ;
(c) "fire-station" means any post or place declared, generally or specially, by the Government to be a Fire Station ;
(d) "force" means the Jammu and Kashmir State Fire Force maintained under this Act;
(e) "officer-in-charge of a fire station" includes when the officer-in-charge of the fire-station is absent from the station or unable from illness or other cause to perform his duties, the fire officer present at the station who is next in rank to such officer;
(f) "prescribed" means prescribed by rules made under this Act.
Chapter II
------------
### 3. Maintenance of fire force.
- There shall be maintained by the Government a fire force to be called the Jammu and Kashmir State Fire Force for services in the local areas in which this Act is in force.
### 4. Appointment of Director of Fire Force.
- The Government may appoint a person to be the Director of the Fire Force.
### 5. Superintendence and control of the Force.
(1) The superintendence and control of the force shall vest in the Director and shall be carried on by him in accordance with the provisions of this Act and of any rules made thereunder.
(2) The Government may appoint such officers as it may deem fit to assist the Director in the discharge of his duties.
### 6. Appointment of members of the Force.
- The Director or such other officer of the force as the Government may authorise in this behalf shall appoint members of the force in accordance with the rules made under this Act.
### 7. Issue of certificates to members of Force.
(1) Every person shall, on appointment to the force, receive a certificate in the prescribed form under the seal of the Director oi an officer authorised in this behalf by the Government; and thereupon such person shall have the powers, functions and privileges of a member of the force, under this Act.
(2) The certificate referred to in sub-section (1) shall cease to have effect when a person named therein ceases for any reason to be a member of the force ; and on his ceasing to be such member, he shall forthwith surrender the certificate to any officer empowered to receive the same.
(3) During any term of suspension, the powers, functions and privileges vested in any member of the force shall be in abeyance, but such member shall continue to be subject to the same discipline and penalties as lie would have been if he had not been suspended.
### 8. Auxiliary Fire Force.
- Whenever it appears to the Government that it is necessary to augment the force, it may raise an auxiliary force by enrolment of volunteers for such areas and on such terms and conditions as it may deem fit.
Chapter III
Powers of the Government, the Director and Members of the Force
--------------------------------------------------------------------------------
### 9. Power of Government to make orders.
- The Government may from lime to time make such general or special orders as it thinks fit-
(a) for providing the force with such appliance and equipments as it deems proper ;
(b) for providing adequate supply of water and for securing that it shall be available for use ;
(c) for constructing or providing stations or hiring places for accommodating the members of the force and its fire-fighting appliances;
(d) for giving rewards to persons who have given timely notice of fires and to those who have rendered effective service to the force on the occasion of fires ;
(e) for the training, discipline and good conduct of the members of the force ;
(f) for the speedy attendance of members of the force with necessary appliances and equipment on the occasion of any alarm of fire ;
(g) for sending members of the force with appliances and equipment beyond the limits of any area in which this Act is in force for purposes of fire-fighting in the neighbourhood of such limits;
(h) for the employment of the members of the force in any rescue, salvage or other similar work ;
(i) for regulating and controlling the powers, duties and functions of the Director; and
(j) generally for the maintenance of the force in a due state of efficiency.
### 10. Powers of members of the Force on occasion of fire.
- On the occasion of fire in any area in which this Act is in force, any member of the force not below the rank of Divisional Fire Officer who is incharge of fire-fighting operations on the spot may-
(a) remove, or order any other member of the force to remove, any person who by his presence interferes with or impedes the operation for extinguishing the fire or for saving life or property;
(b) close any street or passage in or near which a fire is burning ;
(c) for the purpose of extinguishing fire, break into or through or pull down, any premises for the passage of house or appliances or cause them to be broken into or through or pulled down, doing as little damage as possible ;
(d) require the authority in charge of water supply in the area to regulate the water mains so to provide water at a specified pressure at the place where fire has broken out and utilise the water of any stream, cistern, well or tank or of any available source of water, public or private, for the purpose of extinguishing or limiting the spread of such fire ;
(e) exercise the same powers for dispersing an assembly of persons likely to obstruct the fire-fighting operations as if he were an officer-in-charge of a police station and as if such an assembly were an unlawful assembly and shall be entitled to the same immunities and protection as such an officer, in respect of the exercise of such powers ;
(f) generally take such measures as may appear to him to be necessary for extinguishing the fire or for the protection of life or property.
### 11. Powers of Director to make arrangements for supply of water.
- The Director may, with the previous sanction of the Government, enter into an agreement with the authority in charge of water supply in any area for securing an adequate supply of water in case of fire, on such terms as to payment or otherwise as may be specified in the agreement.
### 12. Powers of Director to enter into arrangements for assistance.
- The Director may, with the previous sanction of the Government, enter into arrangements with any person who employs and maintains personnel or equipment or both for fire-fighting purposes, to secure, on such terms as to payment or otherwise as may be provided by or under the arrangements, the provisions by that person or assistance for the purpose of dealing with fire occurring in any area in which this Act is in force.
### 13. Preventive measures.
(1) The Government may, by notification in the Government Gazette, require owners or occupiers of premises in any area or of any class of premises used for purposes which in its opinion are likely to cause a risk of fire, to take such precautions as may be specified in such notification,
(2) Where a notification has been issued under sub-section (1), it shall be lawful for the Director or any officer or class of officers of the force authorised by the Government in this behalf to direct the removal of objects or goods likely to cause a risk of fire, to a place of safety; and on failure of the owner or occupier to do so, the Director or such officer may, after giving the owner or occupier a reasonable opportunity of making representation seize, detain or remove such objects or goods.
Chapter IV
Expenditure on Maintenance of Force
---------------------------------------------------
### 14. Expenditure on the Force.
- The entire expenditure in connection with the force shall be met out of the Consolidated Fund of the State :
Provided that the Government may recover from any local authority of any area in which this Act is in force such contribution towards the cost of the portion of the Force maintained in that area as the Government may direct from time to time.
Chapter V
Acquisition of the Fire-Fighting Property
--------------------------------------------------------
### 15. Prohibition against transfer of fire-fighting property.
- No local authority of any area in which this Act is in force shall, after the commencement of this Act in that area, transfer or otherwise part with any fire-fighting property without the previous sanction of the Government.
### 16. Acquisition of fire-fighting property.
(1) If after making such inquiry and investigation as it deems necessary and after giving the local authority an opportunity to make its representations, the Government is of opinion that the standard of efficiency of the fire-fighting personnel and equipment maintained by the local authority is not adequate to meet the normal requirements of.the area, the Government may acquire the firefighting property of the local authority by publishing in the Government Gazette a notice to the effect that the Government has decided to acquire such property on payment of its market value ; a copy of such notice shall also be served on the local authority.
(2) When a notice as aforesaid is published in the Government Gazette, the property specified in such notice shall, on and from the beginning of the date on which the notice is so published, vest absolutely in the Government free from all encumbrances.
### 17. Principles and method of determining compensation.
(1) The amount of compensation payable in respect of any fire-fighting property acquired under this Act shall be the market value of such property on the date of issue of the notice referred to in section 16, that is, the price which it would have fetched in the open market if it had been sold on that date.
(2) The amount of compensation shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say,-
(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;
(b) where no such agreement can be reached, the Government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a Judge of the High Court;
(c) the Government may in any particular case nominate a person having expert knowledge as to the nature of the property acquired to assist the arbitrator and where such nomination is made, the local authority concerned may also nominate an assessor for the same purpose ;
(d) at the commencement of the proceedings before the arbitrator, the Government and the local authority shall state what in their respective opinion is a fair amount of compensation ;
(e) the arbitrator shall, after hearing the dispute make an award determining the amount of compensation which appears to him to be just; and in making the award he shall have regard to the circumstances of each case and the provisions of this section ;
(f) nothing in the [Jammu and Kashmir Arbitration Act, Samvat 2002]
[Now the Jammu and Kashmir Arbitration and Cancellation Act, 1997.]
, shall apply to arbitrations under this section.
### 18. Appeals from awards in respect of compensation.
- Where the Government or a local authority is aggrieved by an award of the arbitrator under section 17, it may within thirty days from the date of such award prefer an appeal to the High Court.
### 19. Powers of arbitrator.
- The arbitrator appointed under section 17, while holding arbitration proceedings under this Act, shall have all the powers of a Civil Court, while trying a suit under the Code of Civil Procedure, Samvat 1977, 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 ; and
(d) issuing commissions for examination of witnesses.
Chapter VI
Penalties
-------------------------
### 20. Penalty for violation of duty, etc.
- Any member of the force who-
(a) is found to be guilty of any violation of duty or wilful breach of any provision of this Act or any rule or order made thereunder, or
(b) is found to be guilty of cowardice, or
(c) withdraws from the duties of his office without permission or without having given previous notice of at least two months, or
(d) being absent on leave fails without reasonable cause to report himself for duty on the expiration of such leave, or
(e) accepts any other employment or office in contravention of the provisions of section 26,
shall be punishable with imprisonment which may extend to throe months' or with fine which may extend to an amount not exceeding three months pay of such member or with both.
### 21. Failure to give information.
- Any person who without just cause fails to communicate information in his possession regarding an outbreak of fire shall be deemed to have committed an offence punishable under the first part of section 176 of the Jammu and Kashmir State Ranbir Code, Samvat 1989.
### 22. Failure to take precaution.
- Whoever fails without reasonable cause to comply with any of the requirements specified in notification issued under sub-section (1) of section 13 or of a direction issued under sub-section (2) of that section shall be punishable with fine which may extend to five hundred rupees.
### 23. Wilfully obstructing fire-fighting operation.
- Any person who wilfully obstructs or interferes, with any member of the force who is engaged in fire-fighting operations shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
### 24. False report.
- Any person who knowingly gives or causes to be given a false report of the outbreak of a fire to any person authorised to receive such report by means of a statement, message or otherwise shall be punishable with imprisonment for three months, or with fine not exceeding five hundred rupees, or with both.
Chapter VII
General and Miscellaneous
------------------------------------------
### 25. Training Centres.
- The Government may establish and maintain one or more training centres in the State for providing course of instructions in the prevention and extinguishment of tire and may close down or re-establish any such centres.
### 26. Bar to other employment.
- No member of the force shall engage in any employment or office whatsoever other than his duties under this Act unless expressly permitted to do so by the Director.
### 27. Transfer to other areas.
- The Director, or any officer authorised by the Government in this behalf, may on the occasion of a fire or other emergency in any neighbouring area in which this Act is not in force, order the despatch of the member of the force with necessary appliances and equipments to carry on fire-fighting operations in such neighbouring area and thereupon all the provisions of this Act and the rules made thereunder shall apply to such area, during the period of fire or emergency or during such period as the Director may specify.
### 28. Employment on other duties.
- It shall be lawful for the Government or any officer authorised by it in this behalf to employ the force in any rescue, salvage or other works for which it is suitable by reason of its training, appliances and equipment.
### 29. Inquiry into origin of fire and report to [District Magistrate]
[Substituted by Act XX of 1968 for 'Magistrate'.]
.
- Where any fire has occurred within any area in which this Act is in force, the Senior most Officer in rank among the members of the force in that area shall ascertain the facts as to the origin and cause of such fire and shall make a report thereon to the [District Magistrate]
[Substituted by Act XX of 1968 for 'Magistrate'.]
having jurisdiction in the place in which such fire occurs ; and the said [District Magistrate]
[Substituted by Act XX of 1968 for 'Magistrate'.]
shall, in any case where he may deem fit, summon witnesses and take evidence in order to further ascertain such facts.
### 30. Power to obtain information.
- Any officer of the force not below the rank of officer in charge of a fire station may, for the purpose of discharging his duties under this Act, require the owner or occupier of any building or other property to supply information with respect to the character of such building or other property, the available water supplies and the means of access thereto and other material particulars, and such owner or occupier shall furnish all the information in his possession.
### 31. Power of entry.
(1) The Director or any member of the force authorised by him in this behalf may enter any of the places specified in any notification sued under section 13 for the purpose of determining whether precautions against fire required to be taken on such place have been so taken.
(2) Save as otherwise expressly provided in this Act, no claim shall lie against any person for compensation for any damage necessarily caused by any entry made under sub-section (1).
### 32. Consumption of water.
- No charge shall be made by any local authority for water consumed in fire-fighting operations by the force.
### 33. No compensation for interruption of water supply.
- No authority in charge of water supply in any area shall be liable to any claim for compensation for damage by reason of any interruption of supply of water occasioned only by compliance of such authority with the requirement specified in clause (d) of section 10.
### 34. Police Officers to aid.
- It shall be the duty of Police Officers and Home Guards Organisation of all ranks to aid the members of the force in the execution of their duties under this Act.
### 35. Information regarding outbreak of fire.
- Any person who possesses any information regarding an outbreak of fire shall communicate the same without delay to the nearest fire station.
### 36. Indemnity.
- 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 in pursuance of this Act or any rule or order made thereunder.
### 37. Power to make rules.
(1) The Government may, by notification in the Government 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-
(a) the number and grades of officers and members of the force;
(b) the manner of appointment of members of the force;
(c) the form of the certificate to be issued to the members of the force ;
(d) the condition of service of the members of force including their ranks, pay and allowances, hours of duty and leave, maintenance of discipline and removal from service;
(e) the circumstances in which and the conditions subject to which members of the force may be despatched to carry on the firefighting operations in neighbouring areas;
(f) the conditions subject to which members of the force may employed on rescue, salvage or other work ;
(g) the manner of service of notice under this Act;
(h) the procedure to be followed in arbitration proceedings under section 17;
(i) the payment of rewards to persons, not being members of the force, who render service for fire-fighting purposes;
(j) the compensation payable to members of the force in case of accidents or to their dependants in case of death while engaged on duty;
(k) for the employment of members of the force or use of any equipment outside the area or on special services and the fee payable therefor; and
(l) any other matter which is to be or may be prescribed.
|
65b92b29ab84c7eca86e87cc | acts |
State of Uttar Pradesh - Act
------------------------------
Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986
--------------------------------------------------------------------------------------------
UTTAR PRADESH
India
Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986
============================================================================================
Act 30 of 1986
----------------
* Published on 30 May 1986
* Commenced on 30 May 1986
Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986
(Act
No. 30 of 1986
)
Last Updated 27th January, 2020
[Dated 30.05.1986]
An Act to provide for the acquisition and transfer of certain textile undertakings of the Swadeshi Cotton Mills Company Limited, with a view to securing the proper management of such undertakings so as to subserve the interests of the general public by ensuring the continued manufacture, production and distribution of different varieties of cloth and yarn and thereby to give effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of article 39 of the Constitution and for matters connected therewith or incidental thereto.
Whereas the Swadeshi Cotton Mills Company Limited has, through its six textile undertakings, been engaged in the manufacture and production of different varieties of cloth and yarn;
And Whereas the management of the said textile undertakings was taken over by the Central Government under section 18AA of the Industries (Development and Regulation) Act, 1951(65 of 1951);
And Whereas large sums of money have been invested with a view to making the said textile undertakings viable;
And Whereas further investment of very large sums of money is necessary for the purpose of securing the optimum utilisation of the available facilities for the manufacture, production and distribution of cloth and yarn by the said textile undertakings of the Company;
And Whereas such investment is also necessary for securing the continued employment of the workmen employed in the said textile undertakings;
And Whereas it is necessary in the public interest to acquire the said textile undertakings of the Swadeshi Cotton Mills Company Limited to ensure that the interests of the general public are served by the continuance by the said undertakings of the Company of the manufacture, production and distribution of different varieties of cloth and yarn which are vital to the needs of the country;
And Whereas such acquisition is for giving effect to the policy of the State towards securing the principles specified in clauses (a) and (b) of article 39 of the Constitution;
Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:-
Chapter I
Preliminary
--------------------------
### 1. Short title and commencement.
(1) This Act may be called the Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986.
(2) The provisions of sections 27 and 28 shall come into force at once, and the remaining provisions of this Act shall be deemed to have come into force on the 1st day of April, 1985.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "appointed day" means the 1st day of April, 1985;
(b) "Commissioner" means the Commissioner of Payments appointed under section 15;
(c) "Company" means the Swadeshi Cotton Mills Company Limited, Kanpur, a company within the meaning of the Companies Act, 1956 (
1 of 1956
), and having its registered office at Swadeshi House, Civil Lines, Kanpur, in the State of Uttar Pradesh;
(d) "date of taking over" means the date on which the management of the textile undertakings of the Company was taken over by the Central Government by virtue of the order of the Government of India in the late Ministry of Industrial Development No. S.O. 265(E), dated the 13th April, 1978. made under clause (a) of sub-section (1) of section 18-AA of the Industries (Development and Regulation) Act, 1951(65 of 1951);
(e) "National Textile Corporation" means the National Textile Corporation Limited, a company formed and registered under the Companies Act, 1956 (
1 of 1956
);
(f "notification" means a notification published in the Official Gazette;
(g) "Ordinance" means the Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Ordinance, 1986 (5 of 1986);
(h) "prescribed" means prescribed by rules made under this Act;
(i) "specified date," in relation to any provision of this Act, means such date as the Central Government may, by notification in the Official Gazette and in the newspapers circulating in the locality in which the registered office of the Company is situated, specify for the purposes of that provision and different dates may be specified for different provisions of this Act;
(j) "Subsidiary Textile Corporation" means a textile corporation formed by the National Textile Corporation as its subsidiary;
(k) "textile undertakings" means the six textile undertakings of the Company specified below:-
(i) the Swadeshi Cotton Mills, Kanpur;
(ii) the Swadeshi Cotton Mills, Pondicherry;
(iii) the Swadeshi Cotton Mills, Naini;
(iv) the Swadeshi Cotton Mills, Maunath Bhanjan;
(v) the Udaipur Cotton Mills, Udaipur;
(vi) the Rae Bareli Textile Mills, Rae Bareli;
(v) words and expressions used herein and not defined but defined in the Companies Act. 1956 (1 of 1956), shall have the meanings respectively assigned to them in that Act.
Chapter II
Acquisition And Transfer of The Textile Undertakings
--------------------------------------------------------------------
### 3. Transfer and vesting of the textile undertakings.
(1) On the appointed day, every textile undertaking and the right, title and interest of the Company in relation to every such textile undertaking shall, by virtue of this Act, stand transferred to, and shall vest in, the Central Government.
(2) Every such textile undertaking which stands vested in the Central Government by virtue of sub-section (1) shall, immediately after it has so vested, stand transferred to, and vested in, the National Textile Corporation.
### 4. General effect of vesting.
(1) The textile undertakings 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 pertaining to the textile undertakings 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 Company in relation to the said undertakings, 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 have vested in the Central Government under sub-section (1) of section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage. charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of any court or other authority restricting the use of such property in any manner shall be deemed to have been withdrawn.
(3) Where any licence or other instrument had been granted at any time before the appointed day to the Company in relation to the textile undertakings by the Central Government or a State Government or any local authority, the National Textile Corporation shall, on and from such day, be deemed to be substituted in such licence or other instrument in place of the Company as if such licence or other instrument had been granted to the National Textile Corporation and that Corporation shall hold it for the remainder of the period of which the Company to which it was granted would have held it under the terms thereof.
(4) Every mortgagee of any property which has vested under this Act in the Central Government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give. 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 doubts, 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 amounts specified in section 8 and section 9, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the Central Government.
(6) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any property which has vested in the Central Government, under section 3, instituted or preferred by or against the Company is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the textile undertakings or of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the National Textile Corporation.
### 5. Company to be liable for certain prior liabilities.
(1) Every liability of the Company in relation to the textile undertakings in respect of any period prior to the appointed day shall be the liability of the Company and shall be enforceable against it and not against the Central Government of the National Textile Corporation.
(2) For the removal of doubts, it is hereby declared that,-
(a) save as otherwise expressly provided in this section or in any other section of this Act, no liability of the Company in relation to the textile undertakings, in respect of any period prior to the appointed day shall be enforceable against the Central Government or the National Textile Corporation;
(b) no award, decree or order of any court, tribunal or other authority in relation to any textile undertaking, passed after the appointed day, in respect of any matter, claim or dispute which arose before that day shall be enforceable against the Central Government or the National Textile Corporation;
(c) no liability incurred by the Company in relation to any textile undertaking before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the Central Government or the National Textile Corporation.
### 6. Transfer of any textile undertaking or part thereof to a Subsidiary Textile Corporation.
(1) The National Textile Corporation may, by order in writing, transfer any of the textile undertakings or part thereof to a Subsidiary Textile Corporation and any such transfer shall be subject to such terms and conditions as may be specified in the said order.
(2) The Subsidiary Textile Corporation shall, on and from the date of such transfer, be deemed to be substituted in the licence or other instrument referred to in sub-section (3) of section 4 in place of the National Textile Corporation as if such licence or other instrument had been granted to the Subsidiary Textile Corporation, and shall hold such licence or other instrument for the remainder of the period for which the National Textile Corporation would have held such licence or other instrument.
(3) Save as otherwise expressly provided in this Act, references in this Act to the National Textile Corporation shall, in respect of any textile undertaking or part thereof which is transferred to a Subsidiary Textile Corporation, be construed as references to the Subsidiary Textile Corporation.
### 7. Shares to be issued by National Textile Corporation for the value of assets transferred to it by the Central Government.
- An amount equal to the value of the assets of the textile undertakings transferred to, and vested in, the National Textile Corporation under sub-section (2) of section 3 shall be deemed to be the contribution made by the Central Government to the equity capital of the National Textile Corporation; and for the contribution so made, the National Textile Corporation shall issue (if necessary after amending its memorandum and articles of association) to the Central Government paid up shares, in its equity capital having a face value equal to the amount specified in section 8.
Chapter III
Payment of Amounts
-----------------------------------
### 8. Payment of amount.
- For the transfer to, and vesting in the Central Government, under section 3. of the textile undertakings of the Company, and the right, title and interest of the Company in relation to such undertakings, there shall be given by the Central Government to the Company in cash and in the manner specified in Chapter VI, an amount of rupees twenty-four crores and thirty-two lakhs.
### 9. Payment of further amounts.
(1) For the deprivation of the Company of the management of the textile undertakings, there shall be given by the Central Government to the Company, in cash, an amount calculated at the rate of rupees ten thousand per annum for the period commencing on the date on which the management of the textile undertakings of the Company was taken over in pursuance of the order made by the Central Government under section 18AA of the Industries (Development and Regulation) Act, 1951 (65 of 1951) and ending on the appointed day.
(2) In consideration of the retrospective operation of the provisions of sections 3 and 4, there shall also be given by the Central Government to the Company, in cash, an amount calculated at the rate of rupees ten thousand per annum for the period commencing on the appointed day and ending on the date on which the Ordinance was promulgated.
(3) The amount specified in section 8 and the amounts determined in accordance with the provisions of sub-sections (1) and (2) shall carry simple interest at the rate of four per cent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amounts is made by the Central Government to the Commissioner.
(4) The amounts determined in accordance with the provisions of sub-sections (1), (2) and (3) shall be given by the Central Government to the Company in addition to the amount specified in section 8.
(5) For the removal of doubts, it is hereby declared that the liabilities of the Company in relation to the textile undertakings which have vested in the Central Government under section 3 shall be discharged from the amount referred to in section 8 and also from the amounts determined under sub-sections (1), (2) and (3), in accordance with the rights and interests of the creditors of the Company.
Chapter IV
Management, Etc., of The Textile Undertakings
-------------------------------------------------------------
### 10. Management, etc., of the textile undertakings.
- The National Textile Corporation or any person which that 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 a textile undertaking, the right, title and interest of the Company in relation to which have vested in that Corporation under sub-section (2) of section 3, and do all such things as the Company is authorised to exercise and do.
### 10A. [ Special provision for disposal of assets of the textile undertakings in certain circumstances.
[Inserted by Act 40 of 1995, s. 3 (w.e.f. 27-6-1995).]
- If the National Textile Corporation considers it necessary or expedient for the better management, modernisation, restructuring or revival of a textile undertaking so to do, it may, with the previous sanction of the Central Government, transfer, mortgage, sell or otherwise dispose of any land. plant, machinery or any other assets of any of the textile undertakings:
Provided that the proceeds of no such transfer, mortgage, sale or disposal shall be utilised for any purpose other than the purpose for which the sanction of the Central Government has been obtained.]
### 11. Duty of persons in charge of management of the textile undertakings to deliver all assets, etc.
- On the vesting of a textile undertaking in the National Textile Corporation, all persons in charge of the management of a textile undertaking immediately before such vesting shall be bound to deliver to the National Textile Corporation, all assets, books of account, registers or other documents in their custody relating to the textile undertaking.
Chapter V
Provisions Relating To Employees of The Textile Undertakings
---------------------------------------------------------------------------
### 12. Continuance of employees of the textile undertakings.
(1) Every person who has been. immediately before the appointed day, employed by the Company in relation to a textile undertaking. shall become, on and from the appointed day, an employee of the National Textile Corporation and shall hold office or service in that Corporation with the same rights and privileges as to pension, gratuity and other like matters as would have been admissible to him if the rights in relation to such textile undertaking had not been transferred to, and vested in, the National Textile Corporation, and shall continue to do so unless and until his employment in that Corporation is duly terminated or until his remuneration, terms and conditions of employment are duly altered by that Corporation.
(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1974), or in any other law for the time being in force, the transfer of the services of any officer or other person employed in a textile undertaking to the National Textile Corporation shall not entitle such officer or other 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.
### 13. Provident and other funds.
(1) Where the Company has established a provident fund. superannuation, welfare or other fund for the benefit of the persons employed in a textile undertaking, the moneys relatable to the officers and other employees whose services have been transferred by or under this Act to the National Textile Corporation shall, out of the moneys standing, on the appointed day, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to and vest in. the National Textile Corporation.
(2) The moneys which stand transferred under sub-section (1) to the National Textile Corporation. shall be dealt with by that Corporation in such manner as may, be prescribed.
### 14. Transfer of employees to a Subsidiary Textile Corporation.
- Where any textile undertaking or any part thereof is transferred under this Act to a Subsidiary Textile Corporation, every person referred to in section 12 shall, on and from the date of such transfer, become an employee of the Subsidiary Textile Corporation, and the provisions of sections 12 and 13 shall apply to such employee of the National Textile Corporation as if references in the said sections to the National Textile Corporation were references to the Subsidiary Textile Corporation.
Chapter VI
Commissioner of Payments
----------------------------------------
### 15. Appointment of Commissioner of Payments.
(1) The Central Government shall, for the purpose of disbursing the amounts payable under sections 8 and 9 to the Company, by notification. appoint a Commissioner of Payments.
(2) The Central 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 also to 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 of the powers exercisable by the Commissioner 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 India.
### 16. Payment by the Central Government to the Commissioner.
(1) The Central Government shall, within thirty days from the specified date pay in cash to the Commissioner, for payment to the Company, an amount equal to the amount specified in section 8 and the amounts payable to the Company under section 9.
(2) A deposit account shall be opened by the Central Government in favour of the Commissioner in the Public Account of India, and every amount paid under this Act to the Commissioner shall be deposited by him to the credit of the said deposit account, and the said deposit account shall be operated by the Commissioner.
(3) The interests accruing on the amount standing to the credit of the deposit account referred to in sub-section (2) shall ensure to the benefit of the Company.
### 17. Certain powers of the National Textile Corporation.
(1) The National Textile Corporation shall be entitled to receive, up to the specified date, to the exclusion of all other persons, any money due to a textile undertaking, realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day.
(2) The National Textile Corporation may make a claim to the Commissioner with regard to every payment made by it as the authorised person in relation to a textile undertaking after the appointed day but before the date on which the Ordinance was promulgated for discharging any liability of the Company in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching, under this Act, to the matter in relation to which such liability has been discharged by the authorised person.
(3) Save as otherwise provided in this Act, the liabilities in relation to a textile undertaking in respect of any period prior to the appointed day which have not been discharged by the authorised person shall be the liabilities of the Company.
Explanation. - For the purposes of this section, "authorised person" means the person authorised to take over the management of any textile undertaking in pursuance of the order of the Government of India in the late Ministry of Industrial Development No. S.O. 265(E) , dated the 13th April, 1978, issued under clause (a) of sub-section (1) of section 18AA of the Industries (Development and Regulation) Act. 1951 (65 of 1951).
### 18. Claims to be made to the Commissioner.
- Every person having a claim against the Company in relation to the textile undertakings with regard to any of the matters specified in the Schedule 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.
### 19. Priorities of claims.
- The claims arising out of matters specified in the 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 Category III and so on;
(b) the claims specified in each of the categories, 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; and
(c) the question of discharging any 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.
### 20. Examination of claims.
(1) On receipt of the claims made under section 18, the Commissioner shall arrange the claims in the order of priorities specified in the Schedule and examine the same in accordance with such order.
(2) If on examination of the claims against the Company, the Commissioner is of the opinion that the amounts paid to him under this Act for payment to such Company are not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine any claim in respect of such lower category.
### 21. Admission or rejection of claims.
(1) After examining the claims against the Company with reference to the priorities set out in the Schedule, the Commissioner shall fix a date on or before which every claimant shall file the proof of his claim.
(2) Not less than fourteen days's notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the English language having circulation in the major part of the country and in one issue of any daily newspaper in such 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 period specified in the advertisement.
(3) Every claimant who fails to file the proof of his claim within the period specified by the Commissioner shall be excluded from the disbursements made by the Commissioner.
(4) The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the Company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, by order, 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 (5 of 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 affidavit;
(d) the issuing of any commission for the examination of witnesses.
(6) Any 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 1974).
(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 registered office of the Company is situated:
Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner. such appeal shall lie to the High Court of Allahabad and such appeal shall be heard and disposed of by not less than two Judges of that High Court.
### 22. Disbursement of money by the Commissioner to claimants.
(1) After admitting a claim against the Company under this Act, the amount due in respect of such claim shall be paid by the Commissioner to the person or persons to whom such amount is due and on such payment, the liability of the Company in respect of such claim shall stand discharged.
(2) If, out of the moneys paid to him in relation to the textile undertakings, there is a balance left after meeting the liabilities as specified in the Schedule, the Commissioner shall disburse such balance to the Company.
### 23. Undisbursed or unclaimed amount to be deposited with the general revenue account.
- Any money paid to the Commissioner which remains un-disbursed or unclaimed on the date immediately preceding the date on which the office of the Commissioner is finally wound up, shall be transferred by the Commissioner before his office is finally wound up, to the general revenue account of the Central Government, but a claim to any money so transferred may be preferred to the Central Government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, if any, for payment of the claim being treated as an order for the refund of revenue.
Chapter VII
Miscellaneous
------------------------------
### 24. 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.
### 25. Assumption of liability.
(1) Where any liability of the Company in relation to any textile undertaking arising out of any item specified in Part I of the Schedule is not discharged fully by the Commissioner out of the amounts paid to him under this Act, the Commissioner shall intimate in writing to the Central Government the extent of the liability which remains undischarged and that liability shall be assumed by the Central Government.
(2) The Central Government may, by order, direct the National Textile Corporation to take over the liability assumed by the Central Government under sub-section (1), and on receipt of such direction, it shall be the duty of that Corporation to discharge such liability.
### 26. Contracts to cease to have effect unless ratified by National Textile Corporation.
- Every contract, entered into by the Company in relation to any textile undertaking which has vested in the National Textile Corporation under sub-section (2) of section 3, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of a period of one hundred and eighty days from the date on which the Ordinance was promulgated, cease to have effect unless such contract is, before the expiry of that period, ratified in writing by the National Textile Corporation, and in ratifying such contract, the National Textile Corporation may make such alterations or modifications therein as it may think fit:
Provided that the National Textile Corporation shall not omit to ratify a contract and shall not make any alteration or modification in a contract-
(a) unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the textile undertaking concerned, and
(b) except after giving 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.
### 27. Penalties.
- Any person who,-
(a) having in his possession, custody or control any property forming part of any of the textile undertakings, wrongfully withholds such property from the National Textile Corporation; or
(b) wrongfully obtains possession of, or retains any property forming part of any of the textile undertakings; or
(c) wilfully withholds or fails to furnish to the National Textile Corporation or any person or body of persons specified by that Corporation, any document or inventory relating to any of the textile undertakings which may be in his possession, custody or control; or
(d) wilfully fails to deliver to the National Textile Corporation any inventory or property and assets forming part of any of the textile undertakings; or
(e) fails to deliver to the National Textile Corporation or any person or body of persons specified by that Corporation, any assets, books of account, registers or other documents in his possession. custody or control relating to any of the textile undertakings; or
(f) wrongfully removes or destroys any property forming part of any of the textile undertakings or prefers any claim under this Act which he knows or has reason to believe to be false or grossly inaccurate.
shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees.
### 28. 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 preceded 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 office 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 anybody corporate and includes a firm or other association of individuals; and
(b) "director" , in relation to a firm, means a partner in the firm.
### 29. Protection of action taken in good faith.
(1) No suit, prosecution or other legal proceeding shall lie against the Central Government or any officer of, or other person authorised by, that Government or the National Textile Corporation or any Subsidiary Textile Corporation or any officer of, or other person authorised by, such Corporation 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 officer of, or other person authorised by, that Government, or the National Textile Corporation or any Subsidiary Textile Corporation or any officer of, or other person authorised by, such Corporation 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.
### 30. Delegation of powers.
(1) The Central Government may by notification, direct that all or any of the powers exercisable by it under this Act, other than the powers conferred by this section and sections 31 and 32, may also be exercised by such 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 Central Government.
### 31. 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 powers, 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) the manner in which the moneys in any provident fund or other fund, referred to in sub-section (2) of section 13 shall be dealt with;
(c) any other matter which is required to be, or may be, prescribed.
(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.
### 32. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the 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 date on which the Ordinance was promulgated.
### 33. Repeal and saving.
(1) The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Ordinance, 1986 (5 of 1986), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.
The Schedule
[See sections 18, 19, 20 (1) , 21 (1), 22 (2) and 25 (1)]
Order of Priorities For The Discharge of Liabilities of The Company
Part I – Category I
---------------------
Employees' dues on account of unpaid salaries, wages, provident fund, Employees' State Insurance contribution or premiums relating to the Life Insurance Corporation of India and any other amounts due to employees in respect of any period whether before or after the date of taking over of the textile undertakings.
Category II
Secured loans obtained from nationalised banks and public financial institutions, other than the National Textile Corporation, in respect of any period whether before or after the date of taking over of the textile undertakings.
Category III
Any credit availed of for trade or manufacturing purposes during the post-take over management period.
Category IV
Revenue, taxes, cesses, rate or other dues to the Central Government, State Government and local authorities for the period after the date of taking over of the textile undertakings.
Part II – Category V
----------------------
Revenue, taxes, cesses, rate or other dues to the Central Government, State Government and local authorities or State Electricity Boards for the pre-take over management period.
Category VI
Any credit availed of for trade or manufacturing purposes during the pre-take over management period.
|
65ba8b9dab84c7eca86ec00d | acts |
Union of India - Act
----------------------
The Information Technology (Use Of Electronic Records And Digital Signatures) Rules, 2004
-------------------------------------------------------------------------------------------
UNION OF INDIA
India
The Information Technology (Use Of Electronic Records And Digital Signatures) Rules, 2004
===========================================================================================
Rule THE-INFORMATION-TECHNOLOGY-USE-OF-ELECTRONIC-RECORDS-AND-DIGITAL-SIGNATURES-RULES-2004 of 2004
-----------------------------------------------------------------------------------------------------
* Published on 6 September 2004
* Commenced on 6 September 2004
The Information Technology (Use Of Electronic Records And Digital Signatures) Rules, 2004
Published Vide G.S.R. 582(E) , dated 6-9-2004, published vide Notification Gazette of India, Extra, Part 2, Section 3(i), dated 10-9-2004
### 13. /641
In exercise of the powers conferred by clauses (b) and (c) of sub-section (2) of section 87, read with sub-sections (1) and (2) of section 6 of the Information Technology Act, 2000 (
21 of 2000
), the Central Government hereby makes the following rules, namely :-
### 1. Short title and commencement
.-(1) These rules may be called The Information Technology (Use of Electronic Records and Digital Signatures) Rules, 2004.
(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 Information Technology Act, 2000 (
21 of 2000
);
(b) "electronic record "means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche;
(c) words and expressions used herein and not defined but defined in the Act shall have the meaning respectively assigned to them in the Act.
### 3. Filing of form, application or any other document
.-Any form, application or any other document referred to in clause (a) of sub-section (1) of section 6 of the Act may be filed with any office, authority, body or agency owned or controlled by the appropriate Government using the software specified by it and such office, authority, body or agency shall, while generating such software, take into account the following features of the electronic record, namely:-
(a) life time;
(b) preservability;
(c) accessibility;
(d) readability;
(e) comprehensibility in respect of linked information;
(f) evidentiary value in terms of authenticity and integrity;
(g) controlled destructibility; and
(h) augmentability.
### 4. Issue or grant of any licence, permit, sanction or approval
.-Any licence, permit, sanction or approval whatever name called referred to in clause (b) of sub-section (1) of section 6 of the Act may be issued or granted by using the software specified under rule 3.
### 5. Payment and receipt of fee or charges
.-The payment of receipt of any fee or charges for filing, creation or issue of any electronic record under clause (a) of sub-section (2) of section 6 of the Act may be made in a cheque in the electronic form.
Explanation .-For the purposes of this rule, "a cheque in the electronic form "has the meaning assigned to it in clause (a) of Explanation 1 to section 6 of the Negotiable Instrument Act, 1881 (
26 of 1881
).
|
65ba2100ab84c7eca86eaac5 | acts |
State of Maharashtra - Act
----------------------------
The Maharashtra Purchase Tax On Sugarcane Act, 1962
-----------------------------------------------------
MAHARASHTRA
India
The Maharashtra Purchase Tax On Sugarcane Act, 1962
=====================================================
Act 9 of 1962
---------------
* Published on 18 April 1962
* Commenced on 18 April 1962
The Maharashtra Purchase Tax On Sugarcane Act, 1962
Maharashtra Act
No. 9 of 1962
[18th April, 1962]
For Statement of Objects and Reasons see Maharashtra Government Gazette, 1962, Part V, page 18.
An Act to provide for the levy and collection of tax on the purchase of sugarcane for use in [the manufacture or production of sugar (including khandsari sugar)]
[These words and brackets were substituted for the words 'the manufacture of sugar' by Maharashtra 60 of 1974, Sections 2 and 3.]
.
Whereas, it is expedient to provide for the levy and collection of tax on the purchase of sugarcane for use in [the manufacture or production of sugar (including khandsari sugar)]
[These words and brackets were substituted for the words 'the manufacture of sugar' by Maharashtra 60 of 1974, Sections 2 and 3.]
and for matters connected, with the purposes aforesaid; It is hereby enacted in the Thirteenth Year of the Republic of India as follows:-
### 1. Short title and extent.
(1) This Act may be called the Maharashtra Purchase Tax on Sugarcane Act, 1962.
(2) It extends to the whole of the State of Maharashtra.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "Commissioner" means the Commissioner of Purchase Tax (Sugarcane) appointed under this Act;
(b) "factory" means any premises (including the precincts thereof), wherein twenty or more workers are working and in which, or in any part of which, any manufacturing process connected with the production of sugar by means of vacuum pans is being carried on, or is ordinarily carried on, with the aid of power;
(c) "licence" means a licence granted or renewed under this Act;
(d) ["occupier" of a factory or of a unit]
[These words were substituted for words 'occupier of a factory' by Maharashtra 60 of 1974, Section 4(a) .]
means the person who has ultimate control over the [affairs of the factory or the unit]
[These words were substituted for words 'affairs of a factory' by Maharashtra 60 of 1974.]
and where the said affairs are entrusted to a managing agent, such agent shall be [deemed to be the occupier of the factory or of the unit, as the case may be;]
[These words were substituted for the words 'deemed to be occupier of the factory' by Maharashtra 60 of 1974.]
and the term includes also any person appointed by the occupier to act as a purchasing agent;
(e) "person" includes any company or association or body of individuals whether incorporated or not, and also a Hindu undivided family, a firm and a local authority;
(f) "prescribed" means prescribed by rules made under this Act;
[(f-a) \* \* \* \* \* \*] [[Clause (f-a) was deleted by Maharashtra 20 of 2002, Section 10, (w.e.f. 1-5-2002).
Deleted Clause (f-a) reads as follows:-
(f-a) 'purchase' means a purchase of sugarcane made within the State for cash or deferred payment or other valuable consideration and includes any supply by a shareholder to a co-operative society or limited company for cash, deferred payment or other valuable consideration;]]
[(f-b) \* \* \* \* \* \*] [Clauses (f-b) was deleted by Maharashtra 20 of 2002, Section 10 (w.e.f. 1-5-2002).
Deleted clause (f-b) reads as follows:
(f-b) 'purchase price' means aggregate of the following sums,-
[(i) the amount of valuable consideration paid or payable by the occupier for purchase of sugarcane made by the factory or by the unit;
(ii) the amount charged towards transport of sugarcane (whether separately charged or not); and
(iii) any other sum [spent' for anything done in respect of the sugarcane at the time of or before delivery thereof;]]]
(g) [ "Sugar" includes "Khandsari sugar" and "sugar" and "Khandsari sugar" shall have the meanings assigned to them in [the Central Excise Tarif Act, 1985;]
[Clause (g) was substituted by Maharashtra 60 of 1974, Section 4(d).]
]
[(g-a) \* \* \* \* \* \*] [[Clause (g-a) was deleted by Maharashtra 20 of 2002, Section 10 (w.e.f. 1-5-2002).
Deleted clause (g-a) reads as follows:
(g-a) 'turnover of purchases' means the aggregate to the amounts of purchase price paid and payable by an occupier during a given period;)]]
(h) [ "unit" means a unit engaged or ordinarily engaged in the manufacture or production of khandsari sugar and which is capable of handling or processing sugarcane juice produced with the aid of a crusher driven by power.]
[Clause (h) was added by Maharashtra 60 of 1974, Section 4(e).]
(i) [ "year" means the year starting from the 1st day of October and ending on the 30th day of September next following.]
[Clause (i) was added by Maharashtra 15 of 2011, Section 3 dated 21.4.2011.]
### 3. [ Levy of purchase tax. [[Section 3 substituted by Maharashtra 20 of 2002, Section 11, (w.e.f. 1.5.2002).
Substituted section 3 reads as follows:-3.
### 3. Levy of Purchase Tax. (1) There shall be levied and collected a tax on the turnover of purchase of sugarcane, such sugarcane being purchased for the purpose of the use thereof in the manufacture or production of sugar in a factory or a unit.
(2) The tax under sub-section (1) shall be levied on the turnover of purchase of sugarcane at such rate as may be specified by the State Government by notification in the Official Gazette, and different rates may be specified for sugarcane purchased for the manufacture or production of sugar in a factory and for the manufacture or production of sugar in a unit. Different rates may also be specified for sugarcane purchased for the manufacture or production of Khandsari sugar in units situated in areas, which are declared by the State Government, from time to time, by notification in the Official Gazette, as developed areas and undeveloped areas respectively. But in no case, the rate or rates so specified shall exceed ten per cent,
(3) The tax levied under the foregoing sub-sections shall be paid by the occupier at such intervals and in such manner as may be prescribed.]]]
(1) There shall be levied and collected a tax on the purchase of sugarcane being purchased for use in the manufacture or production of sugar in a factory or a unit.
(2) The tax under sub-section (1) shall be levied at such rate per kilogram of sugarcane purchased for the purpose aforesaid, as may be specified by the State Government, by notification in the Official Gazette, and different rates may be specified for the sugarcane purchased for the manufacture or production of sugar in a factory and of Khandsari sugar in a unit:
Provided that, different rates may also be specified for sugarcane purchased for the manufacture or production of Khandsari sugar in units situated in areas, which are declared by the State Government, from time to time, by notification in the Official Gazette, as developed areas or undeveloped areas, so however that the rate or rates so specified shall not exceed four paise per kilogram of sugarcane so purchased.
(3) For the purpose of the levy of tax, as provided in sub-section (2), there shall be deducted from the gross weight of sugarcane so purchased, such portion thereof representing the average weight of the top of the sugarcane plant consisting of pith devoid of any sugar content and leaves and other trash usually present in the sugarcane, as may be prescribed; and the tax shall be levied only on the remaining weight of the sugarcane after such deduction has been made.
(4) The tax levied under the foregoing sub-sections shall be paid by the occupier of the factory or of the unit; as the case may be, at such intervals and in such manner, as in hereinafter provided.]
### 3A. [ Application of certain provisions of Maharashtra Value Added Tax Act, 2002 and rules made thereunder.
[Section 3A was inserted by Maharashtra 15 of 2011, Section 4, dated 21.4.2011.]
- Subject to the provisions of this Act and the rules made thereunder, the provisions of the Maharashtra Value Added Tax Act, 2002 and the rules made thereunder, so far as they relate to the electronic filing of returns and electronic payment of tax, or any amount payable under this Act, shall mutatis mutandis apply for the purposes of this Act.]
### 4. Taxing and licensing authorities. (1) For carrying into effect the provisions of this Act, the State Government shall appoint an officer to be called the Commissioner of Purchase Tax (Sugarcane); and may appoint one or more officers to assist such Commissioner in the performance of his functions under this Act, and give them such designations as may be prescribed.
(2) Subject to any conditions and restrictions which the State Government may be general or special order impose, the officers so appointed shall, within, their jurisdiction, exercise such of the powers and perform such of the duties of the Commissioner under this Act, as the Commissioner may by order in writing delegate to them either generally, or as respects any particular matter or class of matters.
### 5. Licence for purchasing sugarcane for use [in manufacture, or production of sugar]
[These words were substituted for the words in the, manufacture' by Maharashtra 60 of 1974, Section 6(b) .]
.
(1) Except under and in accordance with the conditions of a licence issued by the Commissioner, [no person shall purchase any sugarcane for the purpose of the use thereof in the manufacture or production of sugar in a factory or a unit:
Provided that, any person who is an occupier of a unit of the date of commencement of the Maharashtra Purchase Tax on Sugarcane (Second Amendment) Act, 1974, may obtain such licence, within a period of thirty days from the said date.]
[This portion was substituted for the portion beginning with 'no person shall' and ending with 'in a factory' by Maharashtra 60 of 1974, Section 6(a) .]
(2) An application for a licence shall be in such form, and made in such manner, and shall be accompanied by such fee, [not exceeding five rupees]
[These words were inserted by Maharashtra 9 of 1965, Section 2.]
, as may be prescribed.
(3) Subject to the other provisions of the section, the Commissioner shall, after due verification of any application received for a licence, issue the licence:
Provided that, the Commissioner may, after giving the applicant a reasonable opportunity of being heard, refuse to issue a licence to any person, if the Commissioner has already cancelled, or refused to renew, a licence previously granted to such person.
(4) A licence issued under this section shall be subject to such conditions as may be prescribed and shall be valid up to and inclusive of the 30th day of [September]
[This word was substituted for the word 'June' by Maharashtra 15 of 2011, Section 5, dated 21.4.2011.]
next following, and shall subject to the other provisions of this section [and on payment of such fee, not exceeding two rupees, as may be prescribed]
[These words were inserted by Maharashtra 9 of 1965, Section 2.]
be renewable in the prescribed manner.
(5) If a licensee commits a breach of any of the conditions of his licence, the Commissioner may, after giving him a reasonable opportunity of being heard, cancel or refuse to renew his licence.
(6) Any person aggrieved by an order of the Commissioner cancelling, or refusing to issue or renew any licence, may within three months from the date of such order appeal to the State Government, who may confirm, modify or rescind such order.
### 6. Returns.
- [(1) Every occupier liable to pay tax under this Act shall, within thirty days after the end of every month to which the return relates, submit a monthly return in the prescribed form to the Commissioner. Every such return shall show [in kilograms the total quantity of]
[Sub-section (1) was substituted by Maharashtra 16 of 1995, Section 49.]
sugarcane purchased by him for use in the manufacture or production of sugar in a factory or unit, as the case may be, during the preceding month, together with such further information as may be prescribed.]
(2) Every return shall be accompanied by a receipt for payment on government account into a Government Treasury or the Reserve Bank of India of the [the amount payable as prescribed]
[These words were substituted for the words 'full amount of tax leviable' by Maharashtra 15 of 2011, Section 6(1) , dated 21.4.2011.]
under section 3 for the period to which the return relates.
(3) Every return shall be verified in the manner prescribed.
(4) [ Where a return is submitted to the Commissioner without making the payment of the amount of tax as prescribed under section 3, the amount or the remaining unpaid amount, shall be paid by the occupier into a Government Treasury or the Reserve Bank of India on or before the date specified in the notice served by the Commissioner for this purpose, being a date not later than ten days from the date of service of the notice.]
[Sub-section (4) was substituted by Maharashtra 15 of 2011, s.6 (2), dated 21.4.2011.]
### 6A. [ Special provisions for transitional accounting year.
[Section 6A was inserted by Maharashtra 15 of 2011, Section 7, dated 21.4.2011.]
(1) Notwithstanding anything contained in this Act or the rules made and notifications issued thereunder, the assessment of tax and payment of tax in respect of the transitional accounting year shall be made in such manner as may be prescribed.
Explanation. - For the purpose of this sub-section, the period beginning on the 1st day of April 2010 and ending on the 30th day of September 2011 shall be deemed to be the "transitional accounting year" for levy and collection of tax.
(2) If any difficulty arises in giving effect to the provisions of this section, during the period of three years from the date of commencement of the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2011, the State Government may, as occasion arises, by an order published in the Official Gazette, 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.
(3) Every order made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature.]
### 7. [ Assessment and collection of tax. [[Section 7 was substituted by Maharashtra 13 of 2004, Section 40, (w.e.f. 1.7.2004).
Substituted section 7 reads as follows-
### 7. Assessment and Collection of tax. (1) The Commissioner shall assess, by a single order of assessment, the tax payable in respect of the period In any year to which all the returns submitted under section 6 collectively relate and If the amount has not already been paid as aforesaid, he shall cause a notice to be served upon the person concerned requiring him to pay the amount assessed, within 10 days of the service of the notice.
Explanation. - For the purposes of this section, the expression 'year' means the 'co-operative year' as defined clause (10) of section 2 of the Maharashtra Co-operative Societies Act, 1960].
(2) If the occupier fails to submit in due time the return referred to in section 6, the Commissioner shall after giving him a reasonable opportunity of being heard assess to the best of his Judgment the amount of tax payable and the provisions of sub-section (1) in respect of notice shall apply as if such assessment has been made on the basis of a return furnished by such person.]]
(1) The amount of tax due from an occupier liable to pay tax shall be assessed separately for each year:
Provided that, the Commissioner may, subject to such conditions as may be prescribed and for reasons to be recorded in writing, assess the tax due from any occupier for a part of a year:
Provided further that, when an occupier has failed to furnish, by the prescribed date, any return relating to any period in any year, the Commissioner may, if he thinks fit, assess the tax due from such occupier separately for different parts of such year.
(2) The Commissioner on being satisfied that, the returns furnished by the occupier in respect of any period are correct and complete, he shall assess the amount of tax due from the occupier on the basis of such returns:
Provided that, the Commissioner on not being satisfied that the returns furnished by the occupier in respect of any period are correct and complete, and he is of the opinion that it is necessary to require the presence of the occupier or the production of further evidence in that respect, he shall serve on such occupier, in the prescribed manner, a notice requiring such occupier on a date and at a place specified in the notice, either to attend and produce or cause to be produced all the evidence on which such occupier has relied 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 produced, assess the amount of tax due from the occupier:
Provided further that, if the occupier fails to comply with any of the directions or requirements specified in the notice issued under the above proviso, the Commissioner may, assess the amount of tax due from the occupier on the basis of the record available before him.
(3) Where all the returns are filed by the occupier for any year starting on or after the 1st April, 2004 within one month from the end of the year to which such returns relate, no order of assessment under the provisos to sub-section (2) in respect of that year shall be made after the expiry of three 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 occupier:
Provided that, in the case of returns pertaining to the years ending on or before the 31st March, 2004, and filed on or before the 30th September, 2004, no order of assessment shall be made under the provisos to sub-section (2) on or after the 1st April, 2007:
Provided further that, where a fresh assessment has to be made to give effect to any finding or direction contained in any order made under this Act, or to any order of the Court, such assessment shall be made within thirty-six months from the date of communication to the Commissioner of such finding, direction or order, as the case may be:
Provided also that, in computing the period specified in the second proviso, the time during which the assessment remained stayed by or under the order of the Court, shall stand excluded.
(4) In any case where it comes to the notice of the Commissioner that, any occupier has not furnished returns in respect of any period by the prescribed date, the Commissioner may, at any time, before the expiry of the period of eight years from the end of the year to which such period relates, after giving such defaulting occupier a reasonable opportunity of being heard in that matter, assess, to the best of his judgment, the tax, if any, due from such occupier.
Explanation. - [\* \* \*]
[Explanation Deleted by Maharashtra 15 of 2011, Section 8, dated 21.4.2011.]
### 7A. [ Penalty.
[Section 7A was substituted by Maharashtra 34 of 1976, Section 4.]
(1) If an occupier, without reasonable cause, fails to submit the return as required by sub-section (1) of section 6, the Commissioner may, after giving him a reasonable opportunity of being heard, by an order in writing, impose upon him by way of penalty, in addition to the amount of tax and interest, a sum not exceeding twice the amount of tax assessed under section 7.
(2) [ In a case where it is noticed that, any occupier has failed to obtain a licence or renew the licence as provided under section 5, and has berm carrying on the operation of manufacturing or producing of sugar in the factory or unit, the Commissioner may, after serving on such occupier, a notice in writing and giving him a reasonable opportunity of being heard, by order in writing, impose upon such occupier in addition to the tax, interest and penalty which may become payable under subsection (1), also an additional penalty for non-obtaining or non-renewal of the licence, which shall be a sum not exceeding rupees ten thousand for each year of illegal operation without a licence.]
(3) The amount of any penalty imposed under this section shall be paid by the occupier into a Government Treasury or the Reserve sank of India within ten days of the service of a notice by the Commissioner for this purpose.
(4) The Commissioner or any appellate or revisional authority may, for reasons to be recorded, remit the whole or any part of the penalty payable by any occupier in respect of any period.
(5) 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.]
### 7B. [ Interest payable by occupier in certain cases.
[Section 7B was inserted by Maharashtra 34 of 1976, Section 5.]
- [(1) If an occupier fails to submit the return as required by sub-section (1) of section 6 or to pay the amount payable as prescribed as required by sub-section (2) of that section, he shall, in addition to the tax and the penalty, if any, pay simple interest on the amount due at the rate of one and a quarter per cent, for each month from the date immediately following the last day as prescribed till the date the occupier continues to make default in the payment of the amount due.
Explanation. - For the purposes of this sub-section, where an occupier fails to submit the return in due time, the amount of tax assessed under section 7 shall be deemed to be the amount of tax due from the occupier under sub-section (2) of section 6.]
(2) If an occupier fails to pay the amount of tax assessed under [\* \* \*]
[The words, brackets and figure 'sub-section (1) of deleted by Maharashtra 15 of 2011, Section 9 (2), dated 21.4.2011.]
section 7, or the amount of penalty imposed under section 7A, by the date specified in the notice served upon him by the Commissioner for the purpose, he shall pay simple interest on the amount of tax or penalty due at the rate of [one and a quarter per cent]
[These words were substituted for the words 'one and one half per cent' by Maharashtra 13 of 2004, Section 42(b) (w.e.f. 1.7.2004).]
. for each month from the date immediately following the date specified in the notice during the time the occupier continue to make default in the payment of the amount due.
(3) The Commissioner or any appellate or revisional authority may, for reasons to be recorded, remit the whole or any part of interest payable by any occupier in respect of any period.]
### 7C. [ Interest on amount of refund.
[Section 7C and 7D were inserted by Mall. 13 of 2004, Section 43, (w.e.f. 1.7.2004).]
- Where, in pursuance of any order passed under this Act, in respect of any period of assessment commencing on or after the 1st April 2004, refund of any tax becomes due to the occupier, he shall, subject to the rules, if any, be entitled to receive, in addition to the refund, a simple interest at the rate of six per cent per annum for the period commencing on the date next following the last date of the period of assessment to which such order relates and ending on the date of such order or for a period of eighteen months, whichever is less. The interest shall be calculated on the amount of refund due to the occupier in respect of the said period after deducting therefrom the amount of penalty and interest, if any, charged in respect of the said period and also the amount of refund, if any, adjusted towards any recovery under this Act. If, as a result of any order passed under this Act, the amount of such refund is enhanced or reduced, as the case may be, such interest shall be enhanced or reduced accordingly.
Explanation. - For the purposes of this section where the refund of tax, whether in full or in part, includes any amount of refund on any payment of tax made after the date prescribed for filing of the last return for the period of assessment, then the interest, in so far as it relates to the refund arising from such payment, shall be calculated from the date of such payment to the date of such order.
### 7D. Interest on delayed refund.
- Where an amount required to be refunded by the Commissioner to any occupier by virtue of an order issued under this Act is not so refunded to him within ninety days from the date of the order, the State Government shall, pay such occupier simple interest at the rate of six per cent, per annum on the said amount from the date immediately following the expiry of the period of ninety days from the date of such order.]
### 7E. [ Refund of excess payment of tax
[Section 7E was inserted by Maharashtra 15 of 2011, Section 10, dated 21.4.2011.]
- If any amount of tax becomes refundable to an occupier of the factory or the unit as per the return for the month of September then, the said amount shall be refunded to the said occupier within six months, from the due date prescribed for filing the return for the month of September or, as the case may be, the date on which the return for the month of September is filed, whichever is later.]
### 8. Appeal.
- Any person aggrieved by an order or assessment made [under section 7, or penalty imposed under section 7A, [or by any interest charged under section 7B.]
[This portion was substituted for the words 'or penalty levied under section 7 may, within three months from the date of the order,' by Maharashtra 49 of 1974, Section 4.]
may, within three months from the date of communication of the order,] [or, as the case may be, from the date of charging the interest,]
[These words were inserted by Man. 34 of 1976, Section 6(b) .]
apply to the prescribed appellate authority for the annulment or modification of the assessment or penalty [or interest]
[These words were inserted by Maharashtra 34 of 1976, Section 6(c) .]
and, on such application, the prescribed appellate authority may, subject to such rules of procedure as may be made in this behalf, confirm, annul or modify the assessment or penalty [or interest]
[These words were inserted by Maharashtra 34 of 1976, Section 6(c) .]
and order the refund to such person of the whole or part, as the case may be, of any amount paid.
### 9. [ Revision.
[Section 9 was substituted for the original by Maharashtra 49 of 1974, Section 5.]
(1) Subject to such rules as may be made in this behalf and for reasons to be recorded in writing, the Commissioner, or any other prescribed revisional authority, may, upon an application or of his or its own motion, revise any order (including an order in appeal) made under this Act or any rules made thereunder, by any officer appointed to assist the Commissioner:
Provided that, no application under this sub-section shall be entertained if it is not made within a period of four months" from the date of communication of the order, but any order made before the date of commencement of the Maharashtra Purchase Tax on Sugarcane (Amendment) Act, 1974, may be revised by the revisional authority of its own motion in favour of any occupier of a factory within a period of one year from the date of such commencement, although the original period of limitation therefore may have expired earlier; and any order made on or after the date of such commencement may be revised by the revisional authority on its own motion, only if a notice therefor is served on the occupier within a period of three years from the date of communication of the order and the order in revision is made within period of five years from the date of such communication:
Provided further that, before rejecting any application for revision, the revisional authority shall record the reasons for such rejection.
(2) Before any order is passed under this section, which is likely to affect any person adversely, such person shall be given a reasonable opportunity of being heard.
(3) Where a person could have appealed under section 8 and no appeal has been filed by him, no proceedings in revision under this section shall be entertained upon the application of such person.]
### 10. Court-fees.
- Notwithstanding anything contained in the Bombay Court-fees, 1959, an appeal preferred under section 8, and an application for revision made under section 9 shall bear a court-fee stamp of such value [not exceeding five rupees,]
[These words were inserted by Maharashtra 9 of 1965, Section 3.]
as may be prescribed.
### 11. Application of sections 4 and 12 of Limitation Act.
- In computing the period laid down in sections 8 and 9 the provisions of sections 4 and 12 of the Indian Limitation Act, 1908 shall, so far as may be, apply.
### 12. [Finality of assessment and penalty [and interest]
[This marginal note was substituted by Maharashtra 49 of 1974, Section 6(b) .]
and recovery of unpaid tax and penalty] [and interest]
[The words 'and interest' were substituted by Maharashtra 34 of 1976, Section 7(c) .]
. - (1) An assessment made in accordance with the provision of section 7 [and penalty imposed under section 7A]
[This portion was inserted by Maharashtra 49 of 1974, Section 6(a) .]
[or any interest charged under section 7B,]
[These words were inserted by Maharashtra 34 of 1976, Section 7(a) .]
shall, subject to sections 8 and 9, be final, and shall not be called in question in any civil court.
(2) Any tax or penalty [or interest]
[These words were inserted by Maharashtra 34 of 1976, Section 7(b) .]
recoverable under this Act and remaining unpaid may be recovered as an arrear of land revenue.
### 12A. [ Special mode of recovery.
[Sections 12A and 12B were inserted by Maharashtra 49 of 1974, Section 7.]
- 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 occupier of the factory 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 the [occupier of the factory or the unit] on whom notice has been served under [section 7 or 7A or from whom interest is due under section 7B, or]
[These words were substituted by Maharashtra 34 of 1976, Section 8(a) .]
.
(b) any person who holds or may subsequently hold money for or on account of such [occupier of the factory or the unit]
[These words were substituted for the words 'occupier of the factory' by Maharashtra 60 of 1974, Section 12.]
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 [occupier of the factory or the unit]
[These words were substituted for the words 'occupier of the factory' by Maharashtra 60 of 1974, Section 12.]
. In respect of the arrears of [tax, penalty and interest]
[These words were substituted by Maharashtra 34 of 1976, Section 8(b) .]
payable under this Act, or the whole of the money when it is equal to or less than that amount.
Explanation. - For the purposes of this section, the amount of money due to the [occupier of the factory or the unit]
[These words were substituted for the words 'occupier of the factory' by Maharashtra 60 of 1974, Section 12.]
from or money held for or on account of the [occupier of the factory or the unit]
[These words were substituted for the words 'occupier of the factory' by Maharashtra 60 of 1974, Section 12.]
by, any person shall be calculated after deducting therefrom such claims (if any) lawfully subsisting, as may have fallen due for payment by such occupier of the factory to such person.
The Commissioner may, at any time or from time to time, amend or revoke any such notice, or extend the time for making any payment in pursuance of the notice.
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 [occupier of the factory or the unit]
[These words were substituted for the words 'occupier of the factory' by Maharashtra 60 of 1974, Section 12.]
, and the receipt 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.
Any person discharging any liability to the [occupier of the factory or the unit]
[These words were substituted for the words 'occupier of the factory' by Maharashtra 60 of 1974, Section 12.]
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 the extent of the liability of the [occupier of the factory or the unit]
[These words were substituted for the words 'occupier of the factory' by Maharashtra 60 of 1974, Section 12.]
for [tax, penalty and interest]
[These words were inserted by Maharashtra 34 of 1976, Section 7(c) .]
whichever is less,
Where any person to whom a notice under this section is sent proves to the satisfaction of the Commissioner that the sum demanded or any part thereof is not due to the [occupier of the factory or the unit]
[These words were substituted for the words 'occupier of the factory' by Maharashtra 60 of 1974, Section 12.]
, or that he does not hold any money for or on account of the [occupier of the factory or the unit]
[These words were substituted for the words 'occupier of the factory' by Maharashtra 60 of 1974, Section 12.]
, then nothing contained in this section shall be deemed to require such person to pay any sum or part thereof, as the case may be to the Commissioner.
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.]
### 12B. [ Remission and exemption. [[Section 12B was substituted by Maharashtra 8 of 2003, Section 3, (w.e.f. 29-3-2003).
Prior to Substituted Section reads as follows-
### 12B. Remission of tax For the purpose of encouraging the establishment of new factorie or units, or for the purpose of overcoming any difficulties in respect of any factories or units in the initial periods of manufacture or production of sugar, the Slate Government may, by notification in the Official Gazette, remit the whole or any part of the tax payable by or under this Act, for such period or periods including any period or periods which commenced before the date of commencement of the Maharashtra Purchase Tax on Sugarcane (Amendment) Act, 1974 and subject to such conditions (if any), as it may specify in such notification.]]
- The State Government may, by notification in the Official Gazette, remit or exempt the whole or any part of the tax paid or payable by any factory or unit of such period or periods, either prospectively or retrospectively as specified in the notification,-
(a) for the purpose of encouraging the establishment of new factories or for the purpose of overcoming any difficulties faced by any factory or unit in the initial period of manufacturing; or
(b) for the purpose of overcoming problems caused by the oversupply of sugar in so far as it relates to the crushing of sugarcane; [or]
(c) for the purpose of promoting export of sugar, on the purchase of sugarcane which is used in the production of the sugar which is exported outside India by [a factory or]
[These words were substituted for the words 'a factory' by Maharashtra 8 of 2012, Section 4(2) , (w.e.f. 1.5.2012).]
.
(d) [ for the purpose of establishing a co-generation unit for generation of electricity from the products or by-products of the said factory.]
[Clause (d) was added by Maharashtra 8 of 2012, Section 4(3), (w.e.f. 1.5.2012)]
Explanation. - For the purpose of the section, "export" shall have the same meaning as assigned to it in section 5 of the Central Sales Tax Act, 1956.]
### 13. Service of notice.
- A notice under the provisions of this Act may be served by post or by delivering it or tendering it to person to whom it is addressed or his agent, or in such other manner as is prescribed.
### 14. Power to inspect and take copies of records and accounts.
(1) The Commissioner or other person authorised by him in this behalf shalt have access at all reasonable times to [any factory, unit or place of business]
[These words were substituted for the words any factory or place of business' by Maharashtra 60 of 1974, Section 10.]
of any person liable to pay tax under this Act.
(2) The Commissioner or other person authorised as aforesaid may at any time, with or without notice to such person, examine his working records and accounts and take copies of or extracts from any of the said records of accounts for purposes of testing the accuracy of any return of for informating himself as to the particulars regarding which information is required for the purposes of this Act or any rules made thereunder
(3) Where the Commissioner or person authorised proposes to examine under sub-section (2) any record or account containing the description or formulae of any trade process, the person liable to pay tax may give to the said authority, for transmission to the State Government, a written notice of objection, and thereupon that authority shall seal up the record or account pending the orders of the State Government.
### 15. Information acquired to be treated confidential.
(1) All such copies and extracts and all information acquired by the Commissioner or person authorized as aforesaid from an inspection of any such factory [unit]
[This words was inserted by Maharashtra 60 of 1974, Section 11.]
or place of business or from any return submitted under this Act, shall be treated as confidential.
(2) If, save as provided in sub-section (3) the Commissioner or the person authorised as aforesaid discloses to any other person any information which is required to be treated as confidential, he shall, on conviction be punished with imprisonment for a term which may extend to six months or with fine, or with both.
(3) Nothing in this section shall apply to the disclosure of such information in respect of the making of a false return under this Act.
### 15A. [ Publication and disclosure of information respecting occupiers of factories and units and other persons in public interest.
[Section 15A was inserted by Maharashtra 62 of 1975, Section 3.]
(1) Notwithstanding anything contained in section 15, if the State Government is of opinion that it is necessary or expedient in the public interest to publish or disclose the names of any occupiers of factories or units or other persons and any other particulars relating to any proceedings under this Act in respect of such occupiers and persons, it may publish or disclose or cause to be published or disclosed such names and particulars in such manner as it thinks fit.
(2) No publication or disclosure under this section shall be made in relation to any tax levied or penalty imposed or any conviction for any offence connected with any proceedings under this Act, until the time for presenting an appeal to the appropriate appellate authority has expired without an appeal having been presented or the appeal, if presented, has been disposed of.
Explanation. - In the case of a firm, company or other association of persons, the name of the partners of the firm, the directors, managing agents, secretaries treasurers or managers of the company, or the members of the association, as the case may be, may also be published or disclosed, if, in the opinion of the State Government, the circumstances of the case justify it.]
### 16. [ Offences and penalty.
[Section 16 was substituted for the original by Maharashtra 49 of 1974, Section 8.]
(1) Whoever-
(a) purchases sugarcane for use in the [manufacture or production of sugar in a factory or a unit] without obtaining a licence, or
(b) fails, without sufficient cause, to furnish any return as required by section 6, by the date and in the manner prescribed, or knowingly furnishes a false return.
shall, on conviction, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
(2) No prosecution for an offence against this Act shall be instituted in respect of the same facts on which a penalty has been imposed by the Commissioner under the provisions of this Act.]
### 17. Offences by companies.
(1) Where an offence under the last preceding section has been committed by a company, every person who, at the time the offence was committed, was in charge of, or was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that, nothing contained in this sub-section shall render any such person liable to any punishment under that section if he proves that the offence was committed without his knowledge and 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 the last preceding section 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 the 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.
### 17A. [ Compounding of offences.
[Section 17A was inserted by Maharashtra 49 of 1974, Section 9.]
(1) The Commissioner may, either before or after the institution of proceedings for any offence punishable under section 16, or under any rules made under this Act, accept from any person charged with such offence by way of composition of the offence a sum not exceeding two thousand rupees or double the amount of tax which would have been payable on the purchases to which the said offence relates, whichever is greater:
Provided that, where the offence relates only to a breach of any rules the sum for which the offence may be compounded shall not exceed two thousand rupees.
(2) On payment of such sum as may be determined by the Commissioner under sub-section (1) no further proceedings shall be taken against the accused person in respect of the same offence.]
### 18. [ Power to make rules.
[Section 18 was substituted by Maharashtra 19 of 1996, Section 17.]
(1) The power to make rules under this Act shall be exercisable by the State Government by notification in the Official Gazette.
(2) Without prejudice to any power to make rules elsewhere in this Act, the State Government may make rules generally to carry out the purposes of this Act; and such rules may include rules for levy of fees for any of the purposes of this Act.
(3) In making any rules, the State Government may direct that a breach thereof shall be punishable with fine not exceeding two thousand rupees, and when the offence is a continuing one, with a daily fine not exceeding one hundred rupees during the continuance of the offence.
(4) Rules made under this section shall be subject to the condition of previous publication:
Provided that if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispense with the previous publication of any rule to be made under this section.
(5) Every rule made under this section 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 successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification, 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 rule.]
### 19. Certain purchases not to be liable to tax.
- Nothing in this Act or the rules made thereunder shall be deemed to impose or authorise the imposition of a tax on the purchase of sugarcane where such purchases take place-
(a) (i)
outside the State, or
(ii) in the course of the import of the goods into the territory of India, or the export thereof out of such territory, or
(b) in the course of inter-State trade or commerce; and the provisions of this Act and said rules shall be read and construed accordingly.
Explanation. - For the purposes of this section, whether a purchase takes place.
(i) outside the State, or
(ii) in the course of the import of the goods into the territory of India, or export thereof out of such territory, or
(iii) in the course of inter-State trade or commerce, shall be determined in accordance with the principles specified in section 3, 4 and 5 of the Central Sales Tax Act, 1956.
### 20. Repeal of Maharashtra Ordinance No. V of 1961.
(1) The Maharashtra Purchase Tax on Sugarcane Ordinance, 1961 is hereby repealed.
(2) Notwithstanding such repeal, anything done or action taken (including any appointments made, notifications, rules, order, returns, notices, licences issued, given, refused or made, assessments made, taxes paid, applications given, appeals preferred) under the Ordinance so repealed, shall be deemed to have been done or taken 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.
Notifications
G.N., F.D., No. SGC. 1074/55/74-M-2, dated 17th September, 1974 (M.G., Part IV-B, page 1119) - In exercise of the powers conferred by sub-section (2) of section 1 of the Maharashtra Purchase Tax on Sugarcane (Amendment) Act, 1974 (Maharashtra XLIX of 1974), the Government of Maharashtra hereby appoints the 17th day of September 1974 to be the date on which the said Act shall come into force.
G.N., F.D., No. SGC. 1076/759/76/RES-7, dated 11th October, 1976 (M.G., Part IV-B, page 1327) - In exercise of the powers conferred by sub-section (2) of section 1 of the Maharashtra Purchase Tax on Sugarcane (Amendment) Act, 1976 (Maharashtra XXXIV of 1976), the Government of Maharashtra hereby appoints the 11th day of October 1976 to be the date on which the said Act shall come into force.
G.N., F.D., No. SGC. 1174/260/M-2, dated 4th November, 1974 (M.G., Part IV-B, page 1248)
Superseded by G.N., F.D. No. SGC. 1090/CR-147/Taxation-3, dated 31st August, 1990 (MG., Part IV-B, page 1279)
G.N., F.D., No. SGC. 1090/CR-147/Taxation-3, dated 31st August, 1990 (M.G., Part IV-B, page 1279) - In exercise of the powers conferred by sub-section (2) of section 3 of the Maharashtra Purchase Tax on Sugarcane Act, 1962 (Maharashtra IX of 1962) and in supersession of Government Notification, Finance Department, No. SGC, 1174/2160/M-2, dated the 4th November, 1974 the Government of Maharashtra hereby specifies the following rates at which on tax under sub-section (1) of the said section 3 shall be levied, namely:-
(a) 2.20 paise per kilogram of sugarcane purchased for the purpose of the use thereof in the manufacture or production of sugar in a factory; and
(b) 0-8 paise per kilogram of sugarcane purchased for the purpose of the use thereof in the manufacture or production of Khandsari sugar in a unit.
This notification shall come into force on and from the 1st day of September 1990.
G.N., F.D., No. SGC. 1061-(ii) -XIII, dated 1st January, 1962 (M.G., Part IV-B, page 67) - In exercise of the powers conferred by sub-section (1) of section 4 of the Maharashtra Purchase Tax on Sugarcane Ordinance, 1961 (Maharashtra Ordinance V of 1961), the Government of Maharashtra hereby appoints the Commissioner of Sales Tax appointed by the State Government under the Bombay Sales Tax Act, 1959 (Bombay LI of 1959), to be the Commissioner of Purchase Tax (Sugarcane), for the whole of the State of Maharashtra.
G.N., F.D., No. STA.3080/182/80/ADM-6, dated 3rd November, 1980 (M.G., Part IV-B, page 1080) - In exercise of the powers conferred by sub-section (1) of section 4 of the Maharashtra Purchase Tax on Sugarcane Act, 1962 (Maharashtra IX of 1962) and of all other powers enabling it in that behalf and in supersession of the Government Notification, Finance Department, No. SGC, 1061-(iii)- XIII, dated the 1st January 1962, the Government of Maharashtra hereby-
(a) appoints the officers specified in column 2 of the Schedule hereto to assist the Commissioner of Purchase Tax (Sugarcane) in the performance of his functions under the said Act, and give them the designations mentioned against them in column 3 thereof; and
(b) directs that officers shall exercise the powers and perform the duties under the said Act within their respective jurisdiction under the Bombay Sales Tax Act, 1959 (Bombay LI of 1959) mentioned against them in column 4 of the said schedule.
\* Notifications and rules issued under Maharashtra Ordinance No. V of 1961 shall be deemed to have been issued under Maharashtra Act, IX of 1962 (vide 20(2) of Maharashtra IX of 1962]
Schedule
----------
| | | | |
| --- | --- | --- | --- |
|
SerialNo.
|
Officers
|
Designation under the Maharashtra Purchase
Tax on Sugarcane Act, 1962
|
Jurisdiction under the Maharashtra
Purchase Tax on Sugarcane Act, 1962
|
|
1
|
2
|
3
|
4
|
|
1.
|
Additional Commissioner of Sales Tax, Maharashtra State,
Bombay.
|
Additional Commissioner of Purchase Tax (Sugarcane) ,
Maharashtra State Bombay.
|
Whole of the State of Maharashtra.
|
|
2.
|
Deputy Commissioner of Sales Tax, Nagpur
|
Division, Nagpur. Deputy Commissioner of Purchase Tax
(Sugarcane) Nagpur Division, Nagpur.
|
Revenue District of Chandrapur, Bhandara, Nagpur, Buldana,
Yavatmal, Amravati, Wardha and Akola.
|
|
3.
|
Deputy Commissioner of Sales Tax, Pune Division, Pune.
|
Deputy Commissioner of Purchase Tax (Sugarcane) Pune
Division, Pune.
|
Revenue District of Pune.
|
|
4.
|
Deputy Commissioner of Sales Tax, Kolhapur Division,
Kolhapur.
|
Deputy Commissioner of Purchase Tax (Sugarcane) Kolhapur
Division, Kolhapur.
|
Revenue Districts of Kolhapur, Ratnagiri, Satara Sangli.
|
|
5.
|
Deputy Commissioner of Sales Tax, Nashik Division, Nashik.
|
Deputy Commissioner of Purchase Tax (Sugarcane) Nashik
Division, Nashik
|
Revenue Districts of Nashik, Jalgaon, Dhule and Ahmadnagar.
|
|
6.
|
Deputy Commissioner of Sales Tax, Aurangabad Division,
Aurangabad.
|
Deputy Commissioner of Purchase Tax (Sugarcane) Aurangabad
Division, Aurangabad.
|
Revenue Districts of Aurangabad, Parbhani, Nanded, Beed,
Osmanabad and Solapur.
|
|
7.
|
Assistant Commissioner of Sales Tax (Administration) , Thane.
|
Assistant Commissioner of Purchase Tax (Sugarcane) , Thane.
|
Revenue Districts of Thane and Kulaba.
|
|
8.
|
Assistant Commissioner of Sales Tax (Appeals) , Thane.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appeals),
Thane.
|
Revenue Districts of Thane and Kulaba.
|
|
9.
|
Assistant Commissioner of Sales Tax (Administration) ,
Range-I, Nashik Division, Jalgaon.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration), Rahge-I Nashik Division, Jalgaon.
|
Revenue District of Jalgaon.
|
|
10.
|
Assistant Commissioner of Sales Tax (Administration) ,
Range-II, Nashik Division, Dhule.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration), Nashik Division, Dhule,
|
Revenue District of Dhule.
|
|
11.
|
Assistant Commissioner of Sales Tax (Administration) ,
Range-Ill, Nashik Division, Nashik.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration), Nashik Division, Nashik.
|
Revenue District of Nashik.
|
|
12.
|
Assistant Commissioner of Sales Tax (Administration) ,
Range-V, Nashik Division, Ahmadnagar.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration), Nashik Division, Ahmadnagar.
|
Revenue District of Ahmadnagar.
|
|
13.
|
Assistant Commissioner of Sales Tax (Appeal) , Nashik
Division, Nashik
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appeals),
Nashik Division, Nashik.
|
Revenue Districts of Jalgaon, Dhule, Nashik and Ahmadnagar.
|
|
14.
|
Assistant Commissioner of Sales Tax (Administration) ,
Range-V, Pune Division, Pune.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration), Pune Division, Pune.
|
Revenue District of Pune.
|
|
15.
|
Assistant Commissioner of Sales Tax (Appeals) , II, Pune
Division, Pune Assistant Commissioner of Purchase Tax
(Sugarcane) (Appeals), I, Pune Division Pune.
|
Revenue District of Pune.
|
|
|
16.
|
Assistant Commissioner of Sales Tax (Administration) -I
Kolhapur Division, Kolhapur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration)-I, Kolhapur Division, Kolhapur.
|
Revenue Districts of Kolhapur, Sangameshwar, Ratnagiri,
Rajapur, Devgad, Malvan and Sawantwadi Talukas and Lanja,
Vengurla, Kudal and Kankawali Tahsils of Ratnagiri.
|
|
17.
|
Assistant Commissioner of Sales Tax (Administration) -VI,
Kolhapur Division, Satara.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration)-VI, Kolhapur Division, Satara.
|
Revenue Districts of Satara and Dapoli, Khed, Chiplun,
Guhagar and Mandangad Talukas of Revenue Districts of Ratnagiri.
|
|
18.
|
Assistant Commissioner of Sales Tax (Administration) -V,
Kolhapur Division, Sangli.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration )-V, Kolhapur Division, Sangli.
|
Revenue District of Sanagli.
|
|
19.
|
Assistant Commissioner of Sales Tax (Appeals) -I, Kolhapur
Division, Kolhapur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appeals)-I, Kolhapur Division, Kolhapur.
|
Revenue Districts of Kolhapur Satara, Ratnagiri and Sangli.
|
|
20.
|
Assistant Commissioner of Sales Tax (Administration) Nagpur
Division, Nagpur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration)- I, Nagpur Division, Nagpur.
|
Revenue Districts of Nagpur and Bhandara.
|
|
21.
|
Assistant Commissioner of Sales Tax (Appeals) -I, Nagpur
Division, Nagpur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appeals)-I, Nagpur Division, Nagpur.
|
Revenue Districts of Nagpur and, Bhandara.
|
|
22.
|
Assistant Commissioner of Sales Tax (Administration) -III,
Nagpur Division, Yavatmal.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration)-III Nagpur Division, Yavatmal.
|
Revenue District of Yavatmal, Wardha and Chandrapur.
|
|
23.
|
Assistant Commissioner of Sales Tax (Administration) -IV,
Nagpur Division, Amravati.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration)-IV, Nagpur Division, Nagpur.
|
Revenue District of Amravati.
|
|
24.
|
Assistant Commissioner of Sales Tax (Administration) -V Nagpur
Division, Akola.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration)-V Nagpur Division, Akola.
|
Revenue Districts of Akola and Buldana.
|
|
25.
|
Assistant Commissioner of Sales Tax (Appeals) -II Nagpur
Division, Amravati.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appeals)-II Nagpur Division, Amravati.
|
Revenue Districts of Yavatmal, Wardha, Chandrapur, Amravati,
Akola and Buldana.
|
|
26.
|
Assistant Commissioner of Sales Tax (Administration) -I,
Aurangabad Division, Aurangabad.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration)-I Aurangabad Division, Aurangabad.
|
Revenue Districts of Aurangabad and Beed.
|
|
27.
|
Assistant Commissioner of Sales Tax (Administration) -II,
Aurangabad Division, Nanded.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration)-II Aurangabad Division, Nanded
|
Revenue Districts of Nanded, Parbhani and Osmanabad.
|
|
28.
|
Assistant Commissioner of Sales Tax (Appeals) -I, Aurangabad
Division, Jalna.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appeals)-I Aurangabad Division, Jalna.
|
Revenue Districts of Aurangabad, Beed, Nanded, Parbhani,
Osmanabad and Solapur.
|
|
29.
|
Assistant Commissioner of Sales Tax (Administration) -II,
Aurangabad Division, Solapur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Administration)TII Aurangabad Division, Solapur.
|
Revenue District of Solapur.
|
|
30.
|
Assistant Commissioner of Sales Tax (Appeals) -II, Aurangabad
Division, Solapur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appeals)-II, Aurangabad Division, Solapur.
|
Do
|
|
31.
|
Sales Tax Officer, Thane District.
|
k Purchase Tax Officer (Sugarcane) Thane District, Thane.
|
The Local area over which the Officer exercise for the time
being jurisdiction under the Bombay Sales Tax Act, 1959.
|
|
32.
|
Sales Tax Officer, Ratnagiri District.
|
Purchase Tax Officer (Sugarcane) , Ratnagiri District,
Ratnagiri.
|
The local area over which the Officer exercise for the time
being jurisdiction under the Bombay Sales Tax Act, 1959.
|
|
33.
|
Sales Tax Officer, Ahmednagar District.
|
Purchase Tax Officer (Sugarcane) , Ahmednagar District
Ahmednagar.
|
Do
|
|
34.
|
Sales Tax Officer, Aurangabad District.
|
Purchase Tax Officer (Sugarcane) , Aurangabad District.
|
Do
|
|
35.
|
Sales Tax Officer, Beed District.
|
Purchase Tax Officer (Sugarcane) , Beed District.
|
Do
|
|
36.
|
Sales Tax Officer, Dhule District.
|
Purchase Tax Officer (Sugarcane) Dhule District.
|
Do
|
|
37.
|
Sales Tax Officer, Latur (Osmanabad District).
|
Purchase Tax Officer (Sugarcane) Latur, District Osmanabad.
|
Do
|
|
38.
|
Sales Tax Officer, Nashik District.
|
Purchase tax Officer (Sugarcane) Nashik District.
|
Do
|
|
39.
|
Sales Tax Officer, Parbhani District.
|
Purchase Tax Officer (Sugarcane) Parbhani District.
|
Do
|
|
40.
|
Sales Tax Officer, Pune District.
|
Purchase Tax Officer (Sugarcane) Pune District.
|
Do
|
|
41.
|
Sales Tax Officer, Sangli District.
|
Purchase Tax Officer (Sugarcane) Sangli District.
|
Do
|
|
42.
|
Sales Tax Officer, Jalgaon District.
|
Purchase Tax Officer (Sugarcane) Jalgaon District.
|
The local area over which being jurisdiction under the Bombay
Sales Tax Act, 1959.
|
|
43.
|
Sales Tax Officer, Jalna Circle, Jalna.
|
Purchase Tax Officer (Sugarcane) Jalna Circle, Jalna.
|
Do
|
|
44.
|
Sales Tax Officer, Khamgaon, Buldhana District.
|
Purchase Tax Officer (Sugarcane) , Khamgaon, Buldhana
District.
|
Do
|
|
45.
|
Sales Tax Officer, Kolhapur District.
|
Purchase Tax Officer (Sugarcane) , Kolhapur District.
|
Do
|
|
46.
|
Sales Tax Officer, Nanded District.
|
Purchase Tax Officer (Sugarcane) , Nanded District.
|
Do
|
|
47.
|
Sales Tax Officer, Satara District.
|
Purchase Tax Officer (Sugarcane) Satara District.
|
Do
|
|
48.
|
Sales Tax Officer, Solapur District.
|
Purchase Tax Officer (Sugarcane) Solapur District.
|
Do
|
|
49.
|
Sales Tax Officer, Yavatmal District.
|
Purchase Tax Officer (Sugarcane) , Yavatmal District.
|
Do
|
G.N., F.D., No. JUR. 1083/57/IV/ADM-6 dated 20th October, 1986 (M.G., Part IV-B, page 1093) - In exercise of the powers conferred by sub-section (1) of section 4 of Maharashtra Purchase Tax on Sugarcane Act, 1962 (Maharashtra IX of 1962) and of all other powers enabling it in that behalf of and in supersession of Government Notification, Finance Department, No. STA. 3080/182/80/ADM-6, dated the 3rd November, 1980, the Government of Maharashtra hereby-
(a) appoints the officers specified in column 2 the Schedule hereto to assist the Commissioner of Purchase Tax (Sugarcane) in the Performance of his functions under the said Act, and gives them the designations mentioned against them in column 3 thereof; and
(b) directs that the officers so appointed shall exercise the powers and perform the duties under the said Act within their respective jurisdiction under the Bombay Sales Tax Act, 1959 (Bombay LI of 1959) mentioned against them in column 4 of the said Schedule.
Schedule 2
------------
| | | | |
| --- | --- | --- | --- |
|
SerialNo.
|
Officers
|
Designation under the Maharashtra Purchase
Tax on Sugarcane Act, 1962
|
Jurisdiction under the Maharashtra
Purchase Tax on Sugarcane Act, 1962
|
|
1
|
2
|
3
|
4
|
|
1.
|
Deputy Commissioner of Sales Tax (ADM) -VI. Bombay City
Division, New Bombay.
|
Deputy Commissioner of Purchase tax (Sugarcane) ADM-VI,
Bombay City Division, Bombay.
|
Limits of Greater Bombay.
|
|
2.
|
Deputy Commissioner of Sales Tax (ADM) , Thane Division,
Thane.
|
Deputy Commissioner of Purchase Tax (Sugarcane) Thane
Division, Thane.
|
Revenue Districts of Thane and Raigad.
|
|
3.
|
Deputy Commissioner of Sales Tax (Appeals) -II, Bombay.
|
Deputy Commissioner of Purchase Tax (Sugarcane) (Appeals)-II,
Bombay.
|
Limits of Greater Bombay, and Revenue District of Pune,
Solapur, Kolhapur, Satara, Sangli, Ratnagiri and Sindhudurg.
|
|
4.
|
Deputy Commissioner of Sales Tax (Appeals) , Nagpur.
|
Deputy Commissioner of Purchase Tax (Sugarcane (Appeals) ,
Nagpur.
|
Revenue Districts of Nagpur, Chandrapur, Gadchiroli, Akola,
Amravati, Wardha, Buldhana, Bhandara, Yavatmal, Aurangabad,
Nanded, Beed, Parbhani, Osmanabad, Latur, Jalna, Nashik, Dhule,
Jalgaon, Ahmadnagar, Thane and Raigad.
|
|
5.
|
Deputy Commissioner of Sales Tax, Nagpur Division, Nagpur.
|
S Deputy Commissioner of Purchase Tax (Sugarcane) , Nagpur
Division, Nagpur.
|
Revenue Districts of Nagpur, Chandrapur, Gadchiroli,
Bhandara, Buldhana, Yavatmal, Amravati, Wardha, and Akola.
|
|
6.
|
Deputy Commissioner of Sales Tax, Pune Division, Pune.
|
Deputy Commissioner of Purchase Tax (Sugarcane) , Pune
Division, Pune.
|
Revenue Districts of Pune and Solapur.
|
|
7.
|
Deputy Commissioner of Sales Tax, Kolhapur Division,
Kolhapur.
|
Deputy Commissioner of Purchase Tax (Sugarcane) , Kolhapur,
Division, Kolhapur.
|
Revenue Districts of Kolhapur Ratnagiri, Satara, Sangli, and
Sindhudurg.
|
|
8.
|
Deputy Commissioner of Sales Tax, Nashik Division, Nashik.
|
Deputy Commissioner of Purchase Tax (Sugarcane) , Nashik
Division, Nashik.
|
Revenue Districts of Nashik, Dhule, Jalgaon, and Ahmadnagar.
|
|
9.
|
Deputy Commissioner of Sales Tax, Aurangabad Division,
Aurangabad.
|
Deputy Commissioner of Purchase Tax (Sugarcane) , Aurangabad
Division, Aurangabad.
|
Revenue Districts of Aurangabad, Pabhani, Nanded, Beed,
Osmanabad, Jalna and Latur.
|
|
10.
|
Assistant Commissioner of Sales Tax (ADM.)-I, Thane.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (ADM)-I,
Thane.
|
Revenue Districts of Thane and Raigad.
|
|
11.
|
Assistant Commissioner of Sales Tax (Adm.)-II, Thane.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (ADM)-II,
Thane.
|
Revenue Districts of Raigad/ Thane.
|
|
12.
|
Assistant Commissioner of Sales Tax (Assessment) , Thane
Division, Thane.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Assessment), Thane Division, Thane.
|
Revenue Districts of Thane/Raigad.
|
|
13.
|
Assistant Commissioner of Sales Tax (Appl.) Thane.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appl.)
Thane.
|
Revenue Districts of Thane and Raigad.
|
|
14.
|
Assistant Commissioner of Sales Tax (Adm.) Range-I, Nashik
Division, Jalgaon.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Adm.)
Range-I, Nashik Division, Jalgaon.
|
Revenue District of Jalgaon.
|
|
15.
|
Assistant Commissioner of Sales Tax (Adm.)- Range-II, Nashik
Division, Dhule.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Adm.)-
Range-II, Nashik Division, Dhule.
|
Revenue District of Dhule.
|
|
16.
|
Assistant Commissioner of Sales Tax (Adm.) Range-Ill, Nashik
Division, Nashik
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Adm.)
Range-Ill, Nashik Division, Nashik.
|
Revenue District of Nashik.
|
|
17.
|
Assistant Commissioner of (Adm.), Range-V, Nashik Division,
Ahmadnagar
|
Assistant Commissioner of Purchase Tax (Sugarcane) Range-V,
Nashik Division, Ahmadnagar.
|
Revenue District of Sales Tax Ahmadnagar.
|
|
18.
|
Assistant Commissioner of Sales Tax (Appeals) Nashik
Division, Nashik
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appeals)
Nashik Division, Nashik.
|
Revenue Districts of Nashik, Dhule, Jalgaon and Ahmadnagar.
|
|
19.
|
Assistant Commissioner of Sales Tax (Adm.)-V, Pune Division,
Pune.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Adm.)-V,
Pune Division, Pune.
|
Revenue Districts of Pune.
|
|
20.
|
Assistant Commissioner of Sales Tax (Appeals. )-II, Pune
Division, Pune.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appeals.)-II, Pune Division Pune.
|
Revenue Districts of Pune and Solapur.
|
|
21.
|
Assistant Commissioner of Sales Tax (Assessment.), Pune
Division, Pune.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Asstt.),
Pune Division, Pune.
|
Revenue Districts of Pune and Solapur.
|
|
22.
|
Assistant Commissioner of Sales Tax (Adm.)-I, Kolhapur
Division, Kolhapur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Adm.)-I,
Kolhapur Division, Kolhapur.
|
Revenue Districts of Kolhapur, Ratnagiri and Sindhudurg.
|
|
23.
|
Assistant Commissioner of Sales Tax (Adm.)-VI, Kolhapur
Division, Satara.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Adm.)-VI,
Kolhapur Division, Satara.
|
Revenue District of Satara.
|
|
24.
|
Assistant Commissioner of Sales Tax (Adm.)-V, Kolhapur
Division, Sangli.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Adm.)- V
Kolhapur Division, Sangli.
|
Revenue District of Sangli.
|
|
25.
|
Assistant Commissioner of Sales Tax (Appeals) -I, Kolhapur
Division, Kolhapur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appeals)-I, Kolhapur Division, Kolhapur.
|
Revenue Districts of Kolhapur, Satara, Sangli, Ratnagiri and
Sindhudurg.
|
|
26.
|
Assistant Commissioner of Sales Tax (Assessment) , Kolhapur
Division, Kolhapur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Assessment), Kolhapur Division, Kolhapur.
|
Revenue Districts of Kolhapur, Satara, Sangli, Rantagiri and
Sindhudurg.
|
|
27.
|
Assistant Commissioner of Sales Tax (Appeals) -I, Nagpur
Division, Nagpur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Adm)-I,
Nagpur Division, Nagpur.
|
Revenue Districts of Nagpur and Bhandara.
|
|
28.
|
Assistant Commissioner of Sales Tax(Appeals) -I, Nagpur
Division, Nagpur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appeals)-I, Nagpur Division, Nagpur.
|
Revenue Districts of Nagpur and Bhandara.
|
|
29.
|
Assistant Commissioner of Sales Tax (Assessment) , Nagpur
Division, Nagpur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Assessment), Nagpur Division, Nagpur.
|
Revenue Districts of Nagpur, Bhandara Chandrapur, Gadchiroli,
Akola, Amravati, Wardha, Buldhana, Yavitmal.
|
|
30.
|
Assistant Commissioner of Sales Tax (Adm) -III, Nagpur
Division, Yavatmal.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Adm)-III,
Nagpur Division, Yavatmal.
|
Revenue Districts Of Yavatmal, Wardha, Chandrapur and
Gadchiroli.
|
|
31.
|
Assistant Commissioner of Sales Tax (Adm) -IV, Nagpur
Division, Amravati
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Adm)-IV,
Nagpur Division, Amravati.
|
Revenue District of Amravati.
|
|
32.
|
Assistant Commissioner of Sales Tax (Adm) -V, Nagpur Division,
Akola
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Adm)-V,
Nagpur Division, Akola.
|
Revenue Districts of Akola and Buldhana.
|
|
33.
|
Assistant Commissioner of Sales Tax (Appeals) -II, Nagpur
Division, Amravati
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appeals)-II, Nagpur Division, Amravati.
|
Revenue Districts of Yavatmal, Wardha, Chandrapur,
Gadchiroli, Amravati, Akola, Buldhana.
|
|
34.
|
Assistant Commissioner of Sales Tax (Adm) -I Aurangabad
Division, Aurangabad
|
Assistant Commissioner of Purchase Tbx (Sugarcane) (Adm)-I,
Aurangabad Division, Aurangabad.
|
Revenue Districts of Aurangabad, Beed and Jalna.
|
|
35.
|
Assistant Commissioner of Sales Tax (Adm) -I, Aurangabad
Division, Nanded
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Adm)-I,
Aurangabad Division, Nanded.
|
Revenue Districts of Nanded, Parbhani, Osmanabad and Latur.
|
|
36.
|
Assistant Commissioner of Sales Tax (Appeals) -I, Aurangabad
Division, Jalna.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appeals)-I, Aurangabad Division, Jalna.
|
Revenue Districts of Aurangabad, Beed, Nanded, Parbhani,
Osmanabad, Jalna and Latur.
|
|
37.
|
Assistant Commissioner of Sales Tax (Adm) -VI, Pune Division,
Solapur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Adm)-VI,
Pune Division, Solapur.
|
Revenue District of Solapur.
|
|
38.
|
Assistant Commissioner of Sales Tax (Adm) -VII, Pune Division,
Solapur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Adm)-VII,
Pune Division, Solapur.
|
Revenue District of Solapur.
|
|
39.
|
Assistant Commissioner of Sales Tax (Appeals) -III, Pune
Division, Solapur.
|
Assistant Commissioner of Purchase Tax (Sugarcane) (Appeals)-III, Pune Division, Solapur.
|
Revenue District of Solapur.
|
|
40.
|
Sales Tax Officer, outside the limits of Greater Bombay.
|
Purchase Tax Officer (Sugarcane) |
The local area over which the officer exercises for the time
being jurisdiction under the Bombay Sales Tax Act, 1959.
|
G.N., F.D., No. JUR. 1087/42/ADM-6, dated 27th September, 1989 (M.G., Part IV-B, page 1192) - In exercise of the powers conferred by sub-section (1) of section 4 of the Maharashtra Purchase Tax on Sugarcane Act, 1962 (Maharashtra IX of 1962), and of all other powers enabling it in that behalf the Government of Maharashtra hereby amend Government Notification, Finance Department, No. JUR. 1083/57/IV/ADM-6 dated the 20th October L986, as under :-
In the Schedule of Government or Notification, Finance Department, No JUR.1083/57/IV/ADM- 6, dated 20th October 1986, in column (2) under the heading 'Officer' against the existing of entry No. 27, the word "Appeals" appearing in the bracket should be replaced by word 'Adm' and then the existing entries at Serial Nos. 1 to 40 shall be renumbered as Serial Nos. 2 to 41 respectively and before entry 2 as to renumbered, the following entry shall be inserted as Serial No. 1 namely:-
Schedule 3
------------
| | | | |
| --- | --- | --- | --- |
|
SerialNo.
|
Officers
|
Designation under the Maharashtra
Purchase Tax on Sugarcane Act, 1962
|
Jurisdiction under the Maharashtra
Purchase Tax on Sugarcane Act, 1962
|
|
1
|
2
|
3
|
4
|
|
1.
|
Additional Commissioner of Sales Tax Maharashtra State,
Bombay
|
Additional Commissioner, Purchase Tax on Sugarcane,
Maharashtra State, Bombay.
|
Whole of Maharashtra State.
|
G.N., F.D., No. SGC. 1061-(ii) -XIII, dated 17th January, 1962 (M.G., Part IV-B, page 132) - In exercise of the powers conferred by sub-section (1) of section 5 of the Maharashtra Purchase Tax on Sugarcane Ordinance, 1969 (Maharashtra Order V of 1961), the Government of Maharashtra hereby specifies the 1st day of February 1962 to be the date, after which no person shall purchase any sugarcane for the purpose of the use thereof in the manufacture of sugar in a factory, except under and in accordance with the condition of a licence issued by the Commissioner of Purchase Tax, Sugarcane.
|
65b8fbb5ab84c7eca86e81de | acts |
State of Karnataka - Act
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Karnataka Right of Children to Free and Compulsory Education Rules, 2012
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KARNATAKA
India
Karnataka Right of Children to Free and Compulsory Education Rules, 2012
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Rule KARNATAKA-RIGHT-OF-CHILDREN-TO-FREE-AND-COMPULSORY-EDUCATION-RULES-2012 of 2012
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* Published on 28 April 2012
* Commenced on 28 April 2012
Karnataka Right of Children to Free and Compulsory Education Rules, 2012
Published vide Notification No. ED 77 YOYOKA 2010, Bangalore, dated 28.4.2012
No. ED 77 YOYOKA 2010, Bangalore, dated 28.4.2012. - In exercise of the powers conferred by sub-section (1) of section 38 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act 35 of 2009). the Government of Karnataka hereby makes the following rules, namely:
Part - I Preliminary
### 1. Title extent, commencement and application.
(1) These rules may be called the Karnataka Right of Children to Free and Compulsory Education Rules. 2012.
(2) They shall extend to the whole of the State of Karnataka.
(3) They shall come into force from the date of their publication in the Official Gazette.
(4) The provisions of these rules shall apply to all schools and shall have overriding effect over the Provisions of rules made under the Karnataka Education Act, 1983 (Karnataka Act 1of 1995) to the extent of their repugnancy. Where no provisions are made in these rules, the provisions of other rules made under any other law shall continue to apply.
### 2. Definitions.
(1) In these rules, unless the context otherwise requires, -
(a) "Act" means the Right of Children to Free and Compulsory Education Act, 2009 (Central Act 35 of 2009);
(b) Academic Authority" means the Department of State Educational Research and Training (DSERT) for schools affiliated to the State Board;
(c) "BEO" means the Block Education Officer of the education block;
(d) "CEO" means the Chief Executive Officer of the Zilla Panchayat of the district, appointed under the Karnataka Panchayat Raj Act, 1993;
(e) "Child belonging to disadvantaged group" means a child belonging to the Scheduled Caste. the Scheduled Tribe. the Backward Class as specified by the Government of Karnataka., by notification under clause (d) of Section 2 of the Act; It also includes orphan, migrant and street child, child with special needs and HIV affected /infected child;
(f) "Child belonging to weaker section" means a child belonging to such parent or guardian whose annual income is lower than the minimum limit as notified by the State under clause (e) of Section 2 of the Act.
(g) "Commissioner" means the Commissioner for Public Instruction. which includes Additional Commissioners for Public Instruction. Dharwad and Gulbarga;
(h) DDPI means the Deputy Director of Public Instruction (Administration) of the educational district;
(i) DIET means the District Institute of Education and Training. which is set up in the district as an institution for providing academic support for education and training of teachers;
(j) "Government" means the State Government;
(k) "Governing Council" means any person or body of persons permitted or deemed to be permitted under this Act to establish or maintain a private educational institution, and includes the governing body, by whatever name called, to which the management of affairs of the said educational institution are entrusted;
(l) "NCTE" means the National Council for Teacher Education;
(m) "School Development and Monitoring Committee" (SDMC) means School Management Committee (SMC) constituted under section 21 of the Act;
(n) "School mapping" means planning school location to overcome social barriers and geographical distance.
(2) All other words and expressions used herein and not defined shall have the same meaning assigned to them in the Act.
Part - II Right of Children to Free and Compulsory Education
Special Training for the purpose of first provision to Section 4
### 3. Right of children to free and compulsory education.
(1) The School Development and Monitoring Committee under local authority shall identify children requiring special training and organise such training in the following manner, namely:
(a) The special training shall be based on specially designed, age appropriate learning material, approved by DSERT, the academic authority;
(b) It shall be provided in classes held on the premises of the school. or through classes organised in safe residential facilities;
(c) It shall be provided by teachers working in the school, or by teachers specially appointed for the purpose;
(d) The duration shall be for a minimum period of three months which may be extended. based on periodical assessment of learning progress. for a maximum period not exceeding two years.
(2) The child shall, upon induction into the age appropriate class, after special training, continue to receive special attention by the teacher to enable him to successfully integrate with the rest of the class, academically and emotionally.
Part - III Duties of State Government, Local Authority
### 4. Areas or limits for the purposes of section .
(1) The areas or limits of neighbourhood throughout the state except the city corporations within which a school has to be established by the State Government and the local Authority shall be as under, namely:
(a) In respect of children in classes I - V, a school shall be established normally within a walking distance of one km of the neighbourhood;
(b) In respect of children in classes VI - VII, a school shall be established normally within a walking distance of 3 km of the neighbourhood: and
(c) In respect of children in class VIII, a school shall be established within a distance of 5 km of the neighbourhood.
Provided that, in case of urban areas where local authorities are City Corporations, the area of neighbourhood shall be the area of ward notified for the purpose of governance of local authority.
(2) The State Government shall endeavour within the limits of its economic capacity and development to add VIII to schools with classes up to VII in a phased manner.
(3) Wherever required, the State Government shall upgrade existing schools with classes I - V to include classes VI - VIII. In respect of schools which start from class VI onwards, the State Government shall endeavour to add classes I - V, wherever required.
(4) In areas with difficult terrain, risk of landslides, floods, lack of roads and in general, danger for young children in the approach from their homes to the school, B.E.O or Local Authority shall locate the school in such a manner as to avoid such dangers, by reducing the limits specified under sub-rule (1). -
(5) For children from small hamlets, as identified by the DDPI or Local Authority, where no school exists within the area or limits of neighbourhood specified under sub-rule (1) above, suitable arrangements such as free transportation, residential facilities and/ or other facilities shall be arranged. The cost for these alternative arrangements shall be fixed by C.P.l or the Local Authority as per local conditions. Expenditures on alternative arrangements shall be met by State Government / Local Authority.
(6) In areas with high population density, the C.P.I or local authority may consider establishment of more than one neighbourhood school, having regard to the number of children in the age group of 6-14 years in such areas.
(7) The Local Authority shall identify the neighbourhood school where children can be admitted and make such information public for each habitation within its jurisdiction.
(8) In respect of children with disability which prevent them from accessing the school, the C.P.I or Local Authority shall endeavour to make appropriate and safe transportation arrangements for them to attend school and complete elementary education.
(9) The C.P.I or Local Authority shall ensure that access of children to the school is not hindered on account of social and cultural factors.
### 5. Duties of Government and Local Authority towards disadvantaged group of children for the purpose of Sections 8 and 9.
(1) A child attending a school of the State Government or local authority referred to in sub-clause (i) of clause (n) of section 2, a child attending a school referred to in sub-clause (ii) of clause (n) of section 2 in pursuance to clause (b) of sub section (1) of section 12. and a child attending a school referred to in sub-clause (iii) and (iv) of clause (n) of section 2 in pursuance to clause (c) of sub section (1) of section 12 shall be entitled only to free text books. writing materials and uniforms.
Provided that a child Disability shall also. be provided free special learning and support material.
Explanation: In respect of the child admitted in pursuance of clause (b) of sub-section (1) of section 12 and a child admitted in pursuance clause (c) of sub-section (1) of section 12, the responsibility of providing the free entitlement shall be of the school referred to in sub- clause (ii) of clause (n) of section 2 and of sub-clauses (iii) and (iv) of clause (n) of section 2, respectively.
(2) For the purpose of determining and for establishing neighbourhood schools, the C.P.I or the local authority shall undertake school mapping, and identify all children, including children in remote areas, children with Disabilities children belonging to disadvantaged groups, children belonging to weaker sections and children referred to in section 4, within a period of one year from the appointed date, and every year thereafter.
(3) The D.D.P.I or local authority shall ensure within their jurisdiction that no child is subjected to caste, class, religious or gender discrimination in the school.
(4) For the purposes of clause (c) of section 8 and clause (c) of section 9, the C.P.I and the local authority shall ensure that a child belonging to a weaker section and a child belonging to disadvantaged group is not segregated or discriminated against in the classroom, during mid day meals, in the play grounds, in the use of common drinking water and toilet facilities, and in the cleaning of toilets or classrooms.
### 6. Maintenance of records of children by local authority for the purposes of clause (d) of section 9.
(1) The Local Authority shall maintain a record of all children, in its jurisdiction, through a household survey, from their birth till they attain 14 years.
(2) The record, referred to in sub-rule (1), shall be updated each year.
(3) The record, referred to in sub-rule (1), shall be maintained transparently, in the public domain, and used for the purposes of clause (e) of section 9
(4) The record, referred to in sub-rule (1) shall, in respect of every child, include,-
(a) name, sex, date of birth, (Birth Certificate Number), place of birth;
(b) parents or guardians' names, address, occupation;
(c) pre-primary school or Anganwadi centre that the child attends (up to age 6);
(d) elementary school where the child is admitted;
(e) present address of the child;
(f) class in which the child is studying (for children between age 6-14). and if education is discontinued in the territorial jurisdiction of the Local Authority. the cause of such discontinuance;
(g) Whether the child `belongs to a disadvantaged group within the meaning of clause (d) of section 2 of the Act;
(h) whether the child belongs to the weaker section within the meaning of clause (e) of section 2 of the Act:
(i) details of children requiring special facilities or residential facilities on account of migration and sparse population; age appropriate admission; disability.
(5) The Local authority shall ensure that the names of all children enrolled in the schools and out of school children under its jurisdiction are publicly displayed in each school.
Part- IV Responsibilities of Schools and Teachers
### 7. Admission of children belonging to weaker section and disadvantaged group for the purposes of clause (c) of section 12 (1.
(1) The school referred to in clauses (iii) and (iv) of clause (n) of section 2 shall ensure that children admitted in pursuance of clause (c) of section 12 (1) shall not be segregated from the other children in the classrooms nor shall their classes be held at places and timings different from the classes held for the other children.
(2) The school referred to in clauses (iii) and (iv) of clause (n) of section 2 shall ensure that children admitted in pursuance of clause (c) of section 12 (1) shall not be discriminated from the rest of the children in any manner in respect of entitlements and facilities such as text books, uniforms, library and ICT facilities, co-curricular programme and sports.
(3) The areas or limits of neighborhood specified in rule 4 (1) shall apply to admissions made in pursuance of clause (c) of section 12 (1), provided that the school may, for the purposes of filling up the requisite percentage of seats for children referred to in clause (c) of section 12 (1). extend these limits with the prior approval of the State Government.
(4) The percentage of allocation across various categories shall be notified by the Government.
### 8. Reimbursement of per child expenditure by the Government for the purpose of Section 12(2) .
(1) The total annual recurring expenditure incurred by the State on elementary education in respect of all schools established or owned by it or by the local authority, divided by the total number of children enrolled in all such schools, shall be the per-child expenditure incurred by the Government. For this purpose the expenditure on grant-in-aid schools and students enrolled in such schools shall not be included. The Government shall notify per-child expenditure every year before commencement of academic year, which shall be reimbursed in respect of admission of eligible children to private unaided schools. The children admitted under the quota of disadvantaged group and weaker section shall not be levied any other fee, charges or expenses by such school.
(2) Every school which receives reimbursement per child expenditure shall maintain a separate bank account and is subject to audit by the government. In respect of a child admitted to a private unaided school over and above the quota for the disadvantaged group and weaker section, there shall not be any claim on reimbursement of such expenditure incurred on child's education in any such school. In respect of the child admitted in pursuance of clause (b) of sub-section (1) of section 12 and a child admitted in pursuance clause (c) of sub-section (1) of section 12, the responsibility of providing the free entitlements shall be of the school referred to in sub-clause (ii) of clause (n) of section 2 and of sub-clauses (iii) and (iv) of clause (n) of section 2. respectively.
(3) Any aided school with un-aided sections shall be treated as an aided school as per sec 2(n)(ii). The rule under section 12(l)(b) of the Act shall be applied for these schools.
(4) The reimbursement shall be made directly. by way of Electronic Fund Transfer in the separate bank account maintained by the school in two instalments during the academic year. First instalment of 50% shall be reimbursed in the month of September and second instalment shall be reimbursed in the month of January after receiving compliance report in FORM III from the school.
(5) Every school shall furnish a Report to the DDPI through the Block Education during July and January of the year, in Form III -giving status report of the school.
### 9. Documents as age proof of child for the purpose of Section 14.
- Wherever a birth certificate under the provisions of the Registration of Births and Deaths Act, 1969. is not available. any one of the. following documents deemed to be the proof of age of the child for the purpose of admission in schools. namely:
(a) Hospital/Auxiliary Nurse and Midwife (ANM] register record.
(b) Anganwadi record.
(c) Self Declaration for the age of the child by the parent or guardian.
### 10. Extended period for admission of child for the purpose of Section 15.
(1) Extended period of admission shall be three months from the date of commencement of the academic year of a school.
Provided that no child shall be denied admission if such admission is sought subsequent to the extended period:
(2) Where a child is admitted in a school after the extended period, he shall be eligible to complete studies with the help of special training, as assessed and determined by the head of the school.
### 11. Recognition of Schools for the purpose of Section 18.
(1) Without prejudice to these rules the rules for the recognition of schools made under the Karnataka Education Act, 1983 shall muttaties muttandies apply for recognition of schools under there rules.
(2) Every Governing council of a school other than a school established, owned or controlled by the Government or local authority established before the commencement of the Act, shall make a Self Declaration in FORM I six months from the date of commencement of these rules to the concerned Block Education Officer regarding its compliance or otherwise with the norms and standards prescribed in the Schedule along with the following conditions, name1y:-
(a) The school is run by a society registered under the Societies Registration Act, 1860 (21 of 1860) or the Karnataka Societies Registration Act, 1960 or a public trust constituted under any law for the time being in force;
(b) The school is not run for profit to any individual, group or association of persons;
(c) The school conforms to the values enshrined in the Constitution;
(d) The school premises shall not be used for any other purposes other than school related activities.
(e) The school is open to Inspection by any officer authorised by the state government or any local authority;
(f) The school furnishes such reports and information as required by the State government or any authorised officer of the state government from time to time and complies with such instructions of the state government or local authority as may be issued to secure the continued fulfilment of the conditions of recognition or the removal of deficiencies in the working of the school:
(3) The Local Authority shall identify the neighbourhood school where children can be admitted and make such information public for each habitation within its jurisdiction.
(4) The BEO concerned shall conduct inspection of such schools which claim in FORM I to fulfil the norms, standards and the conditions mentioned in sub-rule (1) within three months of the receipt of the self-declaration.
(5) After the inspection under sub-rule (3) is carried out, the inspection report shall be placed by the BEO in public domain and the BEO shall forward the list of schools conforming to the norms. Standards and the conditions for granting/renewal of recognition by the DDPI in FORM II within a period of 15 days from the date of inspection.
(6) The DDPI of the district shall grant recognition to such schools under the Act within a period of 15 days and notify in the public domain. Validity of such recognition shall be for five years. which may be considered for renewal on application by the concerned.
(7) Schools which do not conform to the norms, standards and conditions mentioned in sub-rule (1), shall be listed by the BEO. He/She shall issue an order to this effect, and shall give time of three years to set right the deficiencies.
(8) Schools which are in existence prior to notification of rules and which do not conform to the norms, standards and conditions mentioned in sub-rule (1), shall cease to function after three years from the date of notification.
(9) Every school, other than a school established, owned or controlled by the Government or local authority, established after the commencement of this Act or seeking renewal of recognition shall conform to the norms, standards and conditions mentioned in sub-rule (1) in order to qualify for recognition and shall apply for grant or renewal of recognition to the DDPI concerned along with the declaration along with such fee as may be determined by the Government.
(10) Every application for grant or renewal of recognition shall be processed in the same manner specified in sub-rules (2) to (7).
### 12. Withdrawal of Recognition of Schools for the purpose of Section 18(3) and 12(3).
- Where DDPI of the district on his own volition or on any representation received from any person, has reason to believe, to be recorded in writing, that a school recognised under these rules, has violated one or more conditions of grant of recognition or failed to fulfil the norms, standards and conditions mentioned as per the Act or in these rules, it shall act in the following manner, namely:-
(a) Issue a notice to the school specifying the violations of the conditions of grant of recognition and seek its explanation within one month. This notice shall also be placed in the public domain.
(b) In case the explanation is not found to be satisfactory or no explanation is received within the stipulated time, the DDPI may cause inspection of the school to be conducted by a committee constituted by him consisting of three members comprising of an educationist, representative of civil society and a government representative, which shall make due enquiry and submit its report along with its recommendations for continuing recognition or its withdrawal. to the DDP1.
(c) The DDPI shall take decision based on the report of the committee within a period of 15 days from the date of receipt of the report. Such decision shall be placed in the public domain.
(d) In case the DDPI issues an order of withdrawal of recognition, the order shall be operative from the succeeding academic year and the BEO concerned shall ensure arrangements for admitting the children of such school to any of the schools in the neighbourhood.
(e) Appeal against the order issued by the DDPI under this rule may be filed before the Director of Public instruction within 30 days from the date of the order. The Director of Public Instruction shall, at first, decide admissibility of the appeal and once the appeal has been admitted for hearing. the order under appeal shall remain suspended till the final decision of the appeal. The Director of Public Instruction, after giving opportunity of hearing to both the parties. shall pass order within two months from the date of filing of appeal. Such order shall be final.
Part - V School Development and Monitoring Committee (SDMC) ### 13. Composition and functions the School Development and Monitoring Committee.
(1) there shall be a School Development and Monitoring Committee (SDMC) for every school other than an unaided school. Such Committee shall be constituted within six months of the coming into force of these rules, and reconstituted for every three years. School Development and Monitoring Committees shall have sixteen elected members. Head Teacher or senior most teachers as the case may be shall be ex-officio Member Secretary, Health worker and an Anganwadi worker in the area where the school is located shall be ex-officio members of the School Development and Monitoring Committee.
(2) Thirteen members of the School Development and Monitoring Committee shall be elected from amongst parents or guardians of children. The remaining three members of the School Development and Monitoring Committee shall be nomited from amongst the following persons, namely:-
(3) (a)
One member amongst the elected members of the local authority, to be decided by the local authority. One member from amongst teachers of the school, to be decided by the B.E.O. The remaining one member from amongst educationists, philanthropic persons from the locality and children in the school to be nominated by the B.E.O.
(b) The School Development and Monitory Committee shall have 50 per cent of its members from amongst women. The Chairman and Vice Chairman of the School Development and Monitory Committee shall be elected from amongst the parent or guardian members.
(c) The BEO is the competent authority to ensure the functioning of the School Development and Monitory Committees of all schools in his/her jurisdiction. He shall also facilitate resolution of dispute by arranging or overseeing deliberations and by involving local authority therein.
(4) The School Development and Monitoring Committee shall meet at least once in a month and the minutes of the meetings shall be recorded and made available to the public.
(5) The School Development and Monitoring Committee shall, in addition to the functions specified in clauses (a) to (d) of section 21 (2), perform the following functions, namely:
(a) communicate in simple and creative ways to the people in the neighbourhood of the school. the rights of the child as enunciated in the Act: as also the duties of the local authority. school, parent and guardian:
(b) Ensure the implementation of clauses (a) and (e) of section 24 and section 28 of the Act.
(c) Monitor that teachers are not burdened with non academic duties other than those specified in section 27. It shall also hear grievances of teachers as the first level of local authority.
(d) Ensure the enrolment of all non school going children in the neighbourhood irrespective of religion. race caste. sex. language and place of birth and continued attendance of all the children from the neighbourhood in the school. Towards this SDMC may conduct enrolment drives, bridge courses and special campaigns for girl children. children with special needs and child labour; Monitor facilities, enrolment and education of children with special needs.
(e) Monitor the maintenance of the norms and standards prescribed in the Schedule;
(f) Bring to the notice of the local authority any deviation from the rights of the child. in particular mental and physical harassment of children, denial of admission, and timely provision of free entitlements..
(g) Identify the needs of the school and prepare the School Development Plan and monitor the implementation of the provisions of section 4.
(h) Ensure non-discrimination against and provision of special facilities such as hearing aids, Braille etc to children in the neighbourhood who are physically or mentally challenged, to enable them to attend school. Monitor the identification and enrolment of, and facilities for learning of disabled children, and also to ensure their participation in, and completion of elementary education
(i) Monitor periodically drop-out rates and ensure attendance and retention of all children in the school. Monitor the implementation of the distribution of free textbooks, mid-day meal programme, uniforms and scholarships and any other incentives given by the government from time to time.
(j) Prepare an annual account of receipts and expenditure of the school for the period ending 31st March of. the year, before end of June of the year and shall be approved by the School Development and Monitoring Committee and signed by the Chairperson and Secretary of the School Development and Monitoring Committee. This shall be placed before the local authority and put in the public domain.
(k) The School Development and Monitoring Committee shall prepare School Development Plan for the financial year after identifying the needs of the school. It shall be the duty of School Development and Monitoring Committee to oversee infrastructure facilities like playground, compound walls, classrooms, toilet. furniture, provision for drinking water etc., for the school. It shall also arrange construction and maintenance of any works as per Annual Work Plan/School Development Plan. It may acquire, purchase or hire immovable or movable property as may be required for proper functioning of the school. It shall protect school premises against encroachment and nuisance. It shall ensure that the school has the Child Helpline Number displayed prominently. It shall also oversee hygiene, upkeep and maintenance of the school, in addition, monitor the school health programmes and facilitate regular health camps for the children in the school.
(l) It shall also conduct meetings of the Parents Council once in three months and discuss with the parents to send their children to the school who do not send their children to the school regularly. It shall also arrange enrolment of all the children to the school by undertaking enrolment drives, bridge courses and special campaigns for girl children. It shall also conduct parents`day celebrations periodically to involve all parents in the activities of the school.
(m) The School Development and Monitoring Committee may also involve all parents in the activities of the school and to motivate them to offer constructive suggestions to the local authority and School Development and Monitoring Committee for improving the school. It shall also address grievances or complaints made by students. parents. teachers and non-teaching staff of the school.
(n) The School Development and Monitoring Committee may hear grievances of teachers as the first level of grievances redressal body and monitor and take appropriate action in the event of harassment of teachers in general and also complaints of women teachers in particular.
(o) It shall be the duty of School Development and Monitoring Committee to ensure a minimum of two hundred and twenty working days in a year and also to decide on local holidays not more than four days in a year.
(p) It may hire the services of local persons as teachers or instructors, as the case may be.' where there is a need, on a voluntary basis or on payment of fixed honorarium, meeting the cost from its funds. Provided that no regular post is filled on a permanent basis in this manner.
(q) It shall be the duty of School Development and Monitoring Committee to periodically review the performance of teachers and facilitate compliance with the minimum quality standards as prescribed in the Schedule of the Act and any programme of the Central Government or State Government from time to time. It shall also facilitate provision of need-based\_ trainings to teachers. depending upon the demand of the teachers and the Head Teacher.
(6) It shall be the duty of School Development and Monitoring Committee to ensure any money received by it for the discharge of its functions under the Act, shall be-kept in a separate account, to be made available for audit every year. It shall also supervise all properties, funds and finances of the school. It may issue appeals and applications for money and funds in furtherance of its functions to receive, collect, and accept any gifts or donations, either in cash or in kind or-of any property, either movable or immovable; and spend the same in fulfilment of all or any of its functions. It shall not be interpreted as authorizing collection of donation from parents.
### 14. Preparation of School Development Plan.
(1) School Development Plan will be a three year perspective plan and shall contain the following details, namely:
(a) Estimates of class-wise enrolments each year.
(b) Requirement of additional teachers over a three year period, separately for classes I to V and VI to VH1 calculated as per norms specified in the schedule of the Act.
(c) Physical requirement of additional infrastructure and equipments over the three year period, calculated, on the basis of norms and standards, specified in the Act.
(d) Additional financial requirement over the three years period, year-wise, in respect of (b) and (c) above, including additional requirement needed for bridge courses, special training of teachers, all entitlements of children, and any other financial requirement for fulfilling the responsibilities of the school under the Act.
(2) The School Development and Monitoring Committee shall prepare a School Development Plan three months before the end of the financial year. This plan will include the needs of disabled children as well.
(3) School Development plan shall also relate to academic improvement of the school. it shall detail the academic improvement activities of the school including periodical review of performance of children in both curricular and co-curricular activities
(4) School Development plan to be signed by the Chairman and the Secretary of the School Development and Monitoring committee and submitted to the BEO through local authority. before the end of the financial year. School Development Plan shall be consolidated at the cluster and block levels and shall form the basis for planning resource allocation to such schools in each educational block.
Part-VI Teachers
### 15. Minimum qualification for teachers.
(1) The Government on the recommendation of the appropriate academic authority notified by the Central Government and for the purposes of sub-section (1) of section 23, shall lay down the minimum qualifications for the persons to be eligible for appointment as teachers in an elementary school.
(2) The minimum qualification laid down under the above sub-rule shall be applicable for every school referred to in clause (n) of section 2 of the Act.
### 16. Duties of teacher.
(1) In performance of the Functions specified in sub-section (1) of section 24 and in order to fulfil the requirements of clause (h) of sub-section (2) of section 29, the teacher shall maintain a record containing the pupil cumulative record for every child which shall be the basis for monitoring children's progress, awarding the completion certificate specified in sub-section (2) of section 30.
(2) The teacher shall assess the performance of every child periodically as per the prescribed curriculum and take up special training for the children who do not reach expected learning levels in each subject. Apart from periodic evaluation of the child, the evaluation study reports shall also form the basis for devising and implementing special teaching programme by the teacher.
(3) It shall be the responsibility of the school in the neighbourhood and teachers therein to identify out of school children and mainstream such children by providing special training to them to attain expected levels of learning by converging the hostel facilities of government departments such as Social Welfare, Backward Classes and Women and Child Welfare.
(4) The teacher shall also participate in the regular training programmes, preparation of curriculum, textbooks, training modules and teaching Learning Materials (TLM) development organized by the Cluster Resource Centre, Block Resource Centre and District Institute of Education and Training and other academic agencies.
### 17. Grievance Redressal Authority for Teacher.
- The School Development and Monitoring Committee constituted under section 21 shall be the Grievance Redressal Authority for teachers of government and local authority schools and aided schools. In all Grievance Redressal Authority proceedings by SDMC, BEO shall be present. For private un-aided schools, Section 96 of Chapter 14 of Karnataka Education Act 1983 shall apply for Grievance Redressal.
### 18. Maintaining Pupil-teacher Ratio in each school as per section 2.
(1) For school established, owned, controlled or substantially financed by funds provided directly or indirectly State Govt. or Local authority the BEO of every educational block shall assess the Pupil-Teacher Ratio (PTR), school wise as specified in the schedule of the Act.
(2) The BEO shall every year do or cause to do rational deployment of teachers in the block to maintain the Pupil Teacher Ratio as per schedule of the Act and subsequently report to the DDPI, the resultant excess or shortage school wise. Every year on receipt of this information from the BEO. the DDPI shall do or cause to do rational deployment of the teachers among the teachers of the district and shall take the sanctions from the Govt. to fill the vacancy of teacher so that the vacancy does not exceed 10 percent of the total sanctioned strength.
(3) In respect of private schools. the managements shall maintain the Pupil Teachers Ratio (PTR) as specified in the schedule of the Act and take steps to fill up the vacancies of teachers. Management of such schools shall report to the BEO informing them on steps taken to fill up the vacancies. BEO shall review the status of such managements from time to time and report through proper channel to the Government regarding status of PTR in private schools.
Part - VII Curriculum and Completion of Elementary Education.
### 19. Academic Authority.
(1) The Department of State Educational Research & Training (DSERT) is the Academic Authority in the state for all schools adopting the state curriculum for the purposes of section 29 of the Act. However, the Government may also recognize additional academic authorities under these rules.
(2) The Department of State Educational Research & Training shall be responsible for,
(a) Formulating the curriculum including a flexible curriculum for children with special needs as per the guidelines contained in the National and State Curriculum Framework;
(b) For preparing class-wise and age appropriate syllabus which shall include vocational exposure as an alternative programme for all children including children with special needs. It shall also define the expected learning outcomes at the end of each grade and for every subject.
(c) For periodical revision of pre-service elementary teacher training curriculum, designing appropriate in-service teacher training programmes, integrating components of inclusive education and for preparation of suitable guidelines for implementation of Continuous and Comprehensive Evaluation for all classes from classes I to VII.
### 20. Award of Certificate.
(1) The school shall issue the Certificate of completion of elementary education to the child who has completed 8 years of elementary education before the last working day of the academic year.
(2) The certificate shall contain details of academic progress of the child and specify its achievement in curricular and co-curricular activities. Academic Authority/ the DSERT shall design a model format and notify in the public domain.
Part- VIII Protection of Rights of Children
### 21. State Commission for Protection of Child Rights.
(1) The Karnataka State Commission for Protection of Child Rights set up under the provisions the Commission for Protection of Child Rights Act 2005, shall be the Commission for the purpose of section 31 of the Act and shall protect the rights of child under the Act.
(2) Karnataka State Commission for Protection of Child Rights shall monitor and inquire into grievances or complaints of violation of child rights and initiate action as deemed fit.
### 22. Constitution and Functions of the State Advisory Council.
(1) The Karnataka State Advisory' Council for Elementary Education shall have a Chairperson and fourteen members.
(2) The Minister-in-charge of Primary and Secondary Education in Karnataka shall be the ex-officio Chairperson of the Council and the Secretary to Government, Primary and Secondary Education, shall be the Vice-Chairman of the State Advisory Council. The Commissioner for Public Instruction shall be the Member Secretary of the Council.
(3) Members of the Council shall be appointed by the Government from amongst persons who have done outstanding work in the field of elementary education in the state, as under.-
(a) At least four members should be from amongst persons belonging to Scheduled Castes, Scheduled Tribes and Minorities, At least one person from amongst those persons having specialised knowledge and practical experience of education of children with special needs. One member from amongst persons who have worked in the field of pre-primary education. members shall be from amongst persons who have worked in the field of elementary teacher education. The other members from amongst persons who have worked in the field of elementary education. Fifty percent of the members amongst the 14 shall be women.
(b) The Commissioner for Public Instruction, the Additional Commissioners for Public Instruction, State Project Director Sarva Shiksha Abhiyana, Rashtriya Madhyamika Shiksha Abhiyana, and Directors of Primary, Secondary Education, Urdu and other Minorities and DSERT shall be the ex-ofiicio members.
(c) The Council shall meet regularly at least twice in a year and review the status of elementary education in the state. The Council shall also monitor implementation of the Act and these rules and make recommendation to the Government from time to time.
(d) The Council shall be reconstituted every three years and no member shall be appointed for more than two terms.
(e) The non-official members of the Council are entitled to sitting fees, travel and other allowances, at a rate specified in Annexure A to the Karnataka Civil Service Rules.
Part - IX Miscellaneous
### 23. Prescribed Authorities and Procedure for taking action for Violation of the Provisions of the Act.
(1) Section 35(1) the prescribed authority for previous sanctions for procedure under sections 13(2), 18(5), 19(5). of the Act is the Chief Executive Officer of the Zilla Panchayat of the district. It is the responsibility of the BEO of the block and DDPI of the district to report such cases to the CEO of the Zilla Panchayat of the district, who after satisfying himself may accord such sanction for procecution under the said section.
(2) At the first level, the BEO on noticing violation of the Act or on receipt of a complaint about any violation of the Act by any person, shall issue a notice to the concerned school, management, School Development and Monitoring Committee and seek an explanation within fifteen days from the date of notice. If the reply is not satisfactory or fails to respond to the notice, he shall bring the violation to the notice of the DDPI and the CEO of the Zilla Panchayat.
(3) The DDPI shall cause a visit to the institution and enquire into the alleged violation and make a report to the CEO of the Zilla Panchayat, who shall give reasonable opportunity for such person who has violated and shall pass orders as deem fit. CEO of Zilla Panchayat shall pass such orders within one month under these rules.
(4) The CEO of Zilla Panchayat shall be vested with the powers to take action for any violation of sections 14, 15, 16, 17, 25, 28, 30, of the Act and also any violation under these rules. Detailed guidelines for taking action for such violation shall be issued by the Government.
Form - I
[see rule 11(1) ]
Self Declaration Cum Application for Grant of Recognition of School
(including CBSE. ICSE. GICSE/JBE. Any other Board)
(See Sub-rule (1) of Rule 12 of the Karnataka Right of Children to Free and Compulsory Education Rules, 2011)
To,
### 1. The DDPL ..............District
### 2. BEO. ..............Block
..............District.
Sir,
I forward herewith a self-declaration regarding compliance with the norms and standards prescribed in the Schedule of the Right of Children to Free and Compulsory Education Act, 2009 and and an application in the prescribed proforma for the grant of recognition to ...................................School ............., as per the Karnataka Right of Children to Free and Compulsory Education Rules, 2012, with effect from the commencement of the school year 2012-13.
Yours faithfully(Signature & Seal)Chairman of the Managing Committee/CorrespondentEnclosure:Place:Date:Received on...... by...\_\_\_\_\_\_
Enclosure to Form I
A. School Details
### 1. Name of the School ###
2. Postal Address
### 3. Phone Number With STD
Fax No.
### 4. Education Block ###
5. Education District
### 6. E-mail address ###
7. Jurisdictional Police Station
### 1. General Information ###
1. Year of Starting the Institution
### 2. Name of the Trust/Managing Committee ###
3. Registration Particulars
Along With Registering Authority
(Enclose a copy of certificate)
### 4. Name/Address of the Chairman of the Managing Committee ###
5. Copies of Audited Accounts of the Trust/ Society for the past 3 years
### 2. Nature of the School ###
1. Medium of instruction ...........................
### 2. Type of School/State/CBSE/ICSE/ Any other.................... ###
2. Classes run by the school I to IV/I to V/I to VII/I to VIII/....................................
### 3. Aided/Unaided ###
4. Whether school is recognised
### 5. If so, by which authority ###
6. Recognition No. & Date (enclose a copy)
### 7. Does the school has own building/rented building ###
8. Whether the school buildings/ grounds are used for any other purpose/ non educational activities
### 9. Whether each class has a separate class room D. School Enrolment
Class No. of Sections Boys Girls Total
### 1. Pre- Primary ###
2. Primary I to V
### 3. VI - VIII Total Strength
E. Infrastructure
Infrastructure
### 1. Class rooms with size Average number of children studying in each class Whether each room has suitable age appropriate furniture ###
2. Office and other Rooms
### 3. Library No. of Books
No. of Periodicals/~News Papers
### 4. Laboratory List of equipment
List of AV Equipment
### 5. Sports Materials Games played in the school ###
6. Details of Drinking Water Facility
### 7. Whether all rooms provided with barrier free access ###
8. Number of Urinals/WCs with water facilities
For Boys
For Girls
F. Schedule of Establishment
(Please enclose, along with latest passport size photos of the staff)
G. (a) Details of Curriculum & Syllabus followed in each class from I to VIII
(b) Extra text b00ks/ work books if any prescribed for each class.
Certificates:
### 1. Certified that the information furnished above is true and correct. ###
2. Certified that the institution is open to inspection by any officer authorised by the appropriate authority.
### 3. Certified that the school undertakes to furnish such reports and information as required by the Karnataka State Education Department from time to time, which may be required to remove any deficiency in the working of the school. Chairman, Managing Committee ............................... School
Form - II
[see rule 1(4) ]
Office of the Deputy Director of Public Instruction.
...............District
No..............
Date...............
The Chairman/Correspondent
......................School
......................Block
Subject: Recognition Certificate for the school under sub-rule 4 of Rule 12 of Karnataka Right of Children to Free and Compulsory Education Rules, 2010 and under section 18 of Right of Children to Free and Compulsory Education Act, 2009 .
Sir / Madam
With reference to your application dated. . . . . . . .and subsequent correspondence with the school/inspection by departmental officers, I convey the grant of provisional recognition to the . . . . . . . school, located at. . . . . . . .for classes. . . . . .for a period of three years and subject to fulfilment of following conditions:
### 1. This is a provisional grant of recognition under the RTE Act and rules and is not extendable beyond Class VIII. ###
2. The school shall abide by all the provisions of the RTE Act 2009 and the RTE Rules 2010 referred here in.
### 3. The school shall admit in Class I, to the extent of 25% of the strength of the class, children belonging to weaker sections and disadvantaged groups in the neighbourhood and provide free and compulsory education till completion of elementary education. Provided that if the school admits children in pre-primary classes also, the school shall follow these norms. The children so admitted shall not be discriminated from the rest of the children or segregated or treated separately in any manner. ###
4. For the children referred in paragraph 3, the school shall be reimbursed as per section 12(2) of the Act. In order to receive such reimbursements, the school shall open and maintain a separate bank account which is subject to audit by the department.
### 5. The Society/ School shall not collect any capitation fee or voluntary donations from the parents of children at any time either during admission or during the course of the academic year. The school shall collect only tuition and other fee as approved by the department. The scale of fee shall be notified by the school and displayed prominently in the school premises. ###
6. The school shall not subject the child or the parents to any screening procedure including any test and interview.
### 7. Admissions shall be made only during the period notified by the department. ###
8. The school shall not deny admission to any child
(i) for lack of age proof.
(ii) on grounds of caste, religion, race or place of birth, language.
(iii) If admission is sought subsequent to the extended period of admission
### 9. The school shall ensure: (i) No child admitted shall be held back in any class or expelled from school till completion of elementary education in a school.
(ii) No child shall be subjected to physical punishment or mental harassment.
(iii) No child is required to pass any Board examination till the completion of elementary education.
(iv) Every child completing elementary education shall be awarded a certificate as laid down under Rule 21.
(v) The school shall also admit children with special needs/ special children as per provisions of the Act.
(vi) The teachers recruited have minimum qualifications as is prescribed for elementary school teachers in the RTE Rules.
(vii) The salary and allowances payable to and the terms and conditions of service of teachers shall be as prescribed by the state government and the salaries are paid to teachers only through bank .
(viii) The teachers perform the duties prescribed under section 24(1) of the Act and Rule 17 of the RTE Rules and shall not engage themselves in private tuitions for monitory considerations.
### 10. The school shall follow the curriculum and text books of the academic authority to which it is affiliated. ###
11. The school shall admit students in proportion to the facilities available in the school as prescribed in the section 19 of the Act.
### 12. The school shall maintain the norms and standards as specified in section 19 of the Act. The deficiencies noticed by the departmental staff are given in the annexure. ###
13. The school shall not run any unauthorised c1asses/ sections either with in the school premises or outside.
### 14. The school buildings another infrastructure facilities should not be used either during day or night for any commercial activities or for political and non-educational activities. ###
15. The school shall not be run for profit to any individual or group or association of persons.
### 16. The Accounts of the school are audited by a Charted Accountant and a copy of such audited statements is sent to the DDPI/BEO by end of June every year. Yours faithfully
Deputy Director of Public Instruction
Form - III
[see Rule 8(6) ]
Half Yearly Compliance Report by Private Aided and Unaided Schools
[July and January]
| | |
| --- | --- |
|
(1) Name and Place of School:
|
(2) School DISE code :
|
|
(3) Year of Establishment:
|
(4) Aided / Un-aided / Partly Aided
|
|
(5) Standards in School :
Pre-Nursery. PG1, PG2, Standards 1 to 5. 1 to 7. 1 to 8
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Total Strength
|
Pre-Nursery
|
PG 1
|
PG2
|
Standard I
|
Remarks
|
|
No. of Children admitted under RTE quota
|
.......................
|
.......................
|
.........................
|
...............................
|
This table will get updated for higher standards
along with passage of time
|
|
Proportion
|
......................
|
...........................
|
.....................
|
.................................
|
(6a)
(RTE) children by Sex
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
B
|
G
|
SC
|
ST
|
OBC
|
Minority
|
Others
|
Total
|
(CWSN if any
|
|
|
|
|
|
|
|
|
|
|
Social Category:
(7) Attendance of (RTE) children: [July to December in January Report]
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Range
|
100.00%
|
90 to 99%
|
80 to 89%
|
70 to 79%
|
60 to 69%
|
<60%
|
Total Children
|
|
Specify Nos.
|
|
|
|
|
|
|
|
(8) Performance of RTE Children [in Mid-Term ( if any) / Final Examination]
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Range
|
A+
|
A
|
B+
|
B
|
C+
|
C
|
|
Specify Nos.
|
|
|
|
|
|
|
(9) Did the school organise special training for children whose grades were C+ and C. Yes / No.?
[if yes. give details]
(10) Why is the attendance less than 60 percent for ... Children (as applicable)?
Give reasons
(11) Did any child take a transfer to some ether school? Yes / No.
If yes, give details.
(12) Was any child detained in the previous standard? Yes / No. [Number...]
If Yes.
### 12. (a) . Is it on the basis of (i)
Attendance (ii) Performance (iii) Both or (iv) Discipline.
### 12. (b) . Is special training being given to children under -Sl.No.12 (a) (i) and (13)
Have you received all the entitlements due to be given to RTE children from government ?
[July Report]. Yes / No.
If No, give details of non-receipt.
(14) Have you received reimbursements of unit costs for all children admitted under RTE provisions 'P
Yes / No. If No, give details.
(15) Have you received any written complaints from parents regarding schooling of their children ?
Yes / No. If yes, give details.
### 15. (a) Do you have any serious complaints on parents regarding their children's schooling habits. Yes / No. If yes, give details.
(16) Any other information. would like to report ;
|
65b9aa68ab84c7eca86e9937 | acts |
State of Haryana - Act
------------------------
The Gender Sensitization & Sexual Harassment of Women at the Punjab and Haryana High Court, Chandigarh (Prevention, Prohibition and Redressal) Regulations, 2013
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HARYANA
India
The Gender Sensitization & Sexual Harassment of Women at the Punjab and Haryana High Court, Chandigarh (Prevention, Prohibition and Redressal) Regulations, 2013
==================================================================================================================================================================
Rule THE-GENDER-SENSITIZATION-SEXUAL-HARASSMENT-OF-WOMEN-AT-THE-PUNJAB-AND-HARYANA-HIGH-COURT-CHANDIGARH-PREVENTION-PROHIBITION-AND-REDRESSAL-REGULATIONS-2013 of 2013
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* Published on 21 December 2013
* Commenced on 21 December 2013
The Gender Sensitization & Sexual Harassment of Women at the Punjab and Haryana High Court, Chandigarh (Prevention, Prohibition and Redressal) Regulations, 2013
Published vide Notification No. 223/Rule Cell, dated 21.12.2013
No. 223/Rule Cell. - Whereas gender discrimination and sexual harassment results in violation of the woman's fundamental right to equality under Articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under Article 21 of the Constitution of India as well as right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment under Article 19(1) (g) of the Constitution of India;
And Whereas sensitization against discrimination on basis of gender and the protection against sexual harassment and the right to work with dignity are universally recognized human rights by international convention and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India;
And Whereas it is expedient to make provisions for giving effect to the Constitution of India and the said Convention for protection of women against sexual harassment at High Court of Punjab and Haryana, Chandigarh precincts;
And Whereas it is necessary to provide for gender sensitisation in working environment and protection against sexual harassment of women at the High Court of Punjab and Haryana, Chandigarh precincts and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto;
And Whereas according to the decision in Vishaka v. State of Rajasthan rendered by the Hon'ble Supreme Court in its judgment dated 13 August 1997, in Writ Petition (Crl.) No. 666-70/92 it is necessary to provide for the protection of women;
And Whereas in the judgment of the Supreme Court in Medha Kotwal Lele v. Union of India & Others, rendered by the Supreme Court on 19 October 2012 reported in (2013) 1 SCC 297, the necessity of protecting women from any form of indecency, indignity and disrespect in all places (in their homes as well as outside), has been emphasized and it has been directed to provide new initiatives of education and advancement of women and girls in all spheres of life and the further directions given in the said judgment including the directions with regard to the need to give instructions/circulars by all statutory bodies such as the Bar Council of India, Bar Associations and State Bar Councils, and the liberty granted in the said judgment to approach the respective courts and the directions to the courts to effectively consider the grievances raised in this regard;
And Whereas having regard to the aforesaid, as well as, keeping in view the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 notified by the Government of India in the Government of India Gazette dated 22.04.2013, Hon'ble the Chief Justice and Judges hereby make the following Regulations as a comprehensive code for prevention of sexual harassment of women within the precincts of Punjab and Haryana High Court, Chandigarh and for redressal of any complaint that may be lodged in the High Court:-
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) These Regulations may be called "The Gender Sensitization & Sexual Harassment of Women at the Punjab and Haryana High Court, Chandigarh (Prevention, Prohibition and Redressal) Regulations, 2013".
(2) They shall come into force w.e.f. the date of notification.
### 2. Definitions.
- In these Regulations, unless the context otherwise requires:-
(a) "aggrieved woman" means, in relation to the Punjab and Haryana High Court, any female of any age, whether employed or not, who is subjected to any act of sexual harassment by any person in the Punjab and Haryana High Court, Chandigarh precincts;
(b) "Appropriate Authority" means in relation to the Punjab and Haryana High Court, the sitting Chief Justice of Punjab and Haryana High Court;
(c) "Chairperson" means the Chairperson of the Punjab and Haryana High Court Gender Sensitization and Internal Complaints Committee (GSICC);
(d) "Chief Justice" in context of the present Regulations means the sitting Chief Justice of Punjab and Haryana High Court;
(e) "habitual Respondent" is a person against whom a previous complaint of sexual harassment has been received by the GSICC on earlier occasion, irrespective of whether the matter was resolved with or without an inquiry and except where the Respondent has been exonerated in the previous complaint;
(f) "GSICC" means the Punjab and Haryana High Court Gender Sensitisation and Internal Complaints Committee constituted under Regulations 4;
(g) "Internal Sub-Committee" means the Sub-Committee set up under Regulations 9;
(h) "Member" means a Member of the GSICC;
(i) "Prescribed" means prescribed by the present Regulations;
(j) "Respondent" means a person against whom the aggrieved woman has made a Complaint under the present Regulations and who is employed in any capacity and who pursues a career or business in the precincts of Punjab and Haryana High Court, Chandigarh.
(k) "Sexual harassment" includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:-
(i) physical contact and advances;
(ii) a demand or request for sexual favours;
(iii) making sexually coloured remarks;
(iv) showing or exhibiting pornography and/or sexually explicit material by any means;
(v) sending undesirable sexually coloured oral or written messages, text messages, e-mail messages, or any such messages by electronic, manual or other means;
(vi) stalking or consistently following aggrieved woman in the Punjab and Haryana High Court precincts and outside;
(vii) voyeurism including overt or tacit observation by the Respondent by any means of the aggrieved woman in her private moments;
(viii) any conduct whereby the Respondent takes advantage of his position and subject the aggrieved woman to any form of sexual harassment and seeks sexual favours specially while holding out career advancements whether explicitly or implicitly, as an incentive or a natural result of submitting to the insinuations/ demands of the Respondent;
(ix) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
(x) implied or explicit promise of preferential treatment in her career or profession;
(xi) implied or explicit threat of detrimental treatment in her career or profession;
(xii) implied or explicit threat about her present or future career or profession;
(xiii) interferes with her work or creating an intimidating or offensive or hostile work environment for her; or
(xiv) any treatment having a sexual colour or content likely to affect her emotional and/or physical health or safety.
(l) "Punjab and Haryana High Court precincts" means the whole premises of the Punjab and Haryana High Court including the Court Block, open grounds, parking, old and new Chamber Blocks, libraries, canteens, bar-rooms, health center and/or any other part of the premises under the control of the Chief Justice of Punjab and Haryana High Court.
(m) "Volunteer' means lawyers or other persons enlisted by the GSICC without any remuneration basis for carrying out the objects and purpose of these Regulations.
### 3. Prevention of sexual harassment.
- No woman shall be subjected to sexual harassment at the Punjab and Haryana High Court precincts.
Chapter II
Composition & Constitution of Gender Sensitisation & Internal Complaints Committee
--------------------------------------------------------------------------------------------------
### 4. Constitution of the Gender Sensitization & Internal Complaints Committee.
(1) The Punjab and Haryana High Court GSICC is constituted therein to fulfill a very important public function of sensitizing the public to gender issues and to address any complaints made with regard to sexual harassment at the Punjab and Haryana High Court precincts.
(2) The Chief Justice shall, by an order in writing, constitute a Committee to be known as the "Punjab and Haryana High Court Gender Sensitisation and Internal Complaints Committee" (GSICC) which shall consist of not less than 7 members and not more than 13 members and shall include the following as far as practicable:-
(a) one or two Judges of Punjab and Haryana High Court, one of whom shall be the Chairperson of the Committee, to be nominated by the Chief Justice;
(b) one or two senior members of Punjab and Haryana High Court Bar Association, with at least 20 years of membership of the Punjab and Haryana High Court Bar Association to be nominated by the Hon'ble Chief Justice, one of whom being woman;
(c) Joint Secretary (reserved for women) of the High Court Bar Association;
(d) one woman member being a member of the Punjab and Haryana High Court Bar Clerks Association to be nominated by its executive body;
(e) at least one and at the most two outside members to be nominated by the Chief Justice.
(f) one woman officer in the Service of the Punjab and Haryana High Court not below the rank of Deputy Registrar to be nominated by the Hon'ble Chief Justice, who shall function as the Member Secretary of the GSICC; and
(g) any other member that the Chief Justice may deem fit to nominate.
(h) one woman office bearer of Punjab and Haryana High Court Employees Union.
Provided that it shall be ensured that the majority of the members of GSICC shall be woman members.
(4) The outside Member appointed under Clause 4(2)(e) shall be paid such fees or allowances from the allocated funds for holding the proceedings of the GSICC as may be prescribed.
(5) Where the Chairperson or any Member of the GSICC
(a) has been convicted for an offence or any inquiry into an offence under any law for the time being in force is pending against him/her;
(b) fails to constitute an Internal Sub-Committee to inquire into a particular complaint;
(c) fails to take action under Regulation 11;
(d) contravenes or attempts to contravene or abets contravention of other provisions of these Regulations or any notifications/orders issued thereunder; or
(e) in the opinion of the Chief Justice has so abused his/her position as to render his/her continuance in office prejudicial to the exercise of functions of the GSICC;
such Chairperson or Member, as the case may be, shall stand removed forthwith from the GSICC by a written order of the Chief Justice and the vacancy so created shall be filled by fresh nomination/election in accordance with the provisions of these Regulations.
### 5. Term of Gender Sensitization & Internal Complaints Committee members.
- The term of each member of the GSICC shall be for one year and a member who has been removed under Regulations 4(5) shall not be eligible for re-nomination or re-election.
### 6. Meetings of the Gender Sensitisation & Internal Complaints Committee.
(1) The GSICC shall meet at least once in four months in a calendar year.
(2) Members shall be intimated of meetings and agenda in writing and/or by electronic communication by the Member Secretary.
(3) Minutes of all meetings shall be recorded, confirmed and adopted. The Member Secretary shall circulate the minutes of a meeting and the Resolutions so passed to all Members of the GSICC within 7 days of the holding of the meeting or the passing of the Resolution.
(4) The Ordinary Meeting shall be called by the Chairperson with minimum seven days notice to all members:
Provided that any member of the GSICC may, at any time, request the Chairperson to call an Emergency Meeting with a notice of forty-eight hours.
Provided further that the Chairperson may convene an emergency meeting with twenty-four hours' notice.
(5) The quorum for all Meetings shall be one-third of the members of the GSICC. In the event the quorum is not completed for any meeting, an adjourned meeting shall be held within the next 10 days following, for which no quorum shall be required.
(6) All motions shall be carried by a simple majority of those present and voting at all meetings, except where it is specifically provided for.
(7) Whenever a Complaint is received or a Report of the Internal Sub- Committee is submitted, the Member-Secretary shall within a period of 7 days request the Chairperson to call either an Ordinary or Emergency Meeting to take action on the same, and the Chairperson shall call a meeting for this purpose not later than 15 days from the date of the Complaint or the Report.
(8) If a Member does not attend three consecutive meetings he/she shall be liable to removal forthwith by the Chief Justice, and the vacancy so created shall be filled in accordance with Regulations.
### 7. Functions of the Gender Sensitization & Internal Complaints Committee.
(1) The GSICC shall be responsible for framing a Policy from time to time and its implementation with regard to gender sensitization and prevention and redressal of Sexual Harassment in the Punjab and Haryana High Court precincts.
(2) Gender Sensitization and Orientation: The GSICC shall take the following steps with regard to gender sensitization and orientation:-
(i) the prominent publicity of the Policy on gender sensitization and prevention and redressal of Sexual Harassment of the Punjab and Haryana High Court precincts such as the Court Building, old and new Chamber Blocks, library, health centre, canteens etc.
(ii) organization of programmes for the gender sensitization of the Punjab and Haryana High Court community through workshops, seminars, posters, film shows, debates, displays, etc.
(iii) submission of an Annual Report by December 31 every year to the Chief Justice which shall be made public outlining the activities undertaken by it and charting out a blueprint for the activities/steps to be taken up in the following year along with necessary budget allowances required by it. The GSICC shall include in its Annual Report the number of cases filed, if any, and their disposal under these Regulations in the annual report.
(iv) enlisting of the help of NGO's, association, volunteers, lawyers, lawyer's bodies, or the concerned legal services authorities to carry out these programmes.
(v) enlisting and activating of an adequately representative team of volunteers and ensuring the widespread publicity of the contact details (both official and personal) of all its members and volunteers. The services of such volunteers shall be available at all times to any aggrieved woman or any person in need of consultation or guidance. Volunteers will also assist in the gender sensitization, crisis mediation and crisis management duties of GSICC, but shall not participate in the task of formal redressal of complaints under these Regulations and Procedures.
(vi) organizing and training members and volunteers to equip them to handle sexual harassment cases including legal and medical aspects of aid.
(3) Crisis Management and Mediation - GSICC shall ensure that there is quick and responsive crisis management, counselling and mediation available to all aggrieved women expeditiously which shall include the following activities:-
(i) assistance in the mediation of crisis arising out of incidents of sexual harassment at the Punjab and Haryana High Court precincts.
(ii) No mediation shall conclude without approval of the GSICC, and the mediated settlement shall be effected and be enforceable only upon it being duly approved by the GSICC which shall satisfy itself that the said mediation settlement is voluntary, fair, unbiased, and free from any extraneous consideration or influence.
GSICC will coordinate with the Punjab and Haryana High Court Security Services to devise ways and means by which a system of prevention of and crisis management that is both gender-sensitive as well as prompt and effective is put in place. It will maintain regular contact through the Member Secretary with the Punjab and Haryana High Court Security Services to ensure that in crisis arising out of incidents of sexual harassment, GSICC members, and/or the volunteers identified by it, shall be intimated of such incidents without delay.
(4) Complaint Redressal - The GSICC shall ensure that every complaint of an aggrieved woman is adequately dealt with in accordance with the established procedure and with complete sensitivity. The GSICC shall have the power to inquire into and pass orders against the Respondent/deviant/delinquent in a complaint made in relation to any form of sexual harassment in the entire precincts of the Hon'ble Punjab and Haryana High Court.
Chapter III
Complaint & Inquiry into Complaint
---------------------------------------------------
### 8. Complaint of Sexual Harassment.
(1) Any aggrieved woman may make a complaint in writing of sexual harassment at the Punjab and Haryana High Court precincts to the GSICC through the Member Secretary in accordance with the form and procedure so notified by it: Provided that where the aggrieved woman is unable to make such a complaint in writing due to any reason, the Member of the GSICC or volunteer, as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing.
(2) Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or for any other reason, her legal heir or such other person directly concerned with her interests may make a complaint under this Regulation.
### 9. Inquiry into complaint.
(1) On receiving a complaint or reliable information, the GSICC shall constitute an Internal Sub-Committee to conduct a fact finding inquiry, which shall comprise of three members of the GSICC itself, or such other persons as to be so nominated by the GSICC in its meeting, with majority members being women, and at least one person being an outside member.
(2) The Internal Sub-Committee shall conduct an inquiry and shall hear and duly record the statements of the aggrieved woman, the Respondent, and any other person, who, in the opinion of the Committee, is necessary to be examined subject to the provisions of Regulation 13(2), and thereafter, it shall prepare a Report and enclose therein the complete proceedings of the Inquiry.
(3) The fact-finding inquiry into a Complaint shall be conducted and completed as far as possible within 90 days of the constitution of the Internal Sub-Committee.
### 10. Inquiry Report.
(1) On the completion of an inquiry under these Regulations, the Internal Sub-Committee shall provide the Inquiry Report of its findings alongwith the complete record of the inquiry proceedings including the pleadings and all the material on record to the GSICC within a period of ten days from the date of completion of the inquiry and such Report shall also be made available to the concerned parties.
(2) Where the Internal Sub-Committee arrives at the conclusion that the allegation against the Respondent has not been proved, it shall recommend to the GSICC that no action is required to be taken in the matter.
(3) Where the Internal Sub-Committee arrives at the conclusion that the allegation against the Respondent has been proved, it shall recommend to the GSICC to take appropriate action for gender discrimination and/or sexual harassment.
(4) Upon consideration of the material on record and the Inquiry Report of the Internal Sub-Committee, if more than two-thirds of the members of the GSICC differ from the conclusion of the Internal Sub-Committee, the GSICC shall after hearing the aggrieved woman and Respondent in person, record its reasons to so differ and take consequent action accordingly.
(5) The GSICC shall pass orders either accepting or rejecting the Inquiry Report of the Internal Sub-Committee and thereafter pass consequent orders that may be appropriate and necessary for putting an end to the sexual harassment and take all steps to secure justice to the victim of sexual harassment as far as possible within 45 working days of submission of the Inquiry Report of the Internal Sub-Committee.
### 11. Orders on Inquiry Report.
(1) Subject to Regulation 9(1) above, the GSICC shall have the power to pass the following orders to secure justice to the victim of sexual harassment:
(a) admonition;
(b) admonition with publication of such admonition in the Court precincts including cause lists and Punjab and Haryana High Court Website;
(c) prohibition from harassing the victim in any manner including, but not limited to, prohibition from communicating with her in any manner such as phones, messages, electronic means, physical or other means for a specified period; and
(d) subject to Regulation 11(2), pass all orders, directions, and/or direct taking steps necessary for putting an end to the sexual harassment of the aggrieved woman.
(2) GSICC will also have the power to recommend to the Chief Justice to pass orders against the Respondent including, but not limited, to the following:
(a) debarment of entry into the Punjab and Haryana High Court precincts for a specified period extending upto a maximum period of one year; and
(b) in appropriate cases, to recommend filing of a criminal complaint and/or a disciplinary complaint before the concerned disciplinary authority governing the Respondent for taking appropriate action, and the Chief Justice may pass orders thereon subject to Regulation 12.
(3) The GSICC shall pass orders on the Inquiry Report and/or shall make recommendations to the Chief Justice within 45 working days of the submission of the Inquiry Report, excluding the period of vacation of the Punjab and Haryana High Court and communicate the same to the parties forthwith.
(4) The GSICC and the Internal Sub-Committee shall have the jurisdiction to inquire into a complaint and take any action thereon notwithstanding that any criminal complaint or any other complaint under any other law (including a disciplinary proceeding under the Advocates Act, 1961) may have been filed with respect to the same complaint/action.
(5) The orders of the Chief Justice and the GSICC shall be final and binding on the parties.
### 12. Representation.
(1) Any person aggrieved by the order passed (or not passed) by the GSICC under Regulation 11(1), or recommendation made by the GSICC to the Chief Justice under Regulation 11(2), or non-implementation of such orders or action, may make a representation to the Chief Justice who shall have the power to set aside or modify the orders passed or the recommendation made as the Chief Justice may deem fit, and also have the power to issue such orders or directions that may be necessary to secure complete justice to the victim of sexual harassment.
(2) The representation under Regulation 12(1) shall be preferred within a period of ninety days of communication of the order or recommendation.
### 13. Restraint Order.
(1) On the receipt of a Complaint and during the pendency of an Inquiry, on a written request made by the aggrieved woman, the GSICC if it considers fit and proper, may recommend specific interim measures to be taken in a signed decision to the Chief Justice, who on receipt thereof, may pass such interim orders that may be required for the personal safety and for safeguarding the dignity of the aggrieved woman, and both the aggrieved woman and the Respondent shall be bound by the same.
(2) Upon disobedience, defiance or violation of the order passed under clause (1) above by the Respondent, the GSICC shall close and/or strike off the defence of the Respondent and pass final orders under Regulation 10(5) and Regulation 11.
Chapter IV
Powers & Duties
-------------------------------
### 14. Powers of GSICC & Internal Sub-Committee.
(1) The GSICC shall have the power to issue circulars/notifications prescribing its procedure and for the purpose of carrying out and implementing the provisions of the present Regulations in their spirit and intent.
(2) The GSICC shall have the power to pass any orders to be able to carry out the objectives and mandate of the present Regulations, which shall include directing any party or person to take any suitable action.
(3) For the purpose of making an inquiry, the GSICC and the Internal Sub- Committee shall have the same powers as are vested in Civil Court under the Code of Civil Procedure, 1908 when 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; and
(c) any other matter which may be prescribed.
(4) The GSICC, by resolution to be passed by two-third majority, may remove any member of the Internal Sub-Committee and appoint a new member in his/ her place, only if it is of the view that such a member has acted prejudicially to the principles of natural-justice, fair-play and has acted with bias in the conduct of the Inquiry.
(5) The GSICC shall, at all times, have supervisory powers over the Internal Sub-Committee and it may issue directions to the Internal Sub-Committee from time to time in accordance with the provisions of the present Regulations.
### 15. Duties.
- The GSICC, in coordination with and with the assistance of the office of the Punjab and Haryana High Court, shall-
(a) take measures to provide a safe working environment at the Punjab and Haryana High Court precincts;
(b) display at any conspicuous place in the Punjab and Haryana High Court precincts and on its web-site, the penal consequences of sexual harassments and the order constituting the Internal Committee under the present Regulations;
(c) display at any conspicuous place in the Punjab and Haryana High Court and on its web-site, the status and outcome of complaints of sexual harassment;
(d) organize workshops and awareness programmes at regular intervals for sensitizing the persons carrying out work at the Punjab and Haryana High Court precincts with the provisions of the present Regulations and orientation programmes for the members of the Internal Committee in the manner as may be prescribed;
(e) provide necessary facilities to the Internal Sub-Committee for dealing with the complaint and conducting an inquiry;
(f) assist in securing the attendance of respondent and witnesses before the Internal Sub-Committee;
(g) obtain such information for the Internal Sub-Committee as it may require having regard to the complaint;
(h) cause to initiate action, under the Indian Penal Code or any other law for the time being in force, against the Respondent and/or the perpetrator;
(i) monitor the timely submission of reports by the Internal Sub- Committee; and
(j) take any other action and/or measures to ensure effective and meaningful implementation of the present Regulations.
Chapter V
Miscellaneous
----------------------------
### 16. Confidentiality.
(1) The contents of the complaint made under the present Regulations, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to the inquiry proceedings, recommendations of the GSICC and the action taken by the GSICC shall be confidential and shall not be published, communicated or made known to the public, press and media in any manner except upon the aggrieved woman submitting a specific request to do so in writing and upon the GSICC acceding to the said request.
(2) Upon the Respondent being found guilty, information may be disseminated regarding the justice secured to any victim of sexual harassment under these Regulations without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.
### 17. Protection of action taken in good faith.
- No suit, prosecution or other legal proceedings shall lie against the Chief Justice, GSICC and the Internal Sub-Committee or its members in respect of anything which is done or intended to be done in good faith in pursuance of these Regulations, and the circulars/orders/notifications issued thereunder.
### 18. Allocation of funds.
- The Chief Justice may, subject to the availability of financial and other resources, allocate and provide suitable funds as may be prescribed:-
(a) for the effective implementation of the present Regulations;
(b) for development of relevant information, education, communication and training materials, for organization of awareness programmes, and for advancement of the understanding of the public of the provisions of these Regulations; or
(c) for organizing orientation and training programmes for the members of the GSICC, Internal Sub-Committee, volunteers, counselors etc.
### 19. Regulations not in derogation of any other law.
(1) The provisions of these Regulations shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
(2) The provisions of the present Regulations shall not bar any Court from taking cognizance of any offence punishable under any other enactment or law.
|
65ba7350ab84c7eca86eb653 | acts |
Union of India - Act
----------------------
Public Debt Act, 1944
-----------------------
UNION OF INDIA
India
Public Debt Act, 1944
=======================
Act 18 of 1944
----------------
* Published on 30 April 1946
* Commenced on 30 April 1946
Public Debt Act, 1944
[18 OF 1944]
### 1821. In clause (b) we have restored the wording employed in clause (b) of sub-section (1) fo Section 4 of the Act of 1920, which speaks of a security payable to two or more persons severally and provides merely for that security becomeing payable to the survivor. The proviso which is intended to govern the whole clause has been clarified by the substitution of the words in this section for the word herein and has now been printed separately as an addendum to the clause as a whole instead fo being included in sub-clause (b)-S.C.R. Gaz. of Ind. 1944, Part V, page 85.
An Act to consolidate and amend the law relating to Government securities [\*\*\*]
[The words issued by the Central Government were omitted by the Public Debt (Central Government) Amendment Act, 1949 (6 of 1949) Section 2 (1.4.1949)]
and to the management by the Reserve Bank of India of the public debt of [the Government]
[Substitued for the words the Union and the Part A States by the Public Debt (Amendment) Act, 56 (57 of 1956), Section 2 (15-10-1956)]
.
Whereas it is expedient to consolidate and amend the law relating to Government securities [\*\*\*]
[The words issued by the Central Government were omitted by the Public Debt (Central Government) Amendment Act, 1949 (6 of 1949) Section 2 (1.4.1949)]
and to the management by the Reserve Bank of India of the public debt of [the Government]
[Substitued for the words the Union and the Part A States by the Public Debt (Amendment) Act, 1956 (57 of 1956), Section 2 (15-10-156)]
;
It is hereby enacted as follows:--
### 1. Short title and commencement.
(1) This Act may be called the Public Debt [x]
[The words and brackets (Central Government were omitted by the Public Debt (Central Government) Amendment Act, 1949 (6 fo 1949), Section 3 (1-4-1949)]
Act, 1944.
(2) [\* \* \*]
[Sub-Section (2) was omitted by the Public Debt (Amendment) Act, 1956 (57 of 1956), Section 3 (15-10-1956)]
(3) It shall come into force on such date 5as the Central Government may, by notification in the Official Gazette, appoint in this behalf.
[1-A. Securities to which this Act applies.
[Inserted by the Public Debt (Amendment) Act the following enactments are, subject to a saving clause, repeated, namely, (1) the Madhya Bharat Public Debt Act 1953 (2) the Mysore Public Act act, 1953 (3) the Saurashtra Public Debt Act, 1953; and (4) the Travancore-Cochin Public Act, 1954]
- This Act applies to Government securities created and issued whether before or after the commencement of this Act by the Central Government or a State Government [\*\*\*]]
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,--
(1) "the Bank" means the Reserve Bank of India;
(1A)
[ "the Government", in relation to any Government security, means the Central or State Government issuing the security;]
[Inserted by the Public Debt (Central Government)Amendment Act, 1949 (6 fo 1949), Section 4 (1-4-1949)]
(2) "Government security" means--
(a) a security, created and issued, [by the Government]
[Substitued for the words whether before or after the commencement of this Act, by the Central Government or a State Government by the Public Debt (Amendment) Act, 1956 (57 of 1956), Section 5 (15-10-1956)]
for the purpose of raising a public loan, and having one of the following forms, namely:--
(i) stock transferable by registration in the books of the Bank; or
(ii) a promissory note payable to order; or
(iii) a bearer bond payable to bearer; or
(iv) a form prescribed in this behalf;
(b) any other security created and issued by [the Government]
[Substitued for the words the Central Government or a State Government by the Public Debt (Amendment) Act, 1956 (57 of 1956), Section 5 (15-10-1956)]
in such form [\*\*]
[For forms prescribed, section G.S.R. 1209, Gaz, of Ind, 12-8-1967, Part II, Section 3(i) , page 1301 and G.S.R. 569, Gaz of Ind, 4-4-1970, Part Ii, Section 3(i), page 1271]
and for such of the purposes of this Act as may be prescribed;
(3) "prescribed" means prescribed by rules made under this Act;
(4) "promissory note" includes a treasury bill.
### 3. Transfer of Government securities.
(1) [Subject to the provisions of section 5, a transfer of a Government security shall be made only in the manner prescribed for the making of transfers of securities of the class to which it belongs, and no transfer of a Government security which-]
[Substitued for the opening paragraph of sub-section (1) , by 3 A.L.O. 1956 (w.e.f. 1-11-1956)]
(i) is made after the 30th April, 1946, in the case of a security issued by the Central Government,
(ii) is made after the 31st March, 1949, in the case of a security issued by the Government of a Part A State,
(iii) is made after the 14th October, 1956, in the case of a security issued by the Government of a Part B State other than Jammu and Kashmir, [\*\*\*]
[Words and at the end of Cl. (iii) omitted and the word added at the end in clause (iv) and after that clause new clause (v) added by the Public Debt (Amendment) Act, 1972 (44 of 1972), Section 3 (w.e.f. 1-9-1972)]
(iv) is made on or after the 1st day of November, 1956, in the case of a security issued on or after that day by the Government of any State other than Jammu and Kashmir, [and]
[Words and at the end of Cl. (iii) omitted and the word added at the end in clause (iv) and after that clause new clause (v) added by the Public Debt (Amendment) Act, 1972 (44 of 1972), Section 3 (w.e.f. 1-9-1972)]
shall be valid if--
(a) it does not purport to convey the full title to the security, or
(b) it is of such a nature as to affect the manner in which the security was expressed by [the Government]
[Substitued for the words the Central Government by the Public Debt (Central Government) Amendment Act, 1949 (6 of 1949) Section 6 (1-4-1949)]
to be held.
(v) is made on or after the 1st day of September, 1972, in the case of a security issued on or after that day by the Government of the State of Jammu and Kashmir,]
[Words and at the end of Cl. (iii) omitted and the word added at the end in clause (iv) and after that clause new clause (v) added by the Public Debt (Amendment) Act, 1972 (44 of 1972), Section 3 (w.e.f. 1-9-1972)]
(2) Nothing in this section shall affect any order made by the Bank under this Act, or any order made by a Court upon the Bank.
### 4. Transferor of Government securities not liable for amount thereof.
- Notwithstanding anything contained in the Negotiable Instruments Act, 1881 (
26 of 1881
), a person shall not, by reason only of his having transferred a Government security, be liable to pay any money due either as principal or as interest thereunder.
### 5. Holding of Government securities by holders of public offices.
(1) In the case of any public office to which [the Government]
[Subtitued for the words the Central Government by the Public Debt (Central Governemnt) Amendment Act, 1949 (6 of 1949) Section 6 (1-4-1949)]
may, by notification in the Official Gazette, declare this sub-section to apply, a Government security in the form of stock or of a promissory note may be held in the name of the office.
(2) When a Government security is so held, it shall be deemed to be transferred without any or further endorsement or transfer deed from each holder of the office to the succeeding holder of the office on and from the date on which the latter takes charge of the office.
(3) When the holder of the office transfers to a party not being his successor in office a Government security so held, the transfer shall be made by the signature of the holder of the office and the name of the office in the manner and subject to the conditions laid down in section 3.
(4) This section applies as well to an office of which there are two or more joint holders as to an office of which there is a single holder.
### 6. Notice of trust not receivable.
(1) No notice of any trust in respect of any Government security shall be receivable by [the Government]
[Subtitued for the words the Central Government by the Public Debt (Central Governemnt) Amendment Act, 1949 (6 of 1949) Section 6 (1-4-1949)]
, nor shall the Government be bound by any such notice even though expressly given, nor shall [the Government]
[Subtitued for the words the Central Government by the Public Debt (Central Governemnt) Amendment Act, 1949 (6 of 1949) Section 6 (1-4-1949)]
be regarded as a trustee in respect of any Government security.
(2) Without prejudice to the provisions of sub-section (1), the Bank may, as an act of grace and without any liability to the Bank or to [the Government]
[Subtitued for the words the Central Government by the Public Debt (Central Governemnt) Amendment Act, 1949 (6 of 1949) Section 6 (1-4-1949)]
, record in its books such directions by the holder of stock for the payment of interest on, or of the maturity value of, or the transfer of, or such other matters relating to, the stock as the Bank thinks fit.
### 7. Persons whose title to a Government security of a deceased sole holder may be recognised by the Bank.
- Subject to the provisions of section 9 the executors or administrators of a deceased sole holder of a Government security and the holder of a succession certificate issued under Part X of the Indian Succession Act, 1925 (
39 of 1925
), shall be the only persons who may be recognised by the Bank as having any title to the Government security:
Provided that nothing in this section shall bar the recognition by the Bank of the manager or the sole surviving male member of a Hindu undivided family governed by the Mitakshara Law as having a title to a Government security, when the security appeals to the Bank to stand in the name of a deceased member of the family and an application is made by such manager or sole surviving member for recognition of his title and is supported by a certificate signed by such authority and after such inquiry as may be prescribed to the effect that the deceased belonged to a Hindu undivided family governed by the Mitakshara Law, that the Government security formed part of the joint property of the family, and that the applicant is the managing or sole surviving male member of the family.
Explanation. - The expression "Hindu undivided family governed by the Mitakshara Law" shall, for the purposes of this section, be deemed to include a Malabar tarwad.
### 8. Right of survivors of joint holders or several payees.
- Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872 (
9 of 1872
),--
(a) when a Government security is held by two or more persons jointly and either or any of them dies, the title to the security shall vest in the survivor or survivors of those persons, and
(b) when a Government security is payable to two or more persons severally and either or any of them dies, the security shall be payable to the survivor or survivors of those persons or to the representative of the deceased or to any of them:
Provided that nothing contained in this section shall effect any claim which any representative of a deceased person may have against the survivor or survivors under or in respect of any security to which this section applies.
Explanation. - For the purposes of this section a body incorporated or deemed to be incorporated under the Companies Act, 1956 (
[1 of 1956
)]
[Substitued for the words a body incorporated under the Indian Companies act, 19713 by the Public Debt (Amendment) Act, 1956 (57 of 1956), Section 7 (15-10-1956)]
, or the Co-operative Societies Act, 1912 (2 of 1912), or any other enactment for the time being in force whether within or without [India]
[Substitued for the words the provinces by A.L.O. is dissolved]
, relating to the incorporation of associations of individuals, shall be deemed to die when it is dissolved.
### 9. Summary procedure on death of holder of Government securities not exceeding five thousand rupees face value.
- Notwithstanding anything contained in section 7, if within six months of the death of a person who was the holder of a Government security or securities the face value of which does not in the aggregate exceed five thousand rupees, probate of his will or letters of administration of his estate or a succession certificate issued under Part X of the Indian Succession Act, 1925 (
39 of 1925
), is not produced to the Bank, or proof to the satisfaction of the Bank that proceedings have been instituted to obtain one of these is not furnished, the Bank may determine who is the person entitled to the security or securities, or to administer the estate of the deceased and may make an order vesting the security or securities in the person so determined.
[9-A. Application of sections 9B, 9C, etc.
[Sections 9-A, 9-B and 9-C were inserted by the Public Debt (Amendment) Act 1959 (44 of 1959), Section 2 (with effect from 1-8-1960)]
- Notwithstanding anything contained in section 1A, the provisions of sections 9B and 9C and the power to make rules in relation to any of the matters referred to in sections 9B and 9C shall apply only to such classes of Government securities created and issued by the Central Government, whether before or after the commencement [
**] of the Public Debt (Amendment) Act, 1959 (44 of 1959), as that Government may, by notification [**
]
[Provisions of Section 9-B and 9-C have been applied to the securities created in the form of 10-Year Defence Deposit Certificates-Sections G.S.R. 1472, Gaz. of Ind., 1962, Part II, Section 3(i) , page 1786, and also to securities in the form of Defence Certificates-Section G.S.R. 1734, Gaz. of Ind. 22-12-11962, aprt Ii, Section 3(i), page 2095]
in the Official Gazette, specify, and in relation to such classes of securities the provisions of sections 7 and 9 shall have effect subject to the provisions contained in sections 9B and 9C.]
[9-B. Nominations by holders of Government securities.
[Sections 9-A, 9-B and 9-C were inserted by the Public Debt (Amendment) Act 1959 (44 of 1959), Section 2 (with effect from 1-8-1960)]
(1) Notwithstanding anything contained in any law for the time being in force or any disposition, whether testamentary or otherwise, in respect of a Government security, where a nomination made in the prescribed manner purports to confer on any person the right to receive payment of the amount for the time being due on the security on the death of the holder thereof, the nominee shall, on the death of the holder of the security, become entitled to the security and to payment thereon to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner.
(2) Any nomination referred to in sub-section (1) shall become void if the nominee predeceases, or where there are two or more nominees all the nominees predecease, the holder of the security making the nomination.
(3) A transfer of a Government security made in the prescribed manner shall automatically cancel a nomination previously made:
Provided that where a Government security is held by or on behalf of any person as a pledgee or by way of security for any purpose, such holding shall not have the effect of cancelling a nomination, but the right of the nominee shall be subject to the right of the person so holding it.
(4) Where the nominee is a minor it shall be lawful for the holder of a security to appoint in the prescribed manner any person to receive the amount for the time being due on the security in the event of his death during the minority of the nominee, and, where any such appointment has been made, the Government security shall, after the death of the holder and during the minority of the nominee, be deemed to be vested in that person as representing the minor.]
[9-C. Payment on death of holder.
[Sections 9-A, 9-B and 9-C were inserted by the Public Debt (Amendment) Act 1959 (44 of 1959), Section 2 (with effect from 1-8-1960)]
(1) If a person dies and he is at the time of his death the holder of a Government security and there is in force at the time of his death a nomination in favour of any person, the amount for the time being due on the security shall be paid to the nominee.
(2) Where the nominee is a minor, the amount for the time being due on the Government security shall be paid--
(a) in any case where a person has been appointed to receive it under sub-section (4) of section 9B, to that person; and
(b) where there is no such person, to the guardian of the minor for the use of the minor.
(3) Where the amount due for the time being on a Government security is payable to two or more nominees and either or any of them is dead, the title to the security shall vest in the survivor or survivors of those nominees and the amount for the time being due thereon shall be paid accordingly.
(4) Nothing contained in this section shall be deemed to require any person to accept payment of the amount due on a Government security before it has reached maturity or otherwise than in accordance with the terms of the security.
(5) Any payment made in accordance with the provisions of this section of the amount due for the time being on a Government security shall be a full discharge in respect of the security:
Provided that nothing contained in this section or in section 9B shall affect any right or claim which any person may have against the person to whom any payment is made under this section.]
### 10. Government securities not exceeding five thousand rupees face value belonging to minor or insane person.
- When a Government security or securities belonging to a minor or a person who is insane and incapable of managing his affairs and the face value of the security or securities does not in the aggregate exceed five thousand rupees, the Bank may make such order as it thinks fit for the vesting of such security or securities in such person as it considers represents the minor or insane person.
### 11. Issue of duplicate securities and of new securities on conversion, consolidation, subdivision or renewal.
(1) If the person entitled to a Government security applies to the Bank alleging that the security has been lost, stolen or destroyed, or has been defaced or mutilated, the Bank may, on proof to its satisfaction of the loss, theft, destruction, defacement or mutilation of the security, subject to such conditions and on payment of such fees as may be prescribed, order the issue of a duplicate security payable to the applicant.
(2) If the person entitled to a Government security applies to the Bank to have the security converted into a security of another form, or into a security issued in connection with another loan or to have it consolidated with other like securities, or to have it subdivided, or to have it renewed, the Bank may, subject to such conditions and on payment of such fees as may be prescribed, cancel the security and order the issue of a new security or securities.
(3) The person to whom a duplicate security or a new security is issued under this section shall be deemed for the purposes of section 19 to have been recognised by the Bank as the holder of the security; and a duplicate security or new security so issued to any person shall be deemed to constitute a new contract between [the Government]
[Substitued for the words the Central Government by the Public Debt (Central Governemnt) Amendment Act, 1949 (4 of 1949), Section 6 (1-4-1949)]
and such person and all persons deriving title thereafter through him.
### 12. Summary determination by the Bank of title to Government security in case of dispute.
(1) If the Bank is of opinion that a doubt exists as to the title to a Government security, it may proceed to determine the person who shall for the purposes of the Bank be deemed to be the person entitled thereto.
(2) The Bank shall give notice in writing to each claimant of whom it has knowledge, stating the names of all other claimants and the time when and the officer of the Bank by whom the determination of the Bank will be made.
(3) The Bank shall give notice in writing to each claimant of the result of the determination so made.
(4) On the expiry of six months from the issue of the notices referred to in sub-section (3), the Bank may make an order vesting in the person, found by the Bank to be entitled to the security, the security and any unpaid interest thereon.
### 13. Law applicable in regard to Government securities.
- Notwithstanding that as a matter of convenience [the Government]
[Substitued for the words the Central Government by the Public Debt (Central Governemnt) Amendment Act, 1949 (4 of 1949), Section 6 (1-4-1949)]
may have arranged for payments on a Government security to be made elsewhere than in [India]
[Substitued for the words Part A States and Part C States by the Public Debt (Amendment) Act, 1956 (57 of 1956), Section 8 (15-10-1956)]
, the rights of all persons in relation to Government securities shall be determined in connection with all such questions as are dealt with by this Act by the law and in the Courts of [India]
[Substitued for the words those States by the Public Debt (Amendment) Act, 1956 (57 of 1956), Section 8 (15-10-1956)]
### 14. Recording of evidence.
(1) For the purpose of making any order which it is empowered to make under this Act, the Bank may request a District Magistrate [\*\*\*]
[The words or in a Part B State the Political Agent were omitted by the Public Act (Amendment) Act, 1956 (57 of 1956) Section 9 (15-10-1958)]
to record or to have recorded the whole or any part of such evidence as any person whose evidence the Bank requires may produce. A District Magistrate so requested may himself record, or may direct any Magistrate of the first class subordinate to him or any Magistrate of the second class subordinate to him and empowered in this behalf by general or special order of the [State Government]
[Substitued for words Provincial Government by A.L.O. 1950]
to record the evidence, and shall forward a copy thereof to the Bank.
(2) For the purpose of making a vesting order under this Act the Bank may direct one of its officers to record the evidence of any person whose evidence the Bank requires or may receive evidence upon affidavit.
(3) A Magistrate or an officer of the Bank acting in pursuance of this section may administer an oath to any witness examined by him.
### 15. Postponement of payments and registration of transfers pending the making of a vesting order.
- Where the Bank contemplates making an order under this Act to vest a Government security in any person, the Bank may suspend payment of interest on or the maturity value of the security or postpone the making of any order under section 11 or the registration of any transfer of the security until the vesting order has been made.
### 16. Power of Bank to require bonds.
(1) Before making any order which it is empowered to make under this Act, the Bank may require the person in whose favour the order is to be made to execute a bond with one or more sureties in such form as may be prescribed or to furnish security not exceeding twice the value of the subject-matter of the order, to be held at the disposal of the Bank, to pay to the Bank or any person to whom the Bank may assign the bond or security in furtherance of sub-section (2) the amount thereof.
(2) A Court before which a claim in respect of the subject-matter of any such order is established may order the bond or security to be assigned to the successful claimant who shall thereupon be entitled to enforce the bond or realise the security to the extent of such claim.
### 17. Publication of notices in Official Gazette.
- Any notice required to be given by the Bank under this Act may be served by post, but every such notice shall also be published by the Bank in [the Gazette of India or the Official Gazette of the State, according as the notice relates to a security, issued by the Central Government or a State Government]
[Substitued for the words the Official Gazette by the Public Debt (Central Government) Amendment Act 1949 (6 of 1949), Section 7 (1-4-1949)]
, and on such publication shall be deemed to have been delivered to all persons for whom it is intended.
### 18. Scope of vesting order.
- An order made by the Bank under this Act may confer the full title to a Government security or may confer a title only to the accrued and accruing interest on the security pending a further order vesting the full title.
### 19. Legal effect of orders made by the Bank.
- No recognition by the Bank of a person as the holder of a Government security, and no order made by the Bank under this Act shall be called in question by any Court so far as such recognition or order affects the relations of [the Government]
[Substitued for the words the Official Gazette by the Public Debt (Central Government) Amendment Act 1949 (6 of 1949), Section 7 (1-4-1949)]
or the Bank with the person recognised by the Bank as the holder of a Government security or with any person claiming an interest in such security: and any such recognition by the Bank of any person or any order by the Bank vesting a Government security in any person shall operate to confer on that person a title to the security subject only to a personal liability to the rightful owner of the security for money had and received on his account.
### 20. Stay of proceedings on order of Court.
- Where the Bank contemplates making with reference to any Government security any order which it is empowered to make under this Act, and before the order is made the Bank receives from a Court in [India]
[Substitued for the words a Part A State or a Part C State by the Public Debt (Amendment) Act, 1956 (57 of 1956) Section 10 (15-10-1950)]
an order to stay the making of such order, the Bank shall either--
(a) hold the security together with any interest unpaid or accruing thereon until the further orders of the Court are received, or
(b) apply to the Court to have the security transferred to the Official Trustees appointed for the [State]
[Substitued for the word Province by A.L.O. 1950]
in which such Court is situated, pending the disposal of the proceedings before the Court.
### 21. Cancellation by the Bank of vesting proceedings.
- Where the Bank contemplates making an order under this Act vesting a Government security in any person the Bank may, at any time before the order is made, cancel any proceedings already taken for that purpose and may, on such cancellation, proceed anew to the making of such order.
### 22. Discharge in respect of interest on Government securities.
- Save as otherwise expressly provided in the terms of a Government security, no person shall be entitled to claim interest on such security in respect of any period which has elapsed after the earliest date on which demand could have been made for the payment of the amount due on such security.
### 23. Discharge in respect of bearer bonds.
- [The Government]
[Substitued for the words the Central Government by the Public Debt (Central Government) Amendment Act, 1949 (6 of 1949), Section 6 (1-4-1949)]
shall be discharged from all liability on a bearer bond or on any interest coupon of such a bond on payment to the holder of such bond or coupon on presentation on or after the date when it becomes due of the amount expressed therein, unless before such payment an order of a Court in [India]
[Substitued for the words the States by the Public Debt (Amendment) Act, 1956 (57 of 1956), Section 11 (15-10-1956)]
has been served on the Government restraining it from making payment.
### 24. Period of limitation of Government''s liability in respect of interest.
- Where no shorter period of limitation is fixed by any law for the time being in force, the liability of [the Government]
[Substitued for the words the Central Government by the Public Debt (Central Government) Amendment Act, 1949 (6 of 1949), Section 6 (1-4-1949)]
in respect of any interest payment due on a Government security shall terminate on the expiry of six years from the date on which the amount due by way of interest became payable.
### 25. Inspection of documents.
- No person shall be entitled to inspect, or to receive information derived from any Government security in the possession or custody of [the Government]
[Substitued for the words the Central Government by the Public Debt (Central Government) Amendment Act, 1949 (6 of 1949), Section 6 (1-4-1949)]
or from any book, register, or other document kept or maintained by or on behalf of [the Government]
[Substitued for the words the Central Government by the Public Debt (Central Government) Amendment Act, 1949 (6 of 1949), Section 6 (1-4-1949)]
in relation to Government securities or any Government security, save in such circumstances and manner and subject to such conditions as may be prescribed.
### 26. The bank and its officers to be deemed public officers.
- For the purposes of section 124 of the Indian Evidence Act, 1872 (
1 of 1872
), the provisions of Part IV of the Code of Civil Procedure, 1908 (5 of 1908), relating to suits by or against public officers in their official capacity, and the provisions of rule 27 of Order V, and rule 52 of Order XXI of the said Code, the Bank and any officer of the Bank acting in his capacity as such shall be deemed to be a public officer.
### 27. Penalty.
(1) If any person, for the purpose of obtaining for himself or for any other person any title to a Government security, makes to any authority under this Act in any application made under this Act or in the course of any inquiry undertaken in pursuance of this Act any statement which is false and which he either knows to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to six months, or with fine or with both.
(2) No Court shall take cognizance of any offence under sub-section (1) except on the complaint of the Bank.
### 28. Power to make rules.
(1) The Central Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules [\*\*]
[For the Public Debt (Central Government), 1946, see Gazette of India, 1946, Part I, page 575, For the Public Debt (Compensation Bonds) Rules, 1954, see S.R.O. 2754, dated 25-8-1954 published in Gazette of India, 1954, Part II, section 3, page 2060., For the Public Debt (Annuity Certificate) Rules, 1954, see S.R.O. 2480, dated 25-8-1954 published in Gazette of India, 1954, Part II, section 3, page 2148., FOr Public Debt (Annuity Deposit Certificate) Rules, 1966, See Gaz. of Ind. 8-10-1966, Part II, Section 3(i) , page 1729.]
to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:--
(a) the forms in which Government securities may be issued;
(b) the form of the obligations referred to in clause (iv) or sub-clause (a) of clause (2) of section 2;
(c) the conditions subject to which Government securities may be issued to the [Rulers of former Indian States]
[Substitued for the words Rulers of Part B. State by the Public Debt (Amendment) Act, 1956 (57 of 1956), Section 12 (15-10-1956)]
;
(d) the manner in which different forms of Government securities may be transferred;
(e) the holding of Government securities in the form of stock by the holders of offices other than public offices and the manner in which and the conditions subject to which Government securities so held may be transferred;
(f) the manner in which payment of interest in respect of Government securities is to be made and acknowledged;
(g) the conditions governing the grant of duplicate, renewed, converted, consolidated and sub-divided Government securities;
(h) the fees to be paid in respect of the issue of duplicate Government securities and of the renewal, conversion, consolidation and sub-division of Government securities;
(i) the form in which receipt of a Government security delivered for discharge, renewal, conversion, consolidation or sub-division is to be acknowledged;
(j) the manner of attestation of documents relating to Government securities in the form of stock;
(k) the manner in which any document relating to a Government security or any endorsement or a promissory note issued by [the Government]
[Substitued for the words the Central Government by the Public Debt (Central) Government Amendment Act, 1949 (6 of 1949), Section 6 (1-4-1949)]
may, on the demand of a person who from any cause is unable to write, be executed on his behalf;
(l) the form of the bonds referred to in sub-section (1) of section 16;
(m) the circumstance and the manner in which and the conditions subject to which inspection of Government securities, books, registers and other documents may be allowed or information therefrom may be given under section 25;
(n) the procedure to be followed in making vesting orders;
(o) the authority by whom the certificate referred to in the proviso to section 7 is to be granted and the manner of making the inquiry therein mentioned;
(p) [ the form in which and the persons in whose favour nominations may be made under section 9B, the manner in which and the conditions and restrictions subject to which such nominations may be made, the registration, variation or cancellation of such nominations and the fees that may be levied for such registration, variation or cancellation;
[Inserted by the Public Debt (Amendment) Act, 1959 (44 of 1959), Section 3 (w.e.f. 1-8-1960)]
(q) the manner in which any person may be appointed for the purposes of sub-section (4) of section 9B.]
(3) [ Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a 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.]
[substitued for the former sub-section (3) by the Public Debt (Amendment) Act, 1972 (44 of 1972), section 4 (w.e.f. 1-9-1972)]
### 29. [ Certain laws not to apply to Government securities.
[Substitued for the original section, by the Public Debt (Amendment) Act, 1956 (57 of 1956), section 13 (15-10-1956)]
- The Indian Securities Act, 1920 (10 of 1920) and any law corresponding to that law in force in any Part B State immediately before the commencement of the Public Debt (Amendment) Act, 1956 (57 of 1956), shall cease to apply to Government securities to which this Act applies and to all matters for which provision is made by this Act:
Provided that any such corresponding law shall continue to apply to or in relation to any securities created and issued by the Government of Hyderabad, Saurashtra or Travancore-Cochin on or before the 31st day of March, 1953, for such period not exceeding one year from the commencement [\*\*] of the Public Debt (Amendment) Act, 1956 (57 of 1956), as the Central Government may, by notification in the Official Gazette, specify.]
### 30. [ Construction of reference to laws not in force before 1st April, 1951 in Part B States.
[Inserted by the Public Debt (Amendment) Act, 1956 (57 of 1956), Section 14 (15-10-1956)]
- Any reference in this Act to any law which did not extend to any Part B State or any part of such State before the commencement of the Part B States (Laws) Act, 1951 (3 of 1951), shall wherever necessary, be construed as including a reference to the corresponding law, if any, in force in that State, or, as the case may be, any part thereof, before the said date.]
### 31. [ Construction of references to laws not in force in Jammu and Kashmir.
[Inserted by the Public Debt (Amendment) Act, 1972 (44 of 1972), Section 5 (w.e.f. 1-9-1972)]
- Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, wherever necessary, be construed as including a reference to the corresponding law, if any, in force in that State.]
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65ba1ccdab84c7eca86eaa33 | acts |
State of Maharashtra - Act
----------------------------
Essential Commodities (Maharashtra Amendment) Act, 2002
---------------------------------------------------------
MAHARASHTRA
India
Essential Commodities (Maharashtra Amendment) Act, 2002
=========================================================
Act 6 of 2003
---------------
* Published on 14 March 2002
* Commenced on 14 March 2002
Essential Commodities (Maharashtra Amendment) Act, 2002
(Maharashtra Act
No. 6 of 2003
)
For Statement of Objects and Reasons, see Maharashtra Government Gazette, dated the 14th March, 2002, Extraordinary, Part V-A page 55.
(This Act received the assent of the President on the 4th March 2003; assent was first published in the Maharashtra Government Gazette, Part IV on the 19th March 2003.)
An Act further to amend the Essential Commodities Act, 1955, in its application to the State of Maharashtra.
Whereas it is expedient further to amend the Essential Commodities Act, 1955, in its application to the State of Maharashtra, for the purposes hereinafter appearing; it is hereby enacted in the Fifty-third Year of the Republic of India as follows :-
### 1. Short title.
- This Act may be called the Essential Commodities (Maharashtra Amendment) Act, 2002.
### 2. Amendment of section 2 of Act 10 of 1955.
- In section 2 of the Essential Commodities Act, 1955, in its application to the State of Maharashtra,-
(a) for clause (ia), the following clause shall be substituted, namely :-
"(ia) "Collector" in any Rationing Area means the Controller of Rationing designated for that area and includes the Deputy or Assistant Controller of Rationing; and elsewhere, the Collector of the District and includes Additional, Deputy or Assistant Collector, Sub-divisional Officer and District Supply Officer within his respective jurisdiction ;";
(b) clause (ai) shall be deleted.
|
65b96c0bab84c7eca86e911b | acts |
State of Bihar - Act
----------------------
Bihar Special Survey and Settlement Rules, 2012
-------------------------------------------------
BIHAR
India
Bihar Special Survey and Settlement Rules, 2012
=================================================
Rule BIHAR-SPECIAL-SURVEY-AND-SETTLEMENT-RULES-2012 of 2012
-------------------------------------------------------------
* Published on 11 July 2012
* Commenced on 11 July 2012
Bihar Special Survey and Settlement Rules, 2012
Published vide Notification No. 8/fu;e la'kks/ku ¼losZ½ 08&02@2012&590¼8½, dated 11.07.2012
Last Updated 10th February, 2020
No. 8/fu;e la'kks/ku ¼losZ½ 08&02@2012&590¼8½. - In exercise of the powers conferred by Section 28 of The Bihar Special Survey and Settlement Act. 2011, the State Government hereby make the following Rules:-
Chapter - I Preliminary
### 1. Short title, extent and Commencement.
(1) These rules may be called "The Bihar Special Survey and Settlement Rules, 2012".
(2) It shall extend to the whole of the State of Bihar.
(3) It shall come into force on such date as may be notified by the Government in the Official Gazette.
### 2. Definitions.
- In these rules, unless there is something repugnant in the subject or context, definitions of words given in Section-2 of Bihar Special Survey and Settlement Act, 2011 (Bihar Act 24, 2011) shall apply to the Bihar Special Survey and Settlement Rules, 2012.
Chapter - II Notification and Proclamation
### 3. Notification.
(1) The State Government shall express its intention to conduct special survey and settlement through publication of a notification in the Official Gazette.
(2) Copies of the notification published under the foregoing rule-3(1) shall also be forwarded to the different offices of the Central/State Government to enable them to put their claims/ objections, if any, with respect to the entries during the Special Survey and Settlement operation so that record of rights of lands held/ owned by them, are correctly prepared.
### 4. Proclamation.
(1) The Survey and Settlement Officer shall publish a proclamation in Form-1 addressed to the land holders/persons having any interest in the lands of the area under Special Survey and Settlement operation, directing them to demarcate their lands for the purpose of pointing out boundary marks of the land parcels.
(2) After the publication of proclamation under foregoing Rule- 4(1), the survey and settlement officer, or any other officer/employee, acting under the authority of the Survey and Settlement Officer shall have power to enter upon the lands under Special Survey and Settlement, to examine and measure such lands by any method, he deems fit and may clear the lands by cutting down or removing any trees, jungle, standing crops or other obstructions, as may be necessary, for the purpose of survey. However, no claim or compensation as to cost can be claimed for the above action.
Chapter - III Re-organization of Ongoing Survey and Settlement Operations
### 5. Re-organization of ongoing survey and settlement operations.
- The Government may, by an executive order, reorganize the ongoing survey and settlement operations of a district to bring it in conformity with the provisions of the Bihar Special Survey and Settlement Act, 2011.
Chapter - IV Self Declaration
### 6. Self declaration by the land holder and its verification.
(1) After the publication of notification under rule 3(1) of the Bihar Special Survey and Settlement Rules 2012, the land owners/holders may submit, in duplicate, a self declaration of lands owned/held by them in Form- 2. One copy of the self declaration shall be made over to the person concerned after initialling and putting date and serial number by the receiving officer/employee as a token of acknowledgement of the same.
(2) The self declaration shall be submitted within 30 working days from the date of publication of the notification under rule-3(1). However, in special circumstance the period may be extended by 15 additional working days.
(3) The self declaration may be submitted before the concerned Anchal Adhikari/Assistant Settlement officer incharge of the concerned camp.
(4) If a self declaration is submitted before an Assistant settlement officer, the same shall be received in the manner prescribed in the foregoing sub Rule-(1) and shall be forwarded to the Anchal Adhikari of the concerned Anchal for its verification.
(5) The Anchal Adhikari shall verify the details of self declaration on the basis of revenue records such as the last record of rights, Register- IB i.e Continuous Khatiyan, Register-2 i.e. the tenants's ledger or any such revenue records maintained and available at his level.
(6) The maximum period for the verification of self declaration shall be 15 working days from the date of the receipt of the self declaration.
(7) After the verification of the self declaration, the Anchal Adhikari shall prepare the verification certificate in Form-3 and make it available to the Assistant Settlement Officer concerned.
(8) Any self declaration which could not be verified by the Anchal Adhikari due to non availability of the relevant records or due to disputes, shall be kept and maintained in a separate register giving reasons in brief for non verification in Form- 4 and the register along with the self declarations shall be sent to the concerned Assistant Settlement Officer.
Chapter-V Kistwar
### 7. Kistwar by Modern Technology.
(1) The Kistwar of a revenue village shall be carried out by the preparation of map through modern technology inclusive of base mapping, demarcation of plots as well as revenue village and ground verification.
(2) The revenue map shall be prepared on different scales, keeping in view the density of plots, incorporating the technical details, headings and any other relevant details pertaining to the map so that any land parcel and its boundary may be clearly shown and measured.
(3) The map, so prepared, shall be made available to the concerned Assistant Settlement Officer for its verification. The Amin shall verify cent - percent of the plots of the map and the Kanoongo, Assistant Settlement Officer, Charge Officer and the Settlement Officer shall randomly check 25%, 10% ,2% and 1% of the plots respectively.
(4) The verification of the map shall be carried out by comparing it with the map of the last survey as well as by spot verification of the areas and boundaries of the existing plots.
(5) The verification of the map of a revenue village shall be completed within a period not exceeding 30 working days from the date of the receipt of the map.
(6) The map, so prepared, after necessary correction shall remain displayed on the notice boards of the office of the Gram Panchayat of the concerned revenue village as well as at the camp office for the general public.
Chapter - VI Khanapuri
### 8. Constitution of Khanapuri Party.
(1) Revenue village wise Khanapuri parties shall be constituted by the Settlement Officer of the concerned district consisting of the following :-
(i) An officer/revenue employee of the Anchal Office concerned;
(ii) Representative of Director, Land Records and Survey, Bihar;
(ii) Any other designated officer or employee.
(2) The constitution of the Khanapuri party shall be published in the concerned District Gazette.
(3) The Khanapuri party shall be headed by an officer/employee of the kanoongo or equivalent grade.
(4) The Khanapuri party constituted in the aforesaid manner shall work under the supervision and control of the Assistant Settlement Officer of the concerned area.
### 9. Khanapuri Work.
(1) Before the initiation of Khanapuri work of a revenue village, a teriz i.e, abstract of last record of rights and a Kheshra Register shall be prepared village wise in triplicate in Form-5 and Form-6 respectively.
(2) The verification certificate in respect of the self declaration of raiyats, issued and made available to the Assistant Settlement Officer of the concerned camp by the Ancahal Adhikari concerned, shall be re-verified with the help of Teriz, khesra register at the camp.
(3) The self declaration which could not be verified by the Anchal Adhikari due to non availability of the relevant revenue records or due to a dispute, shall be verified by the Khanapuri party on the basis of the available records such as Teriz, khesra register etc.
(4) The Khanapuri party shall physically verify each plot of the concerned revenue village with the map made available after Kistwar and shall make a note of all the changes in the configuration of plot and also other changes, if any. If any plot differs from the area and boundaries shown in the map, the Khanapuri Party shall ink it up in red in the map. If any plot is found subdivided into two or more parts then a separate "Bata Number (Division Number)" for each such part shall be given, and in such cases sub-division of plots shall be shown in broken lines. Accordingly, the map of the concerned revenue village shall be altered/corrected. The Amin shall verify cent-percent plots of the revenue village and Kanoongo, Assistant Settlement officer, Charge Officer and Settlement Officer shall randomly verify 25%,10%,2% and 1% of the plots respectively.
(5) During field verification, the Khanapuri Party shall identify and demarcate public lands, government land and record the same in the preliminary record of rights.
(6) After the verification, the Khanapuri Party shall prepare raiyat wise Khanapuri purcha in Form-7 in the light of available reference revenue records, verification certificates of self declaration as well as actual field verification.
(7) The Khanapuri Purcha prepared in Form-7 shall be served to the land holders/ owners including officers concerned with Government land/public land. The Land holders/owners shall also be made aware of the entries of the Khanapuri purcha at a convenient place and on fixed date and time.
(8) Khanapuri purcha prepared in Form-7 shall be served on the raiyat concerned or his near relative. However, if he declines to receive the purcha the same will be served on him by pasting it on the front gate of his house/wall. The person responsible for the service of the purcha, shall, as far as possible, obtain the signatures of the panchayat representative, village chowkidar and other local residents on the service report and the same shall be deemed to be a proper service of the Khanapuri purcha.
(9) Claims/objections against the entries of Khanapuri purcha may be filed by the land holder/owner or any person having interest in the land including representatives of the concerned office of the State Government/Central Government/Public Sector/ Local bodies in Form-8. and a receipt as a token of acknowledgement for the same shall be issued to the person concerned in Form-9.
(10) Claims/Objections of the land holder/owner or any other person having interest in the land received at the camp office concerned shall be maintained in a separate register in Form-10.
(11) Private agencies may be engaged in the preparation of Khanapuri purcha and its services. Elaborate order to that effect shall be issued by the Director, Land Records and Survey, Bihar. Remuneration/Rates for the private agency to carry out above works shall be fixed by the Director, Land Records and Survey, Bihar, from time to time.
### 10. Disposal of claims/objections during Khanapuri.
(1) The Knanoongo /Circle Inspector/Assistant Consolidation Officer concerned shall issue separate notices to the parties concerned for the disposal of claims /objections in Form-11 clearly mentioning therein the place, date and time of hearing besides a brief account of the claim/objection.
(2) The parties concerned shall be given an opportunity of being heard and adduce evidence, if any.
(3) Claims/objections shall be disposed off in a summary manner by the Kanoongo/ Circle Inspector/ Assistant Consolidation Officer by passing a reasoned order, within a maximum period of 30 working days of filing of such claims/objections.
Provided that if the claims/objections filed pertain to Government/Public Land, the same shall be heard and disposed off by an officer not below the rank of Assistant Settlement Officer /Circle Officer/Consolidation Officer.
(4) If any of the parties does not appear even after proper service of the notice, claims/ objections may be disposed off ex-parte on the basis of available revenue records and field verification.
Chapter - VII Publication of Draft Khanapuri Record of Rights
### 11. Preparation of Draft Khanapuri Record of Rights.
(1) After the completion of Khanapuri work a draft of Khanapuri record of rights shall be prepared in Form-12 incorporating the orders passed with respect to the claims/objections received during Khanapuri operations against the entries of Khanapuri purcha as well as the map.
(2) The Khanapuri record of rights including the map shall be attested by the Assistant Settlement Officer incharge of the camp.
### 12. Publication of Draft Khanapuri Record of Rights.
(1) The draft Khanapuri record of rights including map prepared under rule 11(1) and attested by the Assistant Settlement Officer concerned under rule 11(2), shall be published for a continuous period of 30 days in the following manner :-
(i) by displaying it in the Special Survey/Settlement camp concerned;
(ii) by displaying it at a conspicuous public place in the revenue village concerned;
(iii) by displaying it on the notice board of the office of the Gram Panchayat of the revenue village concerned;
(iv) by displaying it on the notice board of the Anchal Office concerned.
(2) The draft Khanapuri record of rights including the map published under rule 12(1) shall remain available in the Special Survey/Settlement camp office for the perusal of the public free of cost.
(3) The non final copy of the map shall be made available to the desirous raiyats/persons having interest in the land on payment of such fee as fixed by the Director, Land Records and Survey, Bihar.
### 13. Filing of claims/objections against the entries in the draft Record of Rights.
(1) Simultaneous with the publication of draft Khanapuri record of rights under rule 12(1) the Assistant Settlement Officer concerned shall issue a public notice in Form-13 inviting claims/ objections, if any, with respect to the entries of draft record of rights including the configuration of plots shown in the concerned map.
(2) The public notice shall be displayed by pasting it at a prominent public place of the revenue village concerned, on the notice boards of the Gram Panchayat Office concerned and the concerned Special Survey and Settlement camp.
(3) The public notice shall clearly mention that claims/objections, if any, against the entries of Draft record of rights including the map may be filed within 30 days, from the date of the publication of draft record of rights, free of cost.
(4) The claims/objections against the entries in Draft Record of Rights, including the map, may be filed in the Special Survey and Settlement camp concerned, by a land owner/holder or any person having interest in the land including representatives of the concerned office of the State Government/Central Government/Public Sector/Local bodies in Form-14.
(5) The claims/objections of the land owners/holders or any other person having interest in the land received at the Special Survey and Settlement camp shall be maintained in a separate register in Form-15 and a receipt as a token of acknowledgement for the same shall be issued to the person concerned in Form-16.
(6) A separate case record for each such claim/objection shall be opened in order of the receipt of the claims/objections.
(7) The Assistant Settlement Officer shall issue separate notices to the parties concerned in Form-17, where under a brief account of claims/objections mentioning therein the place, date and time of hearing.
(8) On the date fixed, the claims/objections shall be heard and evidences shall be recorded. If necessary, the Assistant Settlement Officer shall fix a date for the inspection of the plot/plots either by himself or by any other officer/employee authorized by him in this behalf, to ascertain the physical possession over the plot/plots as well as the veracity of the evidences adduced during hearing. The parties concerned shall be informed in advance. A memo of such spot enquiry shall be prepared and annexed with the case record.
(9) In case any party does not appear even after given an opportunity for appearance, of being heard and adduce evidence, if any, claims/objections may be disposed off ex-parte on the basis of available records, documentary evidence and spot verification, if necessary.
(10) Claims/objections shall be disposed off in a summary manner by the Assistant Settlement Officer/Circle Officer/Consolidation Officer within a maximum period of 60 days from the date of filing of the claims/objections.
Provided if claims/objections with respect to any land during Khanapuri operations had been disposed off by an officer not below the rank of Assistant Settlement Officer/Circle Officer, Consolidation Officer the claims/objections with respect to those lands shall not be disposed off by the same officer.
(11) Private agency may be engaged for the preparation of draft Khanapuri record of rights and draft of notices to serve the claimants/objectors and persons having interest in the land, on remunerations/ rates as fixed by the Director, Survey and Land Records, Bihar, from time to time.
Chapter - VIII Recess
### 14. Recess.
(1) Orders passed with respect to claims/objections against the draft publication of Khanapuri record of rights, shall be complied with by making necessary additions/ alterations in the draft record of rights including the map which shall be called "Tarmim."
(2) A detailed comparison of village boundaries with the boundaries as shown in the last revenue village map and orders passed at different earlier stages shall be made and the process shall be called "Muqabla". Care shall be taken that the area of plots as shown in the draft record of rights matches with the area shown in the map concerned.
(3) The area of each plot and total area of revenue village including boundaries of the revenue village in the Last Survey map and area of plots and total area of the revenue village and boundaries as prepared after draft publication of record of rights shall be thoroughly compared, checked and verified and the process shall be called "janch". On being satisfied after janch the Assistant Settlement Officer concerned shall pass the new area as prepared after draft publication.
(4) After passing the area by the Assistant Settlement Officer concerned, a new Teriz in Form-18 i.e, abstract of the new record of rights, new plot register in Form-19 shall be prepared by Amins/Licensed Surveyors.
(5) The record of rights, before its final publication, shall be arranged according to the names of raiyats alphabetically in Hindi and this process shall be known as "Tartib".
(6) On the basis of the new Teriz and plot register, copies of record of rights, shall be prepared in Form-20 for its final publication in quadruplicate after proper checking and comparison and the process shall be called "Safai". A copy of the Records of Rights called "Raiyati Fard" shall be made available to the concerned raiyats. The second copy shall be sent to the concerned Anchal Adhikari for the preparation of Tenants Ledger Register. The third copy called "Maliki Fard" shall be made available to the Collector of the District concerned. The fourth copy shall remain in the custody of the Director, Land Records and Survey for preservation and for future reference.
Chapter - IX Final Publication of Record of Rights
### 15. Final Publication of Record of Rights.
(1) The copies of the record of rights and maps finally prepared in Form-20, shall be finally published under the hand and seal of the Settlement Officer of the concerned district. The same shall be placed for public inspection from the date of final publication for a continuous period of 30 days in the following manner.-
(i) by displaying it in the Special Survey/Settlement camp concerned;
(ii) by displaying it at a conspicuous public place of the village concerned;
(iii) by displaying it on the notice board of Gram Panchayat of the revenue village concerned;
(iv) by displaying it on the notice board of the Anchal Office concerned.
(2) The government may notify an officer not below the rank of the Deputy Collector Land Reforms for hearing and disposal of claims/objections filed against the entries of finally published record of rights including the map.
(3) Any person who has an interest in any land or a part thereof may file claims/objections within 90 days from the date of final publication under Section 11(1) of the Bihar Special Survey & Settlement Act, 2011, before the notified officer concerned in Form 21.
(4) The notified officer concerned shall issue notices in Form 22 containing therein a brief account of claims/ objections to the parties concerned for the disposal of claims and objections.
(5) The place, date and time of the hearing shall be clearly mentioned in the aforesaid notice. The parties concerned shall be provided an opportunity for appearance, hearing and adducing evidence, if any.
(6) In case any of the parties does not appear even after given an opportunity for appearance, hearing and adducing evidence, if any, claims/ objections may be disposed of ex-parte on the basis of available records/documentary evidences and spot enquiry, if required.
(7) Claims/objections shall be disposed of in a summary manner within a maximum period of 90 days from the receipt of the same.
### 16. Presumption of final Publication and Correctness of Record of Rights.
(1) The State Government may, by notification, declare, with regard to any specified area, that a record of rights has been finally prepared and published for every village included in such area and such notification shall be conclusive evidence of such publication.
(2) The record of rights finally prepared and published under this Act, shall be presumed to have been finally published.
(3) Every entry in a record or rights so published shall be evidence of the matter referred to in such entry and shall be presumed to be correct unless it is proved by evidence to be incorrect.
### 17. Maintenance of Final Record of Rights.
- Hard and soft copies of the final record of rights including the map shall be duly maintained and its copies shall be made available to desirous applicants on payment of fees, as fixed from time to time, by the Director Land Records and Survey Bihar.
Chapter - X Licensed Surveyor
### 18. Grant of License to the Surveyor.
(1) With a view to obtaining applications from candidates desirous of getting a license, the Director, Land Records and Survey, Bihar shall prepare an advertisement and cause it to be published through the website of the Department of Information and Public Relations and the Department of Revenue and Land Reforms, Government of Bihar. Besides other facts, age-limit, educational, technical qualifications, experience, reservation roster, the licensed surveyors' functions and duties, fees and remuneration and other conditions shall be incorporated in the aforesaid advertisement.
(2) The Director, Land Records & Survey, Bihar shall grant license to eligible candidates and shall send the list to District Collectors/ Settlement Officers as and when required, for use as per executive instructions to be issued in this regard.
### 19. Work and Remuneration of Licensed Surveyors.
(1) In order to obtain the services of the licensed surveyors, private individuals may deposit fees, as fixed from time to time, by the Director, Land Records & Survey, Bihar along with an application, in the revenue office concerned. Director Land Records & Survey, Bihar will determine the amount to be deducted out of the aforesaid fees as incidental expenses incurred in the Revenue Office concerned.
(2) The licensed surveyors shall be paid remuneration as fixed from time to time by the Director, Land Records & Survey, Bihar for carrying out work assigned to them by any Government Department, requisitioning body relating to land acquisition or any public body, institution or authority.
(3) In case the licensed surveyors are assigned work pertaining to the preparation of maps/record of rights during survey, settlement and consolidation operations or updating of the record of rights and the like, they shall be paid remuneration as fixed by the Director, Land Records & Survey, Bihar from time to time.
### 20. Cancellation of License of a Licensed Surveyor.
- The Director, Land Records & Survey, Bihar may cancel the license of a licensed surveyor due to any of the following reasons:-
(a) If he is not committed to his work.
(b) If he is found using intoxicating drugs or in an inebriated condition at work place.
(c) If he is attached to a political party or takes part in political activities.
(d) If he is found guilty of immoral conduct or financial irregularity.
(e) Any such conduct, which is contrary to the code of conduct applicable to a public servant.
(f) If he is found technically unfit.
Note. - The licensed surveyor concerned shall be given an opportunity to present his case, in accordance with the principle of natural justice, before taking a decision on the aforesaid charges.
Chapter - XI Technical Guidelines
### 21. Preparation of Technical Guidelines.
- Director, Land Records & Survey, Bihar, shall frame Technical Guidelines within 60 (sixty) days from the date of notification of these Rules, for meeting any or all of the purposes of this Act. The said Technical Guidelines shall be notified by the administrative department. The said Technical Guidelines shall include, besides other things, prevalent methods of Kistwar by modern technology. The said Technical Guidelines shall also incorporate works to be done during recess. Necessary provisions shall also be made in the said Technical Rules regarding the maintenance/publication and making available record of rights and map of a revenue village in digital form to interested persons under Section-14 of the Act. Technical aspects of the work of the licensed surveyors under Section-16 of the Act shall also be incorporated in the said Technical Guidelines.
Form-1
(See Rule-4 Sub Rule (1) )
Form of Proclamation
All the Land holders/persons having interest in the land including the custodian of Public/Government land of Revenue village.................................. Thana No....................... Anchal....................... District............................ are hereby informed that any person authorized or deputed by the undersigned may enter upon the land to identify and demarcate the village boundary as well as its land parcels. You are directed to co-operate with them in examining/measuring the land as well as cutting down or removing trees, jungles, standing crops or other such obstructions, as may be necessary for the purpose of survey and not to put any hurdle/hindrance in discharge of their duty.
You are further directed to demarcate the boundaries of your land parcels/land by erecting mounds of earth at all bends of their boundary.
Date...............
Survey and Settlement Officer.
Form-2
(See Rule 6 Sub Rule (1) )
Form For Self-Declaration of Lands Owned/held By The Raiyats.
Revenue Vill:-............................Thana No:-............... Halka No:-............. Police Station:-................... Anchal:-............................ District:-.............................
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Name of the
Raiyat, (Including name and share of Co-sharers, if any)&
Father's Name
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Permanent Address
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Details of Lands Owned/Held
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Khata
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Khesra
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Area A. D.
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Boundary
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Classification of Land
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Rent excluding cess.
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1
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2
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3
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4
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5
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6
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7
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8
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Jamabandi No.
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Basis of claim over the land such as Succession/
Gift Purchase/ Settlement/Others
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Remarks, If any.
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9
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10
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11
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I/We declare that the entries made in self-declaration is true to my/our knowledge. In case of any wrong entry in self declaration, I/We shall be held liable for the same.
Note. - This form shall be submitted in duplicate. One copy shall be made over to the petitioner as token of receipt after putting initial date and serial no. of the petition by the receiving officer/employee.
Place:-................. Date:-..................
Signature/Thumb Impression of the Raiyat.
Form-3
(For Official use only)
(See Rule 6 Sub Rule (7) )
Form For Verification Certificate Issued Against Self-Declaration.
Revenue Vill:................Thana No:-............... Halka No:-............. Anchal:-............. District:- ...............
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Name of the Raiyat
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Serial No. of Self- Declaration submitted by the
Raiyat
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Details of Land
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Classification of Land
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Khata No.
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Khesra No.
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Area A. D.
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Boundary
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1
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2
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3
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4
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5
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6
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7
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Jamabandi No.
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Rent Exclusive of cess.
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Entries of Land found correct
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Remarks,If any.
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Khata No.
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Khesra No
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Area A. D.
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Boundary
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8
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9
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10
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11
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12
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13
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14
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Signature of the Halka Karmchari Signature of Circle Inspector Signature of Anchal Adhikari.
(For Official use only)
Form-4
(See Sub Rule-6 Sub Rule (8) )
Form For Register of Un-Verified/disputed Lands.
Revenue Vill:-............Thana No:-............... Halka No:-............. Anchal:-............. District:- ...............
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Name of the Raiyat
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Serial No. of Self-Declaration submitted by the
Raiyat
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Details of Land
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Classification of Land
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Jamabandi No. (if any)
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Brief reasons for non verification
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Remark's
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Khata No.
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Khesra No.
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Area A. D.
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Boundary
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10
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Signature of the Halka Karmchari Signature of Circle Inspector Signature of Anchal Adhikari.
Form-5
(See Rule-9,Sub Rule (1) )
Teriz Or Abstract of Khatian
Revenue village.................................ThanaNo................................... Anchal......................District......................
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Sl.No.
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Name of the Raiyat Father's/Husband's Name &
full Address
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Serial No. of Record of Rights or Khatian
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Plot Number
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Area
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Rent excluding Cess
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Remarks
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Cultivated
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Uncultivated
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Others
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Total
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10
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Signature of Amin Signature of Kanoongo Signature of Assistant Settlement Officer.
Form-6
(See Rule-9, Sub Rule (1) )
Form of Khesra Register
Revenue Village...........................Thana No...............HalkaNo................Anchal.....................District.........
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Khesra No.
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Name of the tenant, Father's/ Husband's name,
caste and address
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Khata No.
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Area A. D.
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Boundary
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Classification of land
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1
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2
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3
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4
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5
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6
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Area Under Crop
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Rent excluding cess
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Remark's Including Possession
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Bhadai
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Aghani
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Rabbi
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Other Crop
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Cultivable
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Un-cultivable
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7
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8
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9
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10
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11
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12
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13
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14
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Signature of Amin/ Licensed Surveyor
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Signature of Kanoongo
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Signature of A.S.O
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Form-7
(See Rule-9, Sub Rule (6) )
Form of Khanapuri Purcha
Revenue Vill:-............Thana No:-................Anchal:-................District:-.............................
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Name of the Raiyat, Father's/ Husband's Name,
Caste & Address(In case more than one Raiyat their names &
share)
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Khata No.
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Khesra No.
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Area
A. D.
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Old
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New
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Old
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New
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1
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2
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3
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4
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5
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6
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Boundary
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Classification of lands
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Rent excluding cess
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Basis for entry in the revenue records like
succession/ gift/purchase/ exchange/others
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Remarks Including Possession
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7
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8
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9
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10
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11
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Seal and Signature of the Camp-In-Charge.
Form-8
(See Rule-9 Sub Rule (9) )
Form of Claims/objections
### 1. Name, Father's/Husband's name and full address of the Claimant/objector:- ###
2. Name, Father's/Husband's name and full address of the opposite party:
### 3. Details of disputed lands:- Rev. Vill:-..................................Thana No:-.............Khata:-......................Khesra:-............Area:-................
### 4. Gist of Claim/objection:- ###
5. Relief Sought for :-
Signature/Thumb impression of the Claimant/objector...........................
Form-9
(See Rule 9 Sub Rule (9) )
Form of Acknowledgement of Claims/objections.
Sl. No................Date............. Name of the Claimant/objector.........................................
Signature of the Receiving Officer/Employee.
Note. - Portion below the line shall be torn and made over to the Claimant/objector as token of receipt of the Claim/objection petition.
Form-10
(See Rule-9 Sub Rule (10) )
Form of Register of Claims/objections.
Revenue Vill:-..................Thana No:-................Halka No:-...................Anchal:-...............District:-..................
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Sl. No.
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Date of filing of the Petition
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Name of the Claimant/Objector with full address
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Name of the opposite party with full address
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Disputed land
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Date of Disposal
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Substance of order with date
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Date of correction according to order
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khata no.
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Khesra no.
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Area A. D.
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10
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Form-11
(See Rule-10 Sub Rule (1) )
Form of Notice
Shri/Smt./Miss............................................Son/Daughter/Wife of Shri...................................resident of village ......................................... Post office ................................. Thana........................... Anchal........................ District....................... is hereby informed that the hearing with respect to claims/objections filed on.................... (date) , the details of which are given below, has been fixed on date........AM/PM at........................(Place).
Details of claim/objection
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Case No. and date of filing
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Name of the claimant/ objector alongwith,
Father's/ Husband's Name & Address
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Details of Land
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Boundary
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Gist of claims/ objections
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Name of Revenue Village
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Thana No.
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Khata No.
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Khesra No.
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Area A. D.
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1
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2
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3
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4
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9
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You are directed to appear in person or through your authorized representative with evidence, if any, in support of your claim/Objection on the date, time and place so fixed.
If you do not appear on the date, time and place fixed for hearing, the case may be disposed of ex-parte on the basis of available records.
Seal and Signature of the Officer.
Form-12
(See Rule-11 Sub Rule(1) )
Form of Draft Khanapuri Record of Rights
Revenue Village:-..........Thana No:-......... P.S.........Anchal:-..............District...........
All land owners/ holders or persons having interest in any land of revenue village..................revenue Thana No...................,the details of which are given below, are informed that the draft record of rights with respect to the land of revenue village..............Thana No..................is hereby published:.-
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Sl.No. of the khatian
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Khata No.
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Name of the Raiyat (in cases shares held by more
than one raiyat share wise name of raiyats), Father's/ Husband
name,Caste and residence
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Khesra No.
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Area A. D
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Boundary
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Classification of land
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1
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2
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3
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4
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5
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6
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7
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Cultivable land under crop
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Un-cultivable land
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Rent excluding cess
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Remark's (Including Possession/ type of
possession)
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Bhadai
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Aghani
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Rabbi
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others
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8
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9
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10
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11
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12
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13
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14
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The draft record of rights shall remain published till..................(date) ,You are requested to peruse the draft record of rights with regard to your land or the land in which you have any subsisting interest.
Seal & Signature of A.S.O.
Incharge of Camp.
Form-13
(See Rule-13 Sub Rule (1) )
Form of Notice Inviting Claims/objections During Draft Publication of The Khanapuri Record of Rights.
Notice to:- All concerned persons of Revenue village........................................................................... Thana No..................Anchal........................................Distirct............................
It is hereby informed that the draft Khanapuri record of rights including map of Revenue village...........Thana No..............Anchal................District..............has been prepared and is being published from..................... to................... During this period, it shall remain available to all land holders and concerned persons for inspection, free of cost. During the aforesaid period, claim/objection petition with respect to the entry therein and the omission therefrom the draft Khanapuri records, may be filed and the same shall be received in special survey and settlement camp office.
Place:-
Date:-
Seal and Signature of the Camp In-Charge.
Form-14
(See Rule-13 Sub Rule (4) )
Form of Filing Claims/objection
### 1. Name, Father's/Husband's name and full address of the Claimant/objector:- ###
2. Name, Father's/Husband's name and full address of the opposite party:-
### 3. Details of disputed lands:- Rev.Vill:-..........................Thana No:-...........Khata:-.....................Khesra:-.................Area:-......................
### 4. Gist of Claim/objection:- ###
5. Relief Sought for:-
Signature/Thumb impression of the Claimant/objector............................
Form-15
(See Rule-13,Sub Rule (5) )
Form of Register of Claims/objections Filed During Draft Publication of Record of Rights.
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Sl. No.
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Case No. and Date of Filing
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Name of the Claimant/ Objector, Father's/
Husband's Name and full address
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Name Father's/ Husband's Name and full address of
the opposite party
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Details of Disputed Land
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Anchal
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Revenue Village
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Thana No.
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Khata No.
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Khesra No.
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Area
A. D.
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10
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Date of Hearing
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Gist of the Order
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Date of correction according to the order, if
required
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Initial of the officer
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11
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12
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13
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14
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Form- 16
(See Rule-13 Sub Rule (5) )
Form of Acknowledgement of Claims/objections.
Sl.No.......Date................. Name of the Claimant/objector......................
Signature of the Receiving Officer/Employee.
Note. - Portion below the line shall be torn and made over to the Claimant/objector as token of receipt of the Claim/objection petition
Form-17
(See Rule-13,Sub Rule (7) )
Form of Notice To Parties For Hearing of Claims/objections Filed During Draft Publication of Record of Rights.
Shri/Smt./Miss.......................Son/Daughter/Wife of Shri.....................Resident of Village.......................Post Office.......................Thana............................Anchal..........................District.......................is hereby informed that hearing with regard to claims/objections filed on ........................(date) ,the details Whereof are given below, has been fixed on ....................A.M/P.M............................at.......................(place).
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Case No.
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Date of filing
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Parties Involved
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Details of Land
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Boundary
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Gist of Claims/ Objections
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Revenue Village
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Thana No.
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Khata No.
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Khesra No.
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Area A. D.
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7
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You are directed to appear in person or through your authorized representative on the date, time and place fixed for hearing alongwith evidences in support of your claim/objection, failing which, the case may be disposed of ex-parte on the basis of the available records.
Seal & Signature of the Officer In-Charge of the Camp.
Form-18
(See Rule-14, Sub Rule (4) )
Form For New Teriz Or Abstract of New Record of Rights
Revenue Village................... Revenue Thana No ..................Anchal................District...............
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Sl. No.
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Old Khata No.
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New Khata No.
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Name of Old Raiyat
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Name of New Raiyat
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New Plot No.
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Area
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Rent excluding Cess
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Remarks including possession
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Cultivable
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Un cultivable
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Others
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Total
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Seal & Signature of Asstt. Settlement Officer -in-Charge of the Camp.
Form - 19
(See Rule 14 Sub Rule (4) )
Form of New Khesra Register
Revenue Village......... Revenue Thana No ..................Anchal................District...............
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Sl. No.
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Old Khesra No.
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New Khesra No.
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Old Khata No.
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New Khata No.
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Old Area A. D.
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New Area A. D.
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Old Boundary
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New Boundary
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Name of Old Raiyat
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Name of New Raiyat
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Area under Crop
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Rent excluding Cess
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Remarks including Possession
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Bhadai
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Aghani
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Rabbi
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Other Crops
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Cultivable
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Un-cultivable
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Signature of Amin/Licensed
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Surveyor Signature of Kanoongo
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Signature of A.S.O.-in-charge of Camp.
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Form-20
(See Rule-15 Sub Rule(1) )
Form For Final Publication of Record of Rights
All the Land owner/holders or persons having interest in any land of revenue village...................revenue Thana No..................are hereby informed that the final record of rights with respect of the land of the revenue village......................Revenue Thana No..................... the description whereof are given below, is being published. Revenue Village:-.....................Revenue Thana No:-................ P.S................ Anchal:-................ District.................
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Sl.No. of the
khatian
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Khata No.
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Name of the Raiyat (in case of share held by more
than one raiyat share wise name of raiyats), Father's name,Caste
and residence
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Khesra No.
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Area
A. D
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Boundary
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Classification of land
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Cultivable area under crop
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Area of Un-cultivable land
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Rent excluding cess
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Remark's (Including Possession/ type of
possession)
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Bhadai
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Aghani
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Rabbi
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others
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14
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The final record of rights shall remain published till............................ (date) . You are requested to peruse the final record of rights during this period.
Date :-
Seal and Signature of the Settlement Officer of the District
Form - 21
(See Rule-15 Sub Rule (3) )
Form For Filing Claims/ Objections During/after The Final Publication of Record of Rights.
### 1. Name, Father's/Husband's name and full address of the Claimant/objector:- ###
2. Name, Father's/husband's name and full address of the opposite party:-
### 3. Details of disputed lands:- Revenue Vill:-....................Thana No:-...................Khata:-...................Khesra:-.................Area:-.........................
### 4. Gist of Claim/objection:- ###
5. Relief Sought for:-
Date:-........
Signature/Thumb Impression of the Claimant/objector
Form - 22
(See Rule-15,Sub Rule (4) )
Form of Notice To Parties For Hearing of Claims/objections Filed During/after Final Publication of Record of Rights
Shri/Smt./Kumari.......................................Son/Daughter/Wife of Shri ..................... Resident of Village ....................... Post Office ....................... Thana ............................ Anchal .......................... District ....................... is hereby informed that hearing with regard to claim/objection filed on ........................ (date) ,the details whereof are given below, has been fixed on ............ at ................... A.M/P.M .......................................... (place).
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Case No.
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Date of filing
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Parties Involved
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Details of Land
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Gist of Claim/ Objection
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Revenue Village
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Thana No.
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Khata No.
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Khesra No.
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Area A. D.
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Boundary
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You are directed to appear in person or through your authorized representative on the date, time and place fixed for hearing alongwith evidence in support of claim/objection, failing which the case may be disposed off ex-parte on the basis of available records.
Seal & Signature of the Officer Notified Under Rule 15(2) for disposal of claims/objections.
|
65b93885ab84c7eca86e8a3e | acts |
State of Odisha - Act
-----------------------
The Revised Orissa Old Age Pension Rules, 1989
------------------------------------------------
ODISHA
India
The Revised Orissa Old Age Pension Rules, 1989
================================================
Rule THE-REVISED-ORISSA-OLD-AGE-PENSION-RULES-1989 of 1989
------------------------------------------------------------
* Published on 25 March 1975
* Commenced on 25 March 1975
The Revised Orissa Old Age Pension Rules, 1989
Published vide Orissa Gazette Notification No. 7448-3-SD-1/89-C.D./Resolution/22.7.1989
The State Government had through their Resolution No. 120666/Pen.-30-74/F., dated the 25th March, 1975 introduced a scheme for grant of pension to destitutes of 65 years of age and above. The scheme was administered through the provisions of the Orissa Old Age Pension Rules which formed a part of the Resolution. In Resolution No. 8278, dated the 16th October, 1985, the benefits of the Scheme were extended to destitute widows of 50 years of age and above. In Resolution No. 1863, dated the 17th February, 1989, it was further decided that leprosy patients with visible signs of deformity would also be eligible for this pension at the age of 60 years and above.
### 2. After careful consideration, Government have further been pleased to decide that the Old Age Pension Rules shall be further revised with a view to ensuring expeditious payment of pension to old age pensioners by administering the scheme through the Panchayat Samitis in lieu of the Tahsils. This would ensure greater involvement of the Panchayati Raj institutions with the social welfare programme of Government.
### 3. The provisions of the Orissa Old Age Pension Rules are accordingly further amended as follows :
Part-I General rules
### 1. These rules may by called "The Revised Orissa Old Age Pension Rules, 1989".
### 2. They shall be applicable throughout the State of Orissa.
### 3. The scheme had come into force on the 1st day of April, 1975. The revised rules shall come into force from the date they are notified in the Gazette.
### 4. The rules apply to all eligible persons defined as such under Rule 5.
### 5. Eligibility criteria.
- A person shall be eligible for pension under these rules, if he or she-
[(a) (i)
is of 65 years of age or above;
(ii) or a widow (irrespective of age);
(iii) or a Small Farmer/Marginal Farmer or a Landless Agricultural Labourer of 60 years of age or above;
(iv) or Leprosy patient with visible signs of deformity of 60 years of age or above;
(b) [his or her income does not exceed Rs. 3,200 (Rupees three thousand and two hundred) per annum as certified by Block Development Officer/Tahasildar;]
(c) [\* \* \*]
[Deleted vide Orissa Gazette Extraordinary No. 76/22.1.1991.]
(d) is a permanent resident of Orissa;
(e) has not been convicted of any criminal offence; and
(f) it not in receipt of any other assistance from the Government, State or Central or any Organisation aided by either Government.
Explanation - (i) Professional beggars, vagrants and mendicants shall not be eligible for such pension even if they satisfy the criteria mentioned above.
(ii) Where both the wife and husband are covered under the above definition, each of them will be eligible for such pension.]
### 6. Rate of pension.
- The amount of pension payable to each pensioner under the scheme shall be of such amount as may be notified by Government from time to time, the present rate of pension being [Rs. 100 per month.]
[Substituted vide Orissa Gazette Extraordinary No. 1342/19.10.1990.]
### 7. Application forms.
- (i) Application form may be obtained free of cost from the office of the Block Development Officer or the Executive Officer of Municipality/N.A.C. concerned.
(ii) Applications for Old Age Pension in the prescribed forms shall be submitted in triplicate by the eligible persons in the rural areas of the District to the concerned. Block Development Officer and by the eligible persons in the N.A.C./Municipality areas of the District to the concerned Executive Officer of the Municipality/N.A.C.
(iii) Verification of the applications-OAP-I Register for receipt of applications - In the rural area, on receipt of an application, the Block Development Officer shall acknowledge the same and have it entered in the Register in Form OAP-I through the Social Education Organiser. He shall then cause it to be enquired through the concerned Extension Officer of the Block who has been assigned the concerned Grama Panchayat for supervision.
(iv) Verification of application and enquiry at Panchayat Samiti - Each Extension Officer, on receipt of the application from the Block Development Officer will enquire into the eligibility of the applicant in terms of Rule 5 read with Rule 7 (vi) and (vii) and record his findings on the body of the application and submit it to the Block Development Officer within a period of 30 days. In case of necessity to verify the land records, the Extension Officer concerned shall either personally or through the V.L.W. concerned contact the Revenue Inspector of that area and obtain his endorsement on the body of the application.
(v) Verification of applications and enquiry at NAC/Municipality - In the Urban area, on receipt of an application, the, Executive Officer of the N.A.C./ Municipality shall conduct a verification, either by himself or through a nominee of the N.A.C./Municipality with reference to the eligibility criteria fixed under Rule 5 read with Rule 7 (vi), (vii) and such verification shall be completed within 15 days from the receipt of the application. In case, of necessity for verification of land records etc., the Executive Officer shall take immediate steps to obtain the endorsement of the Revenue Inspector of the area on the body of the application through personal contact. Documents completed in all respects should be duly, scrutinised by the Executive Officer and forwarded to B.D.O. within a period of 30 days under intimation to Sub-Collector concerned.
(vi) Proof of age - If the age of the applicant given in the application is found to be incorrect or doubtful, the Extension Officer/Executive Officer may verify the same from other dependable sources like-
(a) Electoral Roll of the Grama Panchayat/N.A.C./Municipality;
(b) School Leaving Certificate;
(c) Birth Registration Certificate.
(vii) If none of the above are available, the age certificate from Medical Officer not below the rank of an Assistant Surgeon of the nearest P.H.C./Hospital may be obtained. The age shall then be certified by the Extension Officer/nominee of Executive Officer and countersigned by the Block Development Officer/Executive Officer as the case may be.
### 8. Scrutiny of applications and recommendations and receipt of sanction OAP-II.
- After the applications are received from Executive Officers/Extension Officers, the Block Development Officer shall personally scrutinise the applications at his end and recommend them to the Sub-Collector within a period of 30 days in order of priority for sanction, indicating the full address of the applicants and the names of the Grama Panchayats/N.A.Cs./Municipalities to which they belong. The applications thus recommended by the Block Development Officer shall be entered in the Register in Form No. OAP-II.
### 9. Sanction of applications in OAP-IV.
- The Sub-Collector shall maintain a list of all applications received by him from the Block Development Officers, Grama Panchayat-wise/Block-wise/N.A.C.-wise/Municipality-wise in form No. OAP-IV.
### 10. Sanction of pension in OAP-IV and rejection in OAP-III by Sub-Collector.
- The Sub-Collector on receipt of applications shall get them examined as soon as possible but not exceeding a period of one month. He may either sanction payment of pension or reject the applications. The Sub-divisional Social Welfare Officer shall assist the Sub Collector in maintenance of the prescribed registers and timely disposal of the applications. Applications sanctioned should be entered in OAP-IV and applications rejected in OAP-III.
### 11. B.D.O. to maintain registers in OAP-III and OAP-IV.
- Applications sanctioned/rejected by the Sub-Collector shall be returnee to the Block-Development Officer concerned who in turn shall also maintain registers in Form No. OAP-III and OAP-IV respectively.
Sanction of pension in Form No. OAP-VIII-The sanction order in Form No. OAP-VIII shall be maintained by Sub-Collector alongwith full particulars of the pensioner. The sanction orders are to be issued from the prescribed register of which the original is to be sent to B. D. O. concerned and the counterfoil to be kept for verification.
### 12. The Block Development Officer shall sent a copy of the sanction or rejection order to the applicant within a week of the receipt of such order under Certificate of Posting under intimation to Executive Officer where necessary. Payment of pension in full shall commence from the first of the month following the month of sanction.
OAP-II Column 7 - The B.D.O. shall prepare an Identity Card for the pensioner which should contain the following information :
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| --- | --- |
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Block/Town/Municipality/N.A.C.
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Grama PanchayatWard No.
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(i) Name :
(ii) Full Address (Village, P. O., P.S., District and Pin Code)
(iii) Age of the pension-holder on the date of sanction
(iv) Number allotted to the pensioner :
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| --- | --- |
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Signature/Thumb impressionof the Pensioner
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Signature of the B.D.O.
|
Note - (i) The pass-port size photograph duly defaced by the seal and signature of the Block Development Officer shall be affixed to the right-hand corner of the Identity Card after first payment for which the Pensioner is required to appear in person. Two photographs are to be duly attested, one fixed to the Identity Card and the other one pasted in Register OAP-IV.
(ii) Date of death - The Extension Officer/Executive Officer concerned shall report every case of death of a pensioner immediately after occurrence to the Block Development Officer.
### 13. Once an application has been rejected by the Sub-Collector further review or consideration of the same shall lie with the Collector either on his own information or through an application. An order thus passed after review by the Collector shall be final and there shall be no appeal against the same.
### 14. Remittance of pension.
- [The amount of Old Age Pension sanctioned by the Sub-collector shall be disbursed every month to the pensioner by the Block Development Officer himself directly or through officers subordinate to him at such place, as may be decided by Government. The Government may also decide any other Agency or mode of disbursement from time to time.]
[Substituted vide Orissa Gazette Extraordinary No. 418/17.3.1993-Notification No. 2294-I-SD-18/93-P.R./2.3.1993.]
### 15. Annual verification.
- The Block Development Officer/Executive Officer shall by himself or through a nominee conduct an annual verification of pensioners to ascertain that the pensioner is living and continues to fulfil all the conditions of eligibility. The verification shall ordinarily be conducted in the first week of April each year. If either as a result of this enquiry or otherwise the Block Development Officer/Executive Officer is satisfied that the pensioner is no longer alive or has ceased to fulfil any of the conditions of eligibility, he shall immediately cancel the pension and make an entry to that effect in the register of pensioners in red ink and forthwith communicate the same to Sub-Collector for approval. For the purpose of cancellation, the Sub-Collector shall be the final authority.
### 16. Change of address.
- Any change of pensioner's address which comes to the notice of the Block Development Officer/Executive Officer in course of annual verification or otherwise, shall forthwith be entered in the register of pensioners. In case a pensioner has moved outside the State, the payment of pension should be stopped forthwith. Pension is admissible in case of temporary change of residence not exceeding three months within the State.
### 17. The pension under the Scheme shall not be commutable.
### 18. Cessation of pension.
- The pension shall cease to be payable from the date following the date of death of the pensioner.
### 19. Collector as final authority.
- The Collector shall be the supervisory authority in the District. He shall have powers to direct stoppage of payment of Old Age Pension if in any case, it was sanctioned on mistaken ground or if the conditions for grant of pension no longer exist.
### 20. Withholding of pension.
- Further good conduct is an implied condition for the grant of pension under the Scheme. The Sub-Collector shall have the right of withholding or withdrawing a pension if the pensioner is convicted of any criminal offence.
### 21. In case of death of pensioner, the outstanding amount, if any, cannot be claimed by the legal heir of the deceased.
### 22. All Old Age Pensions are a matter of absolute discretion of the Government and may be refused or discontinued without giving any reason and shall not be subject to any question in the Court of law or otherwise.
Part-II Accounting Procedure
### 23. These rules shall regulate the accounting procedure relating to the Revised Orissa Old Age Pension Scheme, 1989.
### 24. Allotment register in Form OAP-VI.
- The Block Development Officer shall account for allotments received from the Sub-Collector and maintained in the register OAP-VI.
### 25. The Sub-Collector shall also maintain a register in Form OAP-VI for the allotments received from Government and distribute allotments, Block-wise within 5 days from the date of receipt of allotment. He shall review monthly progress of expenditure regarding payment of pension to the pensioner in his Sub-divisions.
### 26. The allotment in respect of each Block is to be communicated by Government in the C.D. and R.R. Department to the Sub-Collector under intimation to Collector.
### 27. [The amount of pension sanctioned by the Sub-Collector shall be paid by B.D.O. without any authority of A.G., Orissa to the Pensioner in every month subject to the provision of Rule 14.]
[Substituted vide Orissa Gazette Extraordinary No. 418/17.3.1993-Notification No. 2294-I-S.D.-18/93-P. R.12.3.1993.]
### 28. [\* \* \*]
[Deleted vide Orissa Gazette Extraordinary No. 418/17.3.1993-Notification No. 2294-I-S.D.-18/93-P. R.12.3.1993.]
### 29. Register for return of money orders.
- [Proper watch and maintenance of accounts of the pensions which are returned to the office of the Block Development Officer as undisbursed shall be entered in the Register OAP-VII. It should be seen that after making necessary entries, returned/undisbursed pensions are refunded to Treasury/Sub-Treasury. In no case shall the amount be kept in the P.L. Account.]
[Substituted vide Orissa Gazette Extraordinary No. 418/17.3.1993-Notification No. 2294-I-S.D.-18/93-P. R.12.3.1993.]
### 30. Recovery of pension and fixation of responsibility.
- If it is proved that any individual has been irregularly sanctioned with Old Age Pension, action shall be taken not only to recover the amount, if possible, but also action shall be taken against the officer concerned in case there is any evidence of mala fide or gross negligence on the part of the officer.
### 31. The expenditure shall be debited to the appropriate units under "Demand No. 18-2235-Social Security and Welfare-60-Other Social Security and Welfare Programme-102-Pension under Social Security Scheme-(A) Old Age and Widow Pension for destitutes, voted".
### 32. B.D.Os. are declared as drawing and disbursing officers in respect of Old Age Pension/Widow Pension and Pension to leprosy affected.
Supervision of the Scheme
### 33. The Community Development and Rural Reconstruction Department (Social Welfare) shall be in-charge of administration of the Scheme.
### 34. The Collector may review the implementation of the scheme in any area of the district. The Collector shall further be competent to cause an inspection/periodical test check in any area of the district on any matter connected with the administration of the scheme by himself or an officer nominated by him. The District Social Welfare Officer at the district level, Sub-divisional Welfare Officer at the Sub-division level and the Social Education Organiser at the Block level should remain in charge of proper execution of the scheme and maintenance of records.
### 35. The Sub-Collector shall in respect of the Sub-division has the powers of the Collector.
### 36. The Sub-Collector should furnish reports as prescribed to Collector/Government on the date fixed in order to ensure proper implementation of the Scheme.
Clarification and Instruction by the Government
### 37. Any difficulty in interpretation of any provision of these rules or in administering the same, it shall be referred to Government in the Community Development and Rural Reconstruction Department (Social Welfare) for issue of appropriate instructions or clarifications.
O. A. P.-I
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Sl. No.
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Name of the applicant
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Full address
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Date of application and Diary No.
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Name of the Grama Panchayat
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Name of the Extension Officer allotted with date
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Date of submission of the enquiry report
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Remarks
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(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
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O. A. P.-II
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Sl. No.
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Name of the applicant
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Full address
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Date of recommendation to Sub-Collector
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Date of receipt of sanction
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Number allotted to Pensioner by Sub-Collector
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Date of commencement of pension as ordered by
Sub-collector (Identity Card No.)
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Date of death
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Remarks Signature of B.D.O.
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Letter No.
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Date
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Letter No.
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Date
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(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
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O. A. P.-III
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Sl. No.
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Name of the applicant
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Full address
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Date of receipt of application from B.D.O.
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Letter No. and date of communication of rejection
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Reasons of rejection
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Signature of Block Development Officer/
Sub-Collector
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Remarks
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(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
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O. A. P.-IV
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| --- | --- | --- | --- | --- | --- | --- | --- | --- |
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Sl. No.
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Name of the applicant
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Full address
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Name of the block
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Name of the Grama Panchayat
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Letter No. and date of sanction of pension by
Sub-Collector
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Account Number allotted to the pensioner
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Letter No. and date of communication to B.D.O.
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Remarks Attested Pass Port size photographs to be
affixed (allot space for photograph)
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(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
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(Form No. V (Old Form OAP-B)
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Sub-Division/Block
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(Payment) |
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1.
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Number allotted to the Pensioner
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2.
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Name of payee with full address
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3.
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Monthly amount and date of commencement
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4.
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Letter No. and date of sanction order
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}
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April
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5.
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No. and date of M.O. Receipt
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6.
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Date of actual payment as per acknowledgement
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7.
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Number and date of M.O. Receipt
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}
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May
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8.
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Date of actual payment as per acknowledgement
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9.
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Dated initial of B.D.O. in token of verification
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10.
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Number and date of M.O. Receipt
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}
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June
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11.
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Date of actual payment as per acknowledgement
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12.
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Dated initial of B.D.O. in token of verification
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13.
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No. and date of M.O. Receipt
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}
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July
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14.
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Date of actual payment as per acknowledgement
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15.
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Dated initial of B.D.O. in token of verification
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16.
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No. and date of M.O. Receipt
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}
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August
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17.
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Date of actual payment as per acknowledgement
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18.
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Dated initial of B.D.O. in token of verification
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19.
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No. and date of M.O. Receipt
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}
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September
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|
20.
|
Date of actual payment as per acknowledgement
|
|
21.
|
Dated initial of B.D.O. in token of verification
|
|
22.
|
No. and date of M.O. Receipt
|
}
|
October
|
|
23.
|
Date of actual payment as per acknowledgement
|
|
24.
|
Dated initial of B.D.O. in token of verification
|
|
25.
|
No. and date of M.O. Receipt
|
}
|
November
|
|
26.
|
Date of actual payment as per acknowledgement
|
|
27.
|
Dated initial of B.D.O. in token of verification
|
|
28.
|
No. and date of M.O. Receipt
|
}
|
December
|
|
29.
|
Date of actual payment as per acknowledgement
|
|
30.
|
Dated initial of B.D.O. in token of verification
|
|
31.
|
No. and date of M.O. Receipt
|
}
|
January
|
|
32.
|
Date of actual payment as per acknowledgement
|
|
33.
|
Dated initial of B.D.O. in token of verification
|
|
34.
|
No. and date of M.O. Receipt
|
}
|
February
|
|
35.
|
Date of actual payment as per acknowledgement
|
|
36.
|
Dated initial of B.D.O. in token of verification
|
|
37.
|
No. and date of M.O. Receipt
|
}
|
March
|
|
38.
|
Date of actual payment as per acknowledgement
|
|
39.
|
Dated initial of B.D.O. in token of verification
|
|
40.
|
Date of death of termination of pension to be attested by the
B.D.O.
|
|
|
Note - In case of first payment of pension, when the pensioner is required to appear before B.D.O. and received payment in person a note to that effect may be kept in the appropriate column of the register for remittance of pension and the columns for remittance by M.O. should be modified appropriately.
O. A. P.-VI
Allotment Register
| | |
| --- | --- |
|
Pension M.O.C. Total
|
Month...........
|
|
Total allotment
|
Year.............
|
|
Year..........
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Letter No. and date of allotment
|
Amount sanctioned
|
Expenditure incurred
|
Balance
|
Remarks
|
|
Pension
|
M.O.C.
|
Total
|
Pension
|
M.O.C.
|
Total
|
Pension
|
M.O.C.
|
Total
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
|
|
|
|
|
|
|
|
|
|
|
O.A.P.-VII
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Number allotted
|
Full address of payee
|
Month to which payment relates
|
Date and number of money order
|
Amount of pension
|
Date of return of money order if not paid
|
Date of refund of unpaid amount to the Treasury/
Sub-Treasury
|
Remarks
|
|
Pension
|
M.O.C.
|
Total
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
|
|
|
|
|
|
|
|
|
|
|
O.A.P.-VII
Old Age and Widow Pension
Government of Orissa
Office of the Sub-Collector :
Date..........
### 1. Sanction is accorded to the grant of an Old Age Pension of Rs......per month to Shri/Smt..........................payable at........with effect from.................. till life/or until cancelled or until cessation or destitution whichever is earlier. ###
2. The charge is debatable to "Demand No. 18-2235-Social Security and Welfare-60-Other Social Security and Welfare Programme 102-Pension under Social Security Schemes-(A) -Old Age and Widow Pension for destitute-Voted".
### 3. Form of sanctioned order : | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Name of the pension
|
Full address, Village, P.O., G.P. Block, District
|
Account number allotted
|
Case Record number
|
To be paid from
|
Remarks
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
|
|
|
|
|
|
|
|
Sub-Collector
Memo No...................
Dated ............
Copy forwarded to the Block Development Officer for information and necessary action.
Sub-Collector
Index of Forms
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl. No.
|
Form Number
|
To be maintained by
|
Reference to Rules
|
Purposes
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
1.
|
OAP-I
|
B.D.O.
|
7 (iii) |
Register of receipt of application
|
|
2.
|
OAP-II
|
B.D.O.
|
8, 12
|
Register of Sanction Order, issue of Identity Card, full
address of pensioner
|
|
3.
|
OAP-III
|
Sub-Collector/ B.D.O.
|
10, 11
|
Register of rejection of application
|
|
4.
|
OAP-IV
|
Sub-Collector/ B.D.O.
|
9,10,11,12
|
Register of sanctioned order
|
|
5.
|
OAP-V
|
B.D.O.
|
28
|
Register of payment of pension
|
|
6.
|
OAP-VI
|
Sub-Collector/ B.D.O.
|
24, 25
|
Register of allotment
|
|
7.
|
OAP-VII
|
B.D.O.
|
29
|
Register of undisbursed money order
|
|
8.
|
OAP-VIII
|
Sub-Collector
|
11 (a) |
Form of sanction order
|
|
9.
|
Application form in Oriya
|
Available with B.D.Os./E.Os.
|
7 (i) |
For sanction of OAP and widow pension
|
Order - Ordered that the Resolution be published in the Orissa Gazette.
[Substituted vide Orissa Gazette Extraordinary No. 1342/19.10.1990.]
|
65b9bba1ab84c7eca86e9cc5 | acts |
State of Rajasthan - Act
--------------------------
The Rajasthan Colonisation (Land Development Works) Rules, 1976
-----------------------------------------------------------------
RAJASTHAN
India
The Rajasthan Colonisation (Land Development Works) Rules, 1976
=================================================================
Rule THE-RAJASTHAN-COLONISATION-LAND-DEVELOPMENT-WORKS-RULES-1976 of 1976
---------------------------------------------------------------------------
* Published on 2 March 1976
* Commenced on 2 March 1976
The Rajasthan Colonisation (Land Development Works) Rules, 1976
Published vide Notification No. G.S.R. 139/F. 4(7) Revenue/Col./76, dated 2-3-1976 - Rajasthan Gazette, Extraordinary, Part 4-C, Sub-part 1, dated 4-3-1976
In exercise of the powers conferred by section 28 read with section 9 of the Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954), the State Government hereby makes the following rules namely, Rajasthan Colonisation (Land Development Works) Rules, 1976.
### 1. Short title.
- These Rules may be called the Rajasthan Colonisation (Land Development Works) Rules, 1976.
### 2. Definitions.
- In these rules unless there is anything repugnant in the subject or context:-
(i) "Act" means the Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of 1954).
(ii) "Section" means a Section of the Act.
### 3. Mode of service notice.
- Every notice under this Act shall be served either by tendering or delivering a copy thereof, or sending such copy by post in a cover registered under the Indian Post Office Act, 1898 (Central Act VI of 1898), to the person on whom it is to be served or his authorised agent, or, if service in the manner aforesaid cannot be made, by affixing a copy thereof at his last known place of residence or at some place of public resort in the village in which the land to which the notice relates is situated.
### 4. Higher rent for Land Development Works.
- In case of land being in the possession of a sub-tenant of mortgagee under a valid lease of mortgage at the time of land development works, such sub-tenant, shall be liable to pay such proportionate higher rent, for the remaining period of the lease or such mortgagee shall be liable to account for at the time of assessing the re-payment or debt amount as the case may be, for the increased income from the land development work as the State Government may prescribe from time to time in this behalf.
|
65ba7855ab84c7eca86eb84e | acts |
Union of India - Act
----------------------
The Insurance Regulatory And Development Authority (Investment) Regulations, 2000
-----------------------------------------------------------------------------------
UNION OF INDIA
India
The Insurance Regulatory And Development Authority (Investment) Regulations, 2000
===================================================================================
Rule THE-INSURANCE-REGULATORY-AND-DEVELOPMENT-AUTHORITY-INVESTMENT-REGULATIONS-2000 of 2000
---------------------------------------------------------------------------------------------
* Published on 14 August 2000
* Commenced on 14 August 2000
The Insurance Regulatory And Development Authority (Investment) Regulations, 2000
Published vide Notification No. IRDA/Reg/8/2000, dated 14.8.2000, published in the Gazette of India, Extraordinary, Part III, Section 4, dated 16.8.2000.
### 14. /666
[14th August, 2000]
In exercise of the powers conferred by sections 27-A, 27-B, 27-D and 114-A of the Insurance Act, 1938 (
4 of 1938
), the Authority in consultation with the Insurance Advisory Committee hereby makes the following regulations, namely:-
### 1. Short title and commencement .-(1) These regulations may be called The Insurance Regulatory and Development Authority (Investment) Regulations, 2000.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Definitions .-In these regulations, unless the context otherwise requires,-
(a) "Act" means the Insurance Act, 1938 (
4 of 1938
);
(b) "accretion of funds" means investment income, gains on sale/redemption of existing investment and operating surplus;
(ba) [ "Investment Assets" mean all investments made out of:
(i) in the case of a Life Insurer-
(a) share-holders funds representing solvency margin, non-unit reserves of unit linked insurance business, participating and non-participating funds of policy-holders;
(b) policy-holders funds of pension and general annuity fund at their carrying value; and
(c) policy-holders unit reserves of unit linked insurance business at their market value; and
(ii) in the case of a General Insurer-
(a) share-holder funds representing solvency margin and policy-holders funds at their carrying value as shown in its balance sheet drawn as per the Insurance Regulatory and Development Authority (Preparation of Financial Statements and Auditors' Report of Insurance Companies) Regulations, 2000, but excluding items under the head "Miscellaneous Expenditure";]
[(c) "Authority" means the Insurance Regulatory and Development Authority established under sub-section (1) of section 3 of the Insurance Regulatory and Development Authority Act, 1999 (
[41 of 1999
);
(ca) "Group" means,-
(i) two or more individuals, association of individuals, firms, trusts, trustees or bodies corporate or any combination thereof, which exercises, or is established to be in a position to exercise, control, directly or indirectly, over any body corporate, firm or trust, or
(ii) Associated persons, as may be stipulated by the Authority, from time to time, by issuance of guidelines under these regulations;]
(cb) "Financial Derivatives" means a derivative as defined under clause (aa) of section 2 of the Securities Contracts (Regulation) Act, 1956 (
[42 of 1956
), and includes a contract which derives its value from interest rates of underlying debt securities and such other derivative contracts as may be stipulated by the Authority, from time to time;]
[Added by Notification No. IRDA/Reg./1/2004, dated 1.1.2004 (w.e.f. 5.1.2004). ]
[Added by Notification No. IRDA/Reg./1/2004, dated 1.1.2004 (w.e.f. 5.1.2004). ]
(cc) Money Market Instruments .-Money Market Instruments shall comprise of short term funds with maturity not more than one year comprising of the following instruments:
[(1) Certificate of deposit rated by a credit rating agency registered under SEBI (Credit Rating Agencies) Regulations, 1999.
(2) Commercial paper rated by a credit rating agency registered under SEBI (Credit Rating Agencies) Regulations, 1999.
(3) Repose, Reverse Repo.
(4) Treasury Bills.
(5) Call, Notice, Term Money.
(6) CBLO as per Schedule I and II of these regulations.
(7) Any other instruments as may be prescribed by the Authority;]
(d) "Principal Officer" means any person connected with the management of an insurer or any other person upon whom the Authority has served notice of its intention of treating him as the principal officer thereof;
(e) all words and expressions used herein and not defined but defined in the Insurance Act, 1938 (
4 of 1938
), or in the Insurance Regulatory and Development Act, 1999 (
41 of 1999
), or in any rules or regulations made thereunder, shall have the meanings respectively assigned to them in those Acts or rules or regulations.
### 3. [(1) Life Business .-In terms of the Explanation to section 27-A of the Act, the Authority has determined that assets relating to pension business, Annuity business and all categories of Unit Linked business shall not form part of the Controlled Fund for the purpose of that section.
Without prejudice to section 27 or 27-A of the Act, every insurer carrying on the business of Life Insurance, shall invest and at all times keep invested his Investment Assets (other than funds relating to pension and general annuity business and all categories of Unit Linked business) in the following manner:
| | | |
| --- | --- | --- |
|
No.
|
Type of Investment
|
Percentage
|
|
(i) |
Government Securities
|
Not less than 25% of the fund
|
|
(ii) |
Government Securities Other Approved Securities
|
Not less than 50% of the fund [incl(i) above]
|
|
(iii) |
Investments as specified in section 27-A of Insurance Act,
1938 and Schedule I of the these regulations, subject to Exposure/Prudential Norms specified in regulations 5:
|
|
|
|
(a) Approved Investments and other Investments (Out of "(iii)(a)""Other investment" specified under (sic section )
27-A(2) of the Act, shall not exceed 15% of the fund)
|
Not exceeding 35% of the fund
|
|
|
(b) Investment in housing and infrastructure by way of subscription or purchase of:
|
|
|
|
1. Bonds/debentures of HUDCO and National Housing Bank
|
|
|
|
2. Bonds/debentures of Housing Finance Companies either duly accredited by National Housing Banks, for house building activities, or duly guaranteed by Government or carrying current rating of not less than
"AA" by a credit rating agency registered under SEBI (Credit Rating Agencies) Regulations, 1999
|
Not less than 15%
of the fund[(iii (b) and(c)taken together]
|
|
|
3. Asset Backed Securities with underlying housing loans, satisfying the norms specified in the guidelines issued under these regulations.
|
|
|
(c) Investment in Infrastructure:
|
|
|
|
(Explanation: Subscription or purchase of Bonds/Debentures, Equity and Asset Backed Securities with underlying infrastructure assets would qualify for the purpose of this requirement.
|
|
|
|
"Infrastructure facility" shall have the meaning as given in clause(h) of regulation 2 of Insurance Regulatory and Development Authority (Registration of Indian Insurance Companies) Amendment Regulations,
2008).
|
|
(2) Pension and General Annuity Business "> (2) Pension and General Annuity Business "> (2) Pension and General Annuity Business "> (2) Pension and General Annuity Business .-Every insurer shall invest and at all times keep invested funds belonging to his Pension and General Annuity Business in the following manner:-
| | | |
| --- | --- | --- |
|
No.
|
Type of Investment
|
Percentage
|
|
(i) |
Government Securities
|
Not less than 20% of the fund
|
|
(ii) |
Government Securities or other Approved Securities
|
Not less than 40% of the fund (incl(i) above)
|
|
(iii) |
Balance to be invested in Approved Investments, as specified in Schedule I, subject to Exposure/Prudential norms specified in regulation 5.
|
Not exceeding 60% of the fund
|
Note .-For the purposes of this sub-regulation no investment falling under "Other Investments" as specified under (sic section) 27-A (2) of Insurance Act, 1938 shall be made. However, funds pertaining to Group Insurance Business, except One Year Renewable pure Group Term Assurance Business (OYRGTA) shall form part of Pension and General Annuity Fund. OYRGTA funds shall follow the pattern of Investment of Life Business.
(3) Unit Linked Insurance Business.-Every insurer shall invest and at all times keep invested his segregated fund of Unit linked business as per pattern of investment offered to and approved by the policy-holders where the units are linked to categories of assets which are both marketable and easily realizable. However, the total investment in Other Investments, as specified under (sic section) 27-A(2) of Insurance Act, 1938, category shall at no time exceed 25% of such fund(s).]
[ Added by Notification No. IRDA/Reg/5/47/2008, dated 30.7.2008 (w.e.f. 11.8.2008).]
### 4. [(1) General Insurance Business.-Without prejudice to section 27-B of the Act, every insurer carrying on the business of general Insurance shall invest and at all times keep invested his investment assets in the manner set out below:
| | | |
| --- | --- | --- |
|
No.
|
Type of Investment
|
Percentage
|
|
(i) |
Government Securities
|
Not less than 20% of Investment Assets
|
|
(ii) |
Government Securities Other Approved Securities
|
Not less than 30% of Investment Assets [incl(i) above]
|
|
(iii) |
Investments as specified in section 27-B of Insurance Act,
1938 and Schedule II subject to Exposure/Prudential Norms specified in Regulation 5:
|
|
|
|
(a) Approved Investments and Other Investments (Out of "(iii)(a)""Other investment" specified under (sic section )
27-B(3) of the Act, shall not exceed 25% of Investment Assets)
|
Not exceeding 55%
|
|
|
(b) Housing and loans to State Government for housing and fire fighting equipment, by way of subscription or purchase of:
|
Not less than 5%
|
|
|
1. Bonds/debentures of HUDCO and National Housing Bank
|
|
|
2. Bonds/debentures of Housing Finance Companies either duly accredited by National Housing Banks, for house building activities, or duly guaranteed by Government or carrying current rating of not less than
"AA" by a credit rating agency registered under SEBI (Credit Rating Agencies) Regulations, 1999
|
|
|
|
3. Asset Backed Securities with underlying housing loans, satisfying the norms specified in the guidelines issued under these regulations.
|
|
|
|
(c) Investment in Infrastructure:
|
Not less than 10%
|
|
|
(Explanation.-Subscription or purchase of Bonds/Debentures, Equity and Asset Backed Securities with underlying infrastructure assets would qualify for the purpose of this requirement.
|
|
|
|
"Infrastructure facility" shall have the meaning as given in clause(h) of regulation 2 of Insurance Regulatory and Development Authority (Registration of Indian Insurance Companies) Amendment Regulations,
2008).
|
|
(2) Reinsurance Business -Every re-insurer carrying on re-insurance business in India shall invest and at all times keep invested his investment assets in the same manner as set out in sub-regulation (1), until such time, separate regulations in this behalf are formed by the Authority.
Note .-For the purpose of regulations 3 and 4:
### 1. All investment in assets or instruments, which are capable of being rated as per market practice, shall be made on the basis of credit rating of such assets or instruments. No investment shall be made in instruments, if such instruments are capable of being rated, but are not rated. ###
2. The rating should be done by a credit rating agency registered under SEBI (Credit Rating Agencies) Regulations, 1999.
### 3. Corporate bonds or debentures rated not less than AA or its equivalent and P1 or equivalent ratings for short term bonds, debentures, certificates of deposit and commercial paper, by a credit rating agency, registered under SEBI (Credit Rating Agencies) Regulations, 1999 would be considered as "Approved Investments". ###
4. The rating of a debt instrument issued by All India Financial Institutions recognised as such by RBI shall be of "AA" or equivalent rating. In case investments of this grade are not available to meet the requirements of the investing insurance company, and Investment Committee of the investing insurance company is fully satisfied about the same, then, for the reasons to be recorded in the Investment Committee's minutes, the Investment Committee may approve investments in instruments carrying current rating of not less than "A+" or equivalent as rated by a credit rating agency, registered under SEBI (Credit Rating Agencies) Regulations, 1999, would be considered as "Approved Investments".
### 5. Approved Investments under points 3 and 4 above, which are downgraded below the minimum rating prescribed should be automatically re-classified under "Other Investments" category for the purpose of pattern of investment.
### 6. Investments in equity shares listed on a registered stock exchange should be made in actively traded and liquid instruments, viz., equity shares other than those defined as thinly traded as per SEBI regulations and guidelines governing mutual funds issued by SEBI from time to time.
### 7. Not less than 75% of debt instruments excluding Government and Other approved Securities-fund wise, in the case life insurer and Investment Assets in the case of general insurer shall-have a rating of AAA or equivalent rating for long term and P1+ or equivalent for short term instruments. This shall also apply to Unit linked fund(s) .
### 8. Notwithstanding the above, it is emphasised that rating should not replace appropriate risk analysis and management on the part of the Insurer. The Insurer should conduct risk analysis commensurate with the complexity of the product(s) and the materiality of their holding, or could also refrain from such investments.]
### 5. [ Exposure/Prudential Norms .-Without prejudice to anything contained in sections 27-A and 27-B of Insurance Act, 1938, every insurer shall limit his investment based on the following exposure norms.
Exposure norms for Life (including Unit Linked business), General Insurance (including re-insurance) business for both Approved Investments as per Insurance Act, 1938, Schedule I and II of these regulations, and other Investments as permitted under (sic section) 27-A(2) and 27-B(3) of the Insurance Act, 1938:
| | | | |
| --- | --- | --- | --- |
|
Type of Investment
|
Limit for "investee" company
|
Limit for the entire "group" of the investee company
|
Limit for industry sector to which investee company belongs
|
|
(1) |
(2) |
(3) |
(4) |
|
(a) Investment in "equity" preference shares, convertible debentures
|
10% of outstanding equity shares (face value) or 10% of the respective fund in the case of life insurer/investment assets in the case of general insurer (including re-insurer) whichever is lower.
|
Not more than 10% of the respective fund in the case of life insurer/investment assets in the case of general insurer (including re-insurer).
|
Investment by the insurer in any industrial sector shall not exceed 10% of its total investment exposure to the industry sector as a whole.
|
|
|
|
The above percentage shall stand at 25% in the case of Unit linked funds.
|
The above percentage shall stand at 25% in the case of Unit linked funds
|
|
(b) Investment in debt/loans and any other permitted investments as per Act/regulation, other than item `a' above.
|
10% of the paid-up share capital, free reserves and debenture/bonds of the investee company or 10% of respective fund in the case of life insurer/investment assets in the case of general insurer (including re-insurer) whichever is lower.
|
|
on the lines of classification by National Industrial Classification Code for Extra Territorial Organizations and Bodies in India
(NIC) or any other system which adopts NIC classification).
|
Note .-1. Investments in equity including preference shares and convertible part of debentures shall not exceed 50% of above exposure norms as mentioned in the above table.
### 2. Investment in immovable property covered under section 27-A (1) (n) of Insurance Act, 1938 shall not exceed, at the time of investment, 5% of (a) Investment Assets in the case of general insurer and (b) 5% of Investment Assets of funds relating to life funds, pension and general annuity funds in the case of life insurer. ###
3. Subject to exposure limits mentioned in the table above, an insurer shall not have investments of more than:
(i) 5% in aggregate of its total investments in companies belonging to the promoters' groups, if invested out of Life, Pension and General Annuity funds or General insurance funds and;
(ii) 12.5% in aggregate of its total investments in companies belonging to the promoters' groups, if invested out of Unit linked funds, for the purpose of these regulations "Group" shall have the same meaning as defined under these regulations.
### 4. In the case of Life, Pension and General Annuity business the percentage and General insurance business the 10% of group and industry sector exposure shall be raised upto 15% with the prior approval of Investment Committee. The Investment Committee should exercise due care keeping in view the possible concentration and other related risks, in the interest of the policy-holders. Exposure norms applicable for investments, for which specific circulars/ guidelines are issued, shall be guided by such circulars/guidelines. ###
5. The exposure limit for financial and banking sector shall stand at 25% investment assets for all insurers.
### 6. Investment in fixed deposit, term deposit and certificate of deposit of a Scheduled Bank shall be made in terms of the provisions of section 27-A(9) and section 27-B(10) of the Insurance Act, 1938. Such investments would not be deemed as exposure to banking sector. However, investments in such fixed deposit, term deposit and certificate of deposit in a bank falling under the promoter group of the insurer, shall continue to be subject to promoter group exposure norms as per point 3 of Note to this regulation.] ###
6. [
Every insurer shall submit to the Authority the following returns within such time, at such intervals and verified/certified in such manner as indicated there against.
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
No.
|
Form
|
Description
|
Periodicity of Return
|
Time limit for submission
|
Verified/Certified by
|
|
1
|
Form 1
|
Statement of Investment and Income on Investment
|
Quarterly
|
Within 45 days of the end of the Quarter
|
Chief Executive Officer/Chief of Investments
|
|
2
|
Form 2
|
Statement of Downgraded Investments
|
Quarterly
|
Within 45 days of the end of the Quarter
|
Chief Executive Officer/Chief of Investments
|
|
3
|
Form 3-A (Part A,B,C)
|
Statement of Investments (Life Insurers)- Compliance Report
|
Quarterly
|
Within 45 days of the end of the Quarter
|
Chief Executive Officer/Chief of Investments
|
|
4
|
From 3-B
|
Statement of Investments (General Insurer)-Compliance Report
|
Quarterly
|
Within 45 days of the end of the Quarter
|
Chief Executive Officer/Chief of Investments
|
|
5
|
From 4
|
Exposure and other norms-quarterly compliance certificate.
|
Quarterly
|
Within 45 days of the end of the Quarter
|
Chief Executive Officer/Chief of Investments and Chief of Finance
|
|
6
|
From 4-A (Part A,B,C)
|
Statement of Investment Subject to Exposure Norms
-Investee Company
|
Quarterly
|
Within 45 days of the end of the Quarter
|
Chief Executive Officer/Chief of Investments
|
|
7
|
Form 5
|
Statement of Investment Reconciliation
|
Quarterly
|
Within 45 days of the end of the Quarter
|
Chief Executive Officer/Chief of Investments
|
|
8
|
Form 5-A
|
Statement of Mutual Fund Investment
|
Quarterly
|
Within 45 days of the end of the Quarter
|
Chief Executive Officer/Chief of Investments
|
|
9
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Form 6
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Certificate under sections 28(2-A) 28(2-B) and 28-B(3) of the Insurance Act, 1938
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Quarterly
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Within 45 days of the end of the Quarter
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Chief Executive Officer/Chief of Investments
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10
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Form 7
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Confirmation of Investment Portfolio Details
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Quarterly
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Within 45 days of the end of the Quarter
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Chief Executive Officer/Chief of Investments
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11
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Form 7-A
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Statement of Non-Performing Assets
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Quarterly
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Within 45 days of the end of the Quarter
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Chief Executive Officer/Chief of Investments
|
Note .-All returns for the quarter ending March shall be filed within the period stipulated above based on provisional figures and later re-submitted with Audited figures within 15 days of adoption of accounts by the Board of Directors.]
### 7. Power to call for additional information .-The Authority may, by general or special order, require from the insurers such other information in such manner, intervals and time limit as may be specified therein. ###
8. [ Duty to report extraordinary events affecting the investment portfolio
.-Every insurer shall report to the Authority forthwith, the effect or the probable effect of any event coming to his knowledge, which could have material adverse impact on the investment portfolio and consequently on the security of policy-holder benefits or expectations.]
### 9. [ Organisational structure for Investment management
-1. Every insurer shall constitute an Investment Committee which shall consist of a minimum of two non-executive directors of the Insurer, the Chief Executive Officer, Chief of Finance, Chief of Investment division, and wherever an appointed actuary is employed, the Appointed Actuary. The decisions taken by the Investment Committee shall be recorded and be open to inspection by the officers of the Authority.
### 2. Every Insurer shall draw up, annually an Investment Policy (fundwise investment policy in the case of unit linked insurance business) and place the same before its Board of Directors for its approval. While framing such policy, the Board shall ensure compliance with the following:- (i) issues relating to liquidity, prudential norms, exposure limits, stop loss limits including securities trading, management of all investment risks, management of assets liabilities, scope of internal or concurrent audit of investments and investment statistics and all other internal controls of investment operations, the provisions of the Insurance Act, 1938 and Insurance Regulatory and Development Authority (Investment) Regulations, 2000, guidelines and circulars made thereunder.
(ii) Ensuring adequate return on policy-holders and share-holders funds consistent with the protection, safety and liquidity of such fund(s).
(iii) The funds of the insurer shall be invested and continued to be invested in equity shares, equity related instruments and debt instruments rated as per Note below regulations 3 and 4 by a credit rating agency, registered under SEBI (Credit Rating Agencies) Regulations, 1999. The Board shall lay down clear norms for investing in "Other Investments" as specified under sections 27-A(2) and 27-B(3) of the Insurance Act, 1938 by the investment committee, taking into account the safety and liquidity of the policy-holders' funds and protection of their interest.
### 3. The investment policy as approved by the Board shall be implemented by the investment committee, which shall keep the Board informed on a quarterly basis about its activities and fund(s) performance. ###
4. The Board shall review the investment policy and its implementation on a half-yearly basis or at such short intervals as it may decide and make such modification to the investment policy as is necessary to bring it in line with the investment provisions laid down in the Act and regulations made thereunder, keeping in mind protection of policy-holders' interest and pattern of investment laid down in these regulations or in terms of the agreement entered into with the policy-holders in the case of unit linked insurance business.
### 5. The details of the IP or its review as periodically decided by the Board shall be made available to the internal or concurrent auditor. The auditor shall comment on such review and its impact on the investment operations, systems and processes in their report to be placed before the Board Audit Committee. ###
6. In order to ensure proper internal control of investment functions and operations the insurer shall clearly segregate the functions and operations of front, mid and back office.
### 7. The Authority may call for further information from time to time from the insurer as it deems necessary and in the interest of policy-holders and issue such directions to the insurers as it thinks fit.] ###
10.
Miscellaneous
.-(1) Valuation of Assets and Accounting of Investments shall be as per the Insurance Regulatory and Development Authority (Preparation of Financial Statements and Auditor's Report of Insurance Companies Regulations, 2000.
[(2) The Authority may, by any general or special order, modify or change the application of regulations 3, 4, 5 and 6 to any insurer either on its own or on an application made to it.]
### 11. (1) Every insurer carrying on the business of life insurance or general insurance may deal in financial derivatives only to the extent permitted and in accordance with the guidelines issued sby the Authority in this regard from time to time.
(2) [ Any margin or unamortized premium paid by any insurer in connection with the financial derivatives to the extent they are reflected as asset position in the balance sheet of the insurer in accordance with the guidelines issued by the Authority, shall be treated as "Approved Investment" under Schedule I and Schedule II to these regulations, only to the extent the derivative position constitutes a hedge for the underlying investment or portfolio which itself is treated as an approved investments under these regulations. All other margins or unamortized premium paid, to the extent reflected in the balance sheet of the insurer in accordance with the guidelines issued by the Authority in this regard from time to time, shall be treated as "Other Investments".]
[SCHEDULE I]
[Substituted by Noti. No. IRDA/Reg/5/47/2008, dated 30-7-2008 (w.e.f. 11-8-2008).]
(See regulation 3)
LIST OF APPROVED INVESTMENTS FOR LIFE BUSINESS
"Approved Investments" for the purposes of section 27-A of the Act shall consist of the following :-
(a) all investments specified in section 27-A of the Act except -
(i) clause (b) of sub-section (1) of section 27-A of the Act;
(ii) first mortgages on immovable property situated in another country as stated in clause (m) of sub-section (1) of section 27-A of the Act;
(iii) immovable property situated in another country as stated in clause (n) of sub-section (1) of section 27-A of the Act.
(b) In addition the following investments shall be deemed as approved investments by the Authority under the powers vested in it vide clause (s) of sub-section (1) of section 27-A of the Act -
(i) All loans secured as required under Insurance Act, 1938, secured-debentures, secured bonds and other debt instruments rated as per Note appended to regulations 3 and 4. Equity shares and preference shares and debt instruments issued by All India Financial Institutions recognised as such by Reserve Bank of India-investments shall be made in terms of investment policy guidelines, benchmarks and exposure norms, limits approved by the Board of Directors of the insurer.
(ii) Bonds or debentures issued by companies rated not less than AA or its equivalent and P1 or equivalent ratings for short term bonds, debentures, certificate of deposits and commercial papers by a credit rating agency, registered under SEBI (Credit Rating Agencies) Regulations, 1999 would be considered as "Approved Investments".
(iii) Subject to norms and limits approved by the Board of Directors of the insurers deposits (including fixed deposits as per section 27-A(9) of Insurance Act, 1938) with banks (e.g., in current account, call deposits, notice deposits, certificate of deposits, etc.) included for the time being in the Second Schedule to Reserve Bank of India Act, 1934 (
2 of 1934
) and deposits with primary dealers duly recognised by Reserve bank of India as such.
(iv) Collateralized Borrowing and Lending Obligations (CBLO) created by the Clearing Corporation of India Ltd. and recognized by the Reserve bank of India and exposure to Gilt, G Sec and liquid mutual fund forming part of Approved Investments as per Mutual Fund Guidelines issued under these regulations and money market instrument/investment.
(v) Asset Backed Securities with underlying Housing loans or having infrastructure assets as underlying as defined under "infrastructure facility" in clause (h) of regulation 2 of Insurance Regulatory and Development Authority (Registration of Indian Insurance Companies) Amendment Regulations, 2008.
(vi) Commercial papers issued by a company or All India Financial Institution recognized as such by Reserve Bank of India having a credit rating by a credit rating agency registered under SEBI (Credit Rating Agencies) Regulations, 1999.
Explanation. - 1. All conditions mentioned in the "note" appended to regulations 3 and 4 shall be complied with.
[SCHEDULE II]
[ Substituted by Noti. No. IRDA/Reg/5/47/2008, dated 30-7-2008 (w.e.f. 11-8-2008).]
(See regulation 4)
LIST OF APPROVED INVESTMENTS FOR GENERAL BUSINESS
"Approved Investments" for the purpose of section 27-B of the Act shall consist of the following :-
(A) All investments specified in section 27-B of the Act except -
(i) clause (b) of sub-section (1) of section 27-A of the Act;
(ii) immovable property situated in another country as stated in clause (n) of sub-section (1) of section 27-A of the Act;
(iii) first mortgages on immovable property situated in another country as stated in clause (i) of sub-section (1) of section 27-B of the Act.
(B) In addition the following investments shall be deemed as approved investments by the Authority under the powers vested in it vide clause (j) of sub-section (1) of section 27-B of the Act:
(i) All loans secured as per Insurance Act, 1938, secured-debentures, secured bonds and other debt instruments rated as per Note appended to regulations 3 and 4. Equity shares, preference shares and debt instruments issued by All India Financial Institutions recognized as such by Reserve Bank of India-investments shall be made in terms of investment policy guidelines, benchmarks and exposure norms, limits approved by the Board of Directors of the insurer.
(ii) Bonds or debentures issued by companies rated not less than AA or its equivalent and P1 or equivalent ratings for short term bonds, debentures, certificate of deposits and commercial papers by a credit rating agency, registered under SEBI (Credit Rating Agencies) Regulations, 1999 would be considered as "Approved Investments".
(iii) Subject to norms and limits approved by the Board of Directors of the insurers deposits (including fixed deposits as per section 27-B(10) of Insurance Act, 1938) with banks (e.g., in current account, call deposits, notice deposits, certificate of deposits, etc.) included for the time being in the Second Schedule to Reserve bank of India Act, 1934 (
2 of 1934
) and deposits with primary dealers duly recognised by Reserve Bank of India as such.
(iv) Collateralized Borrowing and Lending Obligations (CBLO) created by the Clearing Corporation of India Ltd. and recognised by the Reserve Bank of India and exposure to Gilt, G Sec and liquid mutual fund forming part of Approved Investments as per Mutual Fund Guidelines issued under these regulations and money market instrument/investment.
(v) Asset Backed Securities with underlying Housing loans or having infrastructure assets as underlying as defined under "infrastructure facility" in clause (h) of regulation 2 of Insurance Regulatory and Development Authority (Registration of Indian Insurance Companies) Amendment Regulations, 2008.
(vi) Commercial papers issued by a company or All India Financial Institution recognized as such by Reserve Bank of India having a credit rating by a credit rating agency registered under SERI (Credit Rating Agencies) Regulations, 1999.
(vii) Money Market instruments as defined in regulation 2(cc) of this regulations.
Explanation. - 1. All conditions mentioned in the "note" appended to regulations 3 and 4 shall be complied with.
[\*\*\*]
[ Sch. III omitted by Noti. No. IRDA/Reg/5/2001, dated 31-5-2001 (w.e.f. 31-5-2001).]
[FORM 1]
[ Substituted by IRDA/Reg./5/47/2008, dated 30-7-2008 (w.e.f. 11-8-2008).]
Company Name and Code:
Statement as on:
Name of the Fund................
Statement of Investment and Income on Investment
Periodicity of Submission: Quarterly
Rs. lakhs
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CurentQuarter
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Year to Date
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Previous Year
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No.
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Category of Investment
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Category Code
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Investment (Rs.)
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Income on Investment (Rs.)
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Gross yield (%)
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Net Yield (%)
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Investment (Rs.)
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Income on Investment (Rs.)
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Gross Yield (%)
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Net Yield (%)
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Investment (Rs.)
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Income on Investment (Rs.)
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Gross Yield (%)
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Net Yield (%)
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Certification
Certified that the information given herein are correct and complete to the best of my knowledge and belief and nothing has been concealed or suppressed.
Date..............
Signature......................
Full Name & Designation.................
Note. - Category of Investment (COI) shall be as per Guidelines.
### 1. To be calculated based on Monthly or lesser frequency "Weighted Average" of Investments. ###
2. Yield netted for Tax.
### 3. Form 1 shall be prepared in respect of each fund. FORM 2
Company Name and Code:
Statement as on:
Name of Fund.....................
Statement of Down Graded Investments
Periodicity of Submission: Quarterly
Rs. Lakhs
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| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
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No
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Name of the Security
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COI
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Amount
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Date of Purchase
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Rating Agency
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Original Grade
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Current Grade
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Date of Downgrade
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Remarks
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A.
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During the Quarter
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B.
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As on Date
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Certification
Certified that the information given herein are correct and complete to the best of my knowledge and belief and nothing has been concealed or suppressed.
Date.............
Signature..................
Full Name & Designation................
Note. - 1. Provided details of Down Graded Investments during the Quarter.
### 2. Investments currently upgraded, listed as Down Graded during earlier Quarter shall be deleted from the Cumulative listing. ###
3. Form 2 shall be prepared in respect of each fund.
### 4. Category of Investment (COI) shall be as per Investment/GLN/001/2003-04. FORM - 3A
Part A
--------
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Company Name and Code:
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Statement as on:
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Statement of Investment Assets (Life Insurers)
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(Business within India)
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Periodicity of Submission: Quarterly
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Rs. Lakhs
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Total Application as per Balance Sheet (A) |
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0
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Reconciliation of Investment Assets
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Add (B) |
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Total Investment Assets (as per Balance Sheet)
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0
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Provisions
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Sch-14
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Balance Sheet Value of:
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Current Liabilities
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Sch-13
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A.Life Fund
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0
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B.Pension
& Gen. Annuity Fund
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C.Unit Linked Funds
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Less (C) |
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0
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Debit Balance in P & L A/c
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Loans
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Sch-09
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Adv. & Other Assets
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Sch-12
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Cash & Bank Balance
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Sch-11
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Fixed Assets
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Sch-10
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Misc Exp. Not Written Off
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Sch-15
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Funds available for Investments
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0
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NON-LINKED BUSINESS
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% as per Reg.
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SH
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PH
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Book Value (SH+PH)
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Actual %
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FVC Amount
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Total Fund
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Market Value
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A. LIFE FUND
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Balance
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FRSM+
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UL-Non Unit Res
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AR
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ON PAR
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(a) |
(b) |
(c) |
(d) |
(e) |
F=[a+b+c+e]
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1. G. Sec.
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Not less than 50%
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2. G. Sec. or Other Approved Securities [Incl. (i) above]
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Not less than 50%
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3. Investment subject to Exposure Norms
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(a) Housing & Infrastructure
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Not less than 15%
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(b) (i) Approved Investments
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Not exceeding 35%
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(ii) "Other Investments" not to exceed 15%
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Not exceeding 35%
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TOTAL LIFE FUND 100%
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B. PENSION AND GENERAL ANNUITY FUND
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% as per Reg.
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PH
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Book Value
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Actual %
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FVC Amount
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Total Fund
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Market Value
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PAR
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NON PAR
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1. G. Sec.
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Not less than 20%
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2. G. Sec. or Other Approved Securities [incl. (i) above]
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Not less 40%
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3. Balance in Approved investment
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Not exceeding 60%
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TOTAL PENSION, GENERAL
ANNUITY FUND 100%\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
LINKED BUSINESS
| | | | | |
| --- | --- | --- | --- | --- |
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C. LINKED FUNDS
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% as per Reg.
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PH
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TOTAL FUND
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ACTUAL %
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PAR
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NON PAR
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1 Approved Investment
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Not less than 75%
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2 Other Investments
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Not more than 25%
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PARTICULARS
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Fund 1
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Fund 2
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Fund 'n'
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Total of All Funds
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Opening Balance (Market Value)
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Add: Inflow during the quarter
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Increase/(Decrease) Value of Investment [Net]
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Less: Outflow during the Quarter
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Certification
Certified that the information given herein are correct and complete to the best of my knowledge and belief and nothing has been concealed or suppressed.
Date .....................
Signature......................
Full Name......................
Designation....................
Note. - (+) FRMS refers to Funds representing Solvency Margin.
Pattern of Investment will apply only to Shareholders (SH) funds representing FRSM ("F").
Funds beyond Solvency Margin shall have a separate Custody Account.
Other Investments areas permitted under! section 27-A(2) and 27-B(3) of Insurance Act, 1938.
FORM 3-A
Part B
--------
Unit Linked Insurance Business
Company Name and Code : Link to Item 'C' of FORM 3-A (Part A)
Periodicity of Submission: Quarterly
Par/Non-Par
Rs. Lakhs
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| --- | --- | --- | --- | --- |
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PARTICULARS
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Fund 1
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Fund 2
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Fund 'n'
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Total of All Funds
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Opening Balance (Market Value)
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Add: Inflow during the quarter
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Increase/(Decrease) Value of Investment [Net]
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Less: Outflow during the Quarter
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TOTAL INVESTIBLE FUNDS (MKT
VALUE)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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| --- | --- | --- | --- | --- |
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INVESTMENT OF UNIT FUND
|
Fund 1
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Fund 2
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Fund'n'
|
Total of All Funds
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Actual Inv.
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% Actual
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Actual Inv.
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% Actual
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Actual Inv.
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% Actual
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Actual Inv.
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% Actual
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Approved Investments (>=75%)
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Govt. Bonds
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Corporate Bonds
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Infrastructure Bonds
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Equity
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Money Market
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Mutual funds
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Deposit with Banks
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Sub Total (A) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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| --- | --- | --- | --- | --- | --- | --- | --- | --- |
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Current Assets:
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Accrued Interest
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Dividend Receivable
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Bank Balance
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Receivable for Sale of Investments
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Other Current Assets (for Investments)
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Less: Current Liabilities
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Payable for Investments
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Fund Mgmt Charges Payable
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Other Current Liabilities
(for Investments)
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Sub Total (C) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Total (A+B+C) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Fund Carried Forward (as per LB 2) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date.............
Signature..............................
Designation............................
Note. - 1. The aggregate of all the above segregated Unit-Funds should tally with item C of Form 3-A (Part A), for both Par & Non Par Business.
### 2. Details of Item 12 of Form LB 2 of IRDA (Acturial Report) Regulations, 2000 shall be reconciled with Form 3-A (Part B). ###
3. Other Investments are as permitted under sections 27-A(2) and 27-B(3).
FORM 3-A
Part C
--------
Company Name and Code:
Statement for the period : Link to Form 3-A (Part B)
Periodicity of Submission : Quarterly
| | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
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No.
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Name of the Scheme
|
Assets Held on the above date
|
NAV as on the above date
|
NAV as per LB2
|
Previous Qtr NAV
|
2nd Previous Qtr NAV
|
3rd Previous Qtr NAV
|
Annualised Return/Yield
|
3 Year Rolling CAGR
|
|
1. Fund 1
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2. Fund 2
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3. Fund n
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Total \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Certification
Certified that the information given herein are correct and complete to the best of my knowledge and belief and nothing has been concealed or suppressed.
Date.........................
Signature.................................
Full Name and Designation.................
FORM 3-B
Company Name and Code:
Statement as on:
Statement of Investment Assets (General Insurer, Re-insurers)
(Business within India)
Periodicity of Submission: Quarterly
Rs. In Lakhs
| | | | |
| --- | --- | --- | --- |
|
NO.
|
PARTICULARS
|
SCH
|
AMOUNT
|
|
1.
|
Investments
|
8
|
|
|
2.
|
Loans
|
9
|
|
|
3.
|
Fixed Assets
|
10
|
|
|
4.
|
Current Assets
|
|
|
|
|
(a) Cash and Bank Balance
|
11
|
|
|
|
(b) Advances and Other Assets
|
12
|
|
|
5.
|
Current Liabilities
|
|
|
|
|
(a) Current Liabilities
|
13
|
|
|
|
(b) Provisions
|
14
|
|
|
|
(c) Misc. Exp. not Written Off
|
15
|
|
|
|
(d) Debit Balance of P and LA/c
|
|
|
|
Application of Funds As per Balance Sheet (A) 0
|
|
|
|
Less: Other Assets
|
SCH
|
AMOUNT
|
|
|
1.
|
Loans (if any)
|
9
|
|
|
|
2.
|
Fixed Assets (if any)
|
10
|
|
|
|
3.
|
Cash and Bank Balance (if any)
|
11
|
|
|
|
4.
|
Advances and Other Assets (if any)
|
12
|
|
|
|
5.
|
Current Liabilities
|
13
|
|
|
|
6.
|
Provisions
|
14
|
|
|
|
7.
|
Misc. Exp. not Written Off
|
15
|
|
|
|
8.
|
Debit Balance of P and LA/c
|
|
|
|
TOTAL (B) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
"Investment Assets" As per Form 3-B
(A-B) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
| | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
|
|
|
SH
|
|
|
|
|
|
|
|
No
|
"Investment" represented as
|
Reg. %
|
Balance
|
FRSM\*
|
PH
|
Book Value (SH+PH)
|
% Actual
|
FVC Amount
|
Total
|
Market Value
|
|
|
|
|
(a) |
(b) |
(c) |
d=(b+c)
|
|
(e) |
(d+e)
|
|
|
1
|
G. Sec.
|
Not less than 20%
|
|
|
|
|
|
|
|
|
|
2
|
G. Sec or Other Approved Sec. [incl.(1) above]
|
Not less than 30%
|
|
|
|
|
|
|
|
|
|
3
|
Investment subject to Exposure Norms
|
|
|
|
|
|
|
|
|
|
|
|
1. Housing and Loans to SG for 15% Housing than and FFE,1nfrastructure Investments
|
Not less
|
|
|
|
|
|
|
|
|
|
|
2. Approved Investments
|
Not exceeding 55%
|
|
|
|
|
|
|
|
|
|
|
3. Other Investments (not exceeding 25%)
|
Not exceeding 55%
|
|
|
|
|
|
|
|
|
Certification
Certified that the information given herein are correct and complete to the best of my knowledge and belief and nothing has been concealed or suppressed.
Date.................
Signature...................
Full Name...................
Designation..................
Note.-(+) FRMS refers Funds representing Solvency Margin.
(\*) Pattern of investment will apply only to SH funds repressing FRMS.
(A) Book Value shall not include funds beyond solvency Margin.
Other Investments are as permitted under Section 27-A(2) and 27(B)(3).
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Norms applicable for
|
|
No.
|
Exposure/Other Norms as per Regulation
|
Are the required Norms complied? (Yes /No)
|
Remarks
|
|
Investee Company Exposure
|
|
I
|
(a) Investment in equity, preference shares, convertible debenture:-
1. Exposure at any point of time not exceeded 10% of outstanding equity shares (face value) or 10% of the respective fund in the case of life insurer/investment assets in the case of general insurer (including re-insurer) which ever is lower.
(b) Investment in debt/loans and any other permitted Investments as per Act/regulation, other than item (a) above:-
1. Exposure at any point of time not exceeded 10% of the paid-up share capital, free reserves and debenture/bonds of the investee company or 10% of respective fund in the case of life insurer/ investment assets in the case of general insurer (including re-insurer) whichever is lower.
2. Subject to exposure limits as per Insurance Act, 1938, investment in equity and debt taken together had not exceeded 10% of the respective fund size in the case of life insurer or investment assets in the case of general insurer (including re-insurer).
|
|
|
|
Group of the Investee Company (Ref. Reg. 2(ca) of IRDA (Investment) Reg., 2000)
|
|
II
|
(a) Exposure at any point of time not exceeded 10% of the respective fund in the case of life insurer/investment assets in the case of general insurer (including re-insurer)and 25% in the case of Unit linked business.
1. Whether any additional exposure not exceeding 5% of respective fund, other than Unit linked funds, in the case of Life insurer/investment assets in the case of general insurer (including re-insurer) had been taken? If so, has the "prior approval" of Investment Committee had been obtained?
(b) Subject to exposure limits mentioned in the regulations, had the Insurer invested more than 5%
(12.5% in the case of Unit linked business) "in aggregate" of its total investments in companies belonging to the promoters' groups. (For the purpose of this regulation "Group" shall have the same meaning as defined under these regulations).
|
|
|
|
Industry sector to which the investee company belongs
|
|
III
|
(a) Investment by the insurer in any industrial sector had not exceeded 10% of its total investment exposure to industry sector as a whole?
(b) Has the insurer, in the case of Unit linked business, had invested in any industrial sector, not exceeded 25% of its total investment exposure to industry sector as a whole?
|
|
|
|
Others
|
|
IV
|
(c) Is the classification of industrial sectors been done on the lines of classification of industries done by NIC (National Industrial Classification Code for Extra Territorial
Organizations and Bodies in India) or any other system which adopts NIC classification, consistently from period to period?
(a) Has the Insurer fully complied with regulation 9(6) of IRDA (Investment) (4th Amendment) Regulation, 2008, and point A.1.e. of Annexure III to Circular INV/CIR/008/2008-09?
(b) Has the Insurer implemented the requirements of guidelines applicable for dealing employees, as required under point A.2.a of Annexure III to Circular INV/CIR/008/2008-09?
(c) Has any investment been done in contravention of section 27-C of Insurance Act, 1938?
(d) Are Money Market Investments classified as per regulation 2(cc) of IRDA (Investment) Regulations, 2000?
(e) Do investments of One Year Renewable Group Term Assurance Business (OYRGTA) follow the pattern of Life Business?
(f) Has any investment been made in contravention of point l of note for the purpose of regulations 3 and 4 of IRDA (Investment) (4th Amendment) Regulation, 2008?
(g) Have all investments, downgraded as mentioned under point 5 of note under regulations 3 and 4, have been re-classified under
"Other Investments" through the system?
(h) Was debt investments under "Approved Investments" based on rating criteria, at any point of time, under any class of business, for both life and general insurer (including re-insurer) fallen below the minimum percentage as required under point 7 of note under regulations 3 and 4.
(i) Has the Insurer complied with the requirements under regulation 8 of IRDA (Investment) Regulations, 2000.
(j) Has the insurer's Investment Policy (fund wise in the case of Unit linked business) has been approved by the Insurer's Board and has addressed all issues required under IRDA (Investment) Regulations, 2000?
Also, has the investment policy been periodically reviewed?
(k) Has the of investments . [including Unit linked fund(s)] been placed before the Board on a quarterly basis?
(l) In the case of a life insurer, each individual fund, both under share-holder/policy-holder funds, falling under any class of business, have identified "scrips", representing the assets of each fund, to comply with the provisions of section 11(1-B) of Insurance Act,
1938?
(m) Have the purchase and sale of Investments, under any class of business, in the case of Life Insurer, in respect of each fund,
[including Unit linked fund (s) ] been made out of the respective fund?
(n) has inter fund transfer, in the case of a life insurer, been done as per circular IRDA-FA-02-10-2003-04?
(o) Have the Assets been identified, for each segregated fund of Unit linked business, as per file and use procedure approved by IRDA?
(p) Has the insurer, in the case of Unit linked business, invested the assets, fund wise, as per pattern of investment approved by IRDA?
(q) Has the insurer, under shareholders funds, clearly split funds representing solvency margin (FRSM) in Form 3-A (Part A)/Form 3-B?
(r) Has shareholders funds, beyond solvency margin, have a separate custodian account and identified scrips for both life and general
(including re-insurance) companies and reconciled with Form 3-A (Part A) and Form 3-B?
(s) Has the insurer conducted internal or concurrent audit for the reporting quarter and have implemented the board audit committee recommendations of the previous quarter as required under Point E.a of Annexure III to Circular-INV/CIR/008/2008-09?
(t) Has the Insurer complied fully with the directions of circular: IRDA/CIR/INV/062/JAN/05, dated 17th January 2005?
(u) Has the insurer, having not less than Rs. 500 Cr assets under management (AUM) complied with Points 11 and 12 of Annexure II to Circular-INV/CIR/008/2008-09 with respect to outsourcing of investment advice, NAV calculations?
(v) Has the insurer, in the case of life business, reconciled investment accounts, fund-wise, with bank and custodian records on
"day-to-day basis" for all types of products?
(w) Has the Insurer, in respect of Unit linked products, reconciled the units with "policy admin systems", on a day-to-day basis?
(x) Has the insurer, in the case of general (including re-insurance) business, reconciled investment accounts with Bank and Custodian records on a day-to-day basis?
(y) Has the Insurer's investment in mutual fund complied with guidelines INV/GLN/004/2003-04 at all times during the quarter?
|
|
|
Certified that the information given herein are correct and complete to the best of my knowledge and belief and nothing has been concealed or suppressed.
Signature: .................................... Signature:.................................... Signature:...............
Chief Executive Officer Chief Investment Officer Chief Financial Officer
Date .....................
FORM 4-A
(PART A)
Company Name and Code
Statement as on:
Investee Company Exposure Norms
Periodicity of Submission: Quarterly
Rs.In Lakhs
| | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
No.
|
Investee company
|
Whether Equity/Debt?
|
10% of Outstanding Sh(FV) /10% of (Sh. Cap + FR + Deb/Bonds) of Investee Company
|
10% of Fund Size/Total Investments
|
Least of Col. (d) of(e)
|
Actual Investment
|
Deviation = Col. (f) - Col.
(g) |
Investee company (Eq+Debt)
|
Deviation = Col. (e) - Col.
(i) |
|
(a) |
(b) |
(c) |
(d) |
(e) |
(f) |
(g) |
(h) |
(i) |
(j) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Note: - 1. Fund Size shall be as per Form 3-A (Part A) Form 3-B.
### 2. Above table shall be prepared individually for all ULIP Funds. ###
3. Only (-ve) deviafions are to be reported.
Signature..........................
Full name..........................
Designation........................
Certification
Certified that the information given herein are correct and complete to the best of my knowledge and belief and nothing has been concealed or suppressed.
Date.................
FORM 4-A
(PART B)
Company Name and Code
Rs. In Lakhs
Statement as on:
Group Company Exposure Statement
Periodicity of Submission: Quarterly
Fund Size.......................
| | | | | |
| --- | --- | --- | --- | --- |
|
NO.
|
Name of the Group
|
Promoter/Non-Promoter Group
|
Total Investments Subject to Exposure Norms
|
% of Total Investments
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Note. - 1. Total investments as per Form 3-A (Part A)/Form 3-B.
\_\_\_\_\_\_\_\_\_\_\_\_0\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Certification
Certified that the information given herein are correct and complete to the best of my knowledge and belief and nothing has been concealed or suppressed.
Signature..........................................
Full Name and Designation..........................
Date.................
FORM 4-A
(PART C)
Company Name and Code
Rs. In Lakhs
Statement as on:
Industry Sector Exposure Statement
Periodicity of Submission: Quarterly
Fund Size .................
| | | | |
| --- | --- | --- | --- |
|
No
|
Industry Sector (as per Regulations)
|
Total Investments subject to Exposure Norms
|
% of Total Investments
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Note.- Total Investment as per Form 3-A/3-B \_\_\_\_\_\_\_\_0\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Certification Certified that the information given herein are correct and complete to the best of my knowledge and belief and nothing has been concealed or suppressed.
Signature...............................
Full Name and Designation..........................
Date...................
FORM 5
Company Name and Code:
Statement as on:
Statement of Investment Reconciliation
(Business within India) Name of the Fund............... Rs. In Lakhs
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
NO.
|
Category of Investments
|
COI
|
Opening Balance
|
Pur.
For the Period
|
Sales for the Period
|
Adjustment
|
Closing Balance
|
|
|
|
|
|
Face Value
|
Book Value
|
Face Value
|
Book Value
|
Face Value
|
Book Value
|
Face Value
|
Book Value
|
Face Value
|
Book Value
|
Market Value
|
% to Total (1+2+3)
|
|
1
|
G. Sec.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total (1) |
|
|
|
|
|
2.
|
G. Sec. or Other Approved Sec./Guaranteed Sec.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total [1+2]
|
|
|
|
|
|
3.
|
Investments subject to Exposure Norms
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a) (a) Housing and Loans to State Govt. for Housing/FFE
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total [3(a) ]
|
|
|
|
|
|
|
(b) (b) Infrastructure Investments
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total [3(b) ]
|
|
|
|
|
|
|
(c) (a) Approved Investments
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total [3(c) ]
|
|
|
|
|
|
|
(d) (d) Other Investments
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total [3(d) ]
|
|
|
|
|
|
Total [3(a+b+c+d)]
|
|
|
TOTAL Total
(1+2+3)
|
FORM 5-A
Company Name and Code:
Statement as on : Name of the Fund ...................
Statement of Mutual Fund Investments
.............Rs. In Lakhs
Periodicity of Submission : Quarterly
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
PARTICULARS
|
COI
|
Op. Balance
|
Purchase for the Qtr.
|
Sales for the Qtr.
|
Cl.
Balance
|
|
|
|
Units
|
Amount
|
Units
|
Amount
|
Unit
|
Cost of Sales
|
Units
|
Book Value
|
Market Value
|
% to Total Inv.
|
|
Approved Investments
|
|
|
|
|
|
|
|
|
|
|
|
|
MF-Gilt/G.
Sec./Liquid Schemes
|
EGMF
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0
|
|
0
|
|
0
|
Total (A) |
0
|
0
|
0
|
|
MF-(under Insurer's Promoter Group)
|
EMPG
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0
|
|
0
|
|
0
|
Total (B) |
|
|
|
|
|
|
|
|
|
|
|
|
Total (A+B)
|
|
|
|
|
Other Investments
|
|
|
|
|
|
|
|
|
|
|
|
|
MF-Debt/Income/Serial/Liquid Funds
|
OMGS
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0
|
|
0
|
|
0
|
Total (C) |
0
|
0
|
0
|
|
MF-(under Insurer's Promoter Group)
|
OMGS
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0
|
|
0
|
|
0
|
Total (D) |
0
|
0
|
0
|
|
Total
(C+D)
|
|
Total
(A+B+C+D)
|
Certification
Certified that the information given herein are correct and complete to the best of my knowledge and belief and nothing has been concealed or suppressed.
Date...................
Signature....................................
Full Name and Designation....................
Note. - 1. Form 5-A shall be prepared in respect of each fund.
### 2. Each sub-total of Form 5-A shall be linked to its corresponding head in Form 5. ###
3. "Other Investments" are as permitted under sections 27-A(2) and 27-B(3)
### 4. Guidelines on preparation of Form 5 should be strictly followed. FORM 6
Company Name and Code: Name of the Fund ....................
Statement as on:
Rs. In Lakhs
Certificate under section 28(2-A)/28(2-B)/28-B(3) of the Insurance Act, 1938
Periodicity of Submission : Quarterly
| | | |
| --- | --- | --- |
|
No.
|
Investment Particulars
|
Under the Custody of
|
|
|
|
Bank
(Rs.)
|
Self
(Rs.)
|
Other
(Rs.)
|
Total (Rs.)
|
|
|
|
Share-Holders
|
Policy-holders
|
Share-holders
|
Policy-holders
|
Share-holders
|
Policy-holders
|
SH+PH
|
|
1
|
G. Sec.
|
|
|
|
|
|
|
|
|
2
|
G. Sec. or Other Approved Securities
|
|
|
|
|
|
|
|
|
3
|
Investment subject to Exposure Norms
|
|
|
|
|
|
|
|
|
|
(a) Housing and Loans to State Govt. for Housing & FFE
|
|
|
|
|
|
|
|
|
|
(b) Infrastructure Investments
|
|
|
|
|
|
|
|
|
|
(c) Approved Investments
|
|
|
|
|
|
|
|
|
|
(d) Other Investments
|
|
|
|
|
|
|
|
|
TOTAL
|
We certify that the above mentioned securities are held free of any encumbrance, charge, hypothecation, or lien as on the above date.
Chairman............ Chief Executive Officer............ Director...............
Note. - 1. Custodian should certify that he is not disqualified under SEBI (Mutual Fund) Regulations, 1996 as amended from time to time.
### 2. Value of the Securities shall be as per Guidelines ###
3. In the case of Life Insurance Business, Form 6 shall be prepared in respect of each fund.
### 4. The values under Certificate should be adjusted for Purchase/Sale of investments purchased and awaiting settlement. A reconcilation to this effect should be attached to the Certificate.
FORM 7
Company Name and Code:
Statement as on:
Confirmation on investment Portfolio
Periodicity of Submission : Quarterly
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Particular
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Details of Approved Investments / Other investments which have matured for payment and maturity amount is outstanding along with particulars of defaulted amount and period for which said default has continued:
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Any Investment as at (1) , which subsequent to maturity have been rolled over:
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Details of steps taken to recover the defaulted amounts, and the provisioning done/proposed in the accounts against such defaults:
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Certification
Certified that the information given herein are correct and complete to the best of my knowledge and belief and nothing has been concealed or suppressed.
Date....................
Signature............................................
Full Name and Designation............................
Note. - If any of the confirmation is in the affirmative, details be provided.
FORM 7-A
Company Name and Code :
Statement as on :
Name of the Fund..................
Details of Investment Portfolio
Periodicity of Submission: Quarterly
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COI
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Instrument Type
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Interest Rate
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Total O/s (Book Value)
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Default Principal
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Default Interest
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Principal Due from
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Interest Due from
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Deferred Principal
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Deferred Interest
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Has there been any Principal Waiver ?
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Classification
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Provision (%)
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Provision (Rs.)
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Has there been revision?
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Rolled Over ?
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Amount
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Board Approval Ref.
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Certification
Certified that the information given herein are correct and complete to the best of my knowledge and belief and nothing has been concealed or suppressed.
Date..................
Signature .........................................
Full Name and Designation .........................
Note. - A. Category of Investment (COI) shall be as per INV/GLN/001/2003-04.
B. Form 7-A shall be submitted in respect of each "fund".
C. Classification shall be as per F & A- Circulars-169-Jan-07, dated 24-1-2007.]
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65baa3eaab84c7eca86ec3e2 | acts |
State of Gujarat - Act
------------------------
Gujarat (Right of Citizens to Public Services) Act, 2013
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GUJARAT
India
Gujarat (Right of Citizens to Public Services) Act, 2013
==========================================================
Act 16 of 2013
----------------
* Published on 15 April 2013
* Commenced on 15 April 2013
Gujarat (Right of Citizens to Public Services) Act, 2013
(Gujarat Act
No. 16 of 2013
)
(First published, after having received the assent of the Governor in the "Gujarat Government Gazette", on the 15th April, 2013).
An Act to lay down an obligation upon every public authority to render public services within the prescribed time limit and provide for a grievance redressal mechanism to citizens for non-compliance and for the matters connected therewith or incidental thereto.
It is hereby enacted 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 Gujarat (Right of Citizens to Public Services) Act, 2013.
(2) It shall extend to the whole of the State of Gujarat.
(3) This section shall come into force at once and the remaining provisions shall come into force on such date as State Government may, by notification in the Official Gazette, appoint may be appointed for different provisions of the Act.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "Authority" means a State Appellate Authority constituted under sub-section (1) of section 12;
(b) "complaint" means a complaint filed by a citizen regarding any grievance relating to, or arising out of, any failure in rendering of services as notified in section 4 or in the functioning of a public authority, but does not include grievance relating to the service matters of a public servant whether serving or retired;
(c) "days" means the working days, referred to as the timeline;
(d) "Designated Authority" means such officer, as may be designated by the public authority, who shall be above the rank of the Grievance Redressal Officer referred to in sub-section (1) of section 6;
(e) "Designated Officer" means an officer under section 5 for rendering of services;
(f) "Grievance Redressal Officer" means a Grievance Redressal Officer appointed under sub-section (1) of section 6;
(g) "member" means a person appointed as a member of the State Appellate Authority under sub-section (2) of section 12;
(h) "prescribed" means prescribed by rules made under section 29;
(i) "public authority" means any authority or body or institution of Government established or constituted, -
(i) by or under the Constitution;
(ii) by any other law made by Parliament;
(iii) by any law made by the State Legislature;
(iv) by notification issued or order made by the State Government, and includes any,-
(a) body owned, controlled or substantially financed by funds provided by the State Government;
(b) non-Government organization substantially financed Government
(c) an organization capacity as an instrumentality of "State" as defined under article 12 of the Constitution and rendering services of public utility in the State of Gujarat;
(d) a Government company as defined under section 617 of the Companies Act, 1956, (1 of 1956) which is a State Public Sector Undertaking;
(e) any other company which supplies goods or renders services to the State Government in pursuance of an obligation imposed under any Central or State Act or under any licence or authorisation under any law for the time being in force.
(v) by an agreement or memorandum of understanding between the State Government and any private entity as Public-Private Partnership or otherwise;
(j) "service" means all the goods and services, including functions, obligations, responsibility or duty, to be provided or rendered by a public authority;
(k) "State" means the State of Gujarat.
Chapter II
Right to Delivery of Services
---------------------------------------------
### 3. Right to services.
- Subject to the provisions of this Act, every individual citizen shall have the right to time bound delivery of services and redressal of grievances.
Chapter III
Notification of Services by State Government
-------------------------------------------------------------
### 4. Notification of services by State Government.
- The State Government may, from time to time, notify the services to which this Act shall apply and the stipulated time-limits within which the services shall be provided.
### 5. Obligation of Public Authority to publish names of individuals responsible for rendering services.
- A public authority shall, within two months of the notification issued under section 4, publish the names and addresses of Designated Officers responsible for rendering of services notified under section 4.
Chapter IV
Appointment and Obligations of Grievance Redressal Officers
---------------------------------------------------------------------------
### 6. Appointment and Obligations of Grievance Redressal Officers.
(1) Every public authority shall, within two months of a notification issued under section 4, designate as many officers as may be necessary as Grievance Redressal Officers in all administrative units or offices at the State, district and taluka levels, municipal corporations, municipalities, notified areas, panchayats and such other offices whereat services are rendered to receive, enquire into and redress any complaints from citizens in the manner as may be prescribed:
Provided that the Grievance Redressal Officer so appointed shall be at least one level above, and be deemed to have administrative control on the Designated Officer.
(2) Every public authority shall, immediately on appointment of a Grievance Redressal Officer, display at its office or customer care centre or help desk or Jan Seva Kendra and at the sales outlet, if any, website and at the office of the Grievance Redressal Officer, the name of the Grievance Redressal Officer, his address and telephone number, E-mail address, facsimile number and other means, if any, of contacting him, in respect of each area for which the Grievance Redressal Officer has been appointed.
(3) Every public authority shall appoint or designate such number of Grievance Redressal Officer under sub-section (1) for such areas, as may be considered by it necessary, for the Grievance Redressal Officer to be easily accessible and available for redressal of grievance of the public.
(4) The Grievance Redressal Officer shall provide all necessary assistance to citizens in filing complaints.
(5) Where a complainant is unable to make a complaint in writing, the Grievance Redressal Officer shall render all reasonable assistance to the person making the request orally to reduce the same in writing.
### 7. Acknowledgement of complaint by receipt thereof.
- All complaints shall, within three working days of the making of the complaint, be acknowledged by a receipt, issued in writing or through electronic means or through text message or through any other means as may be prescribed, specifying the date, time, place, unique complaint number and particulars of receiver of complaint along with the stipulated time frame within which the complaint shall be redressed.
### 8. Action to be taken by Grievance Redressal Officer.
(1) Upon receipt of a complaint made under section 6, it shall be the duty of the concerned Grievance Redressal Officer to ensure that,
(a) the grievance is remedied in the prescribed time frame;
(b) the reason for the occurrence of the grievance is identified, the grievance is redressed satisfactorily within the prescribed time frame and the responsibility, if any, of the defaulting person is fixed;
(c) where the grievance has occurred as a result of a deficiency, negligence or malfeasance on the part of an individual, then the action is taken in accordance with the applicable rules;
(d) where the Grievance Redressal Officer is convinced that the individual responsible for the rendering of the services has wilfully neglected to render the service or there exists prima facie grounds for a case under the Prevention of Corruption Act, 1988, (49 of 1988) the Grievance Redressal Officer shall make an observation to that effect and in writing refer the same to the appropriate authority.
(2) The Grievance Redressal Officer shall ensure that the complainant is informed in writing the manner in which the grievance is redressed.
### 9. Forwarding of details of non-redressal of complaints to Designated Authority.
(1) The Grievance Redressal Officer shall, within the prescribed time frame, report every complaint which has not been redressed along with the details of the complainant, nature of complaint, and reasons for non-redressal of the complaint to the Designated Authority.
(2) Every public authority shall designate such officers as designated authorities as may be necessary in all the administrative units and offices as provided in clause (d) of section 2.
Chapter V
Appeal to Designated Authority
---------------------------------------------
### 10. Appeal.
(1) Every complaint forwarded along with the details under section 9 shall be deemed to have been filed by way of an appeal to the Designated Authority.
(2) Any person aggrieved by a decision of the concerned Grievance Redressal Officer or who has not been informed in writing the manner in which his grievance has been redressed in respect of a complaint filed by him, may, within thirty days from the expiry of such period or from the receipt of such decision, prefer an appeal to the Designated Authority:
Provided that the Designated Authority may admit the appeal after the expiry of thirty days if it is satisfied that the complainant was prevented by sufficient cause from filing the appeal in time.
(3) The receipt of an appeal under sub-section (2) shall be acknowledged by the Designated Authority in writing or through electronic means or through text message or through any other means as may be prescribed, within three working days.
(4) Every appeal filed under sub-section (2) or deemed appeal under sub-section (1) shall be disposed of by the Designated Authority within the prescribed time frame.
(5) The Designated Authority shall arrange to deliver copies of the decision to the parties concerned within the prescribed time frame.
(6) The Designated Authority may, in deciding an appeal, impose penalty, as prescribed in sub-section (1) of section 23, against the concerned officer for acting in a mala fide manner or having failed to discharge his duties without any sufficient and reasonable cause:
Provided that the concerned officer of the public authority shall be given a reasonable opportunity of being heard before any penalty is imposed on him.
(7) Where it appears to the Designated Authority that the grievance complained of is prima facie indicative or representative of a corrupt act or practice in terms of the Prevention of Corruption Act, 1988, (49 of 1988) on the part of the individual officer of the public authority complained against, then it shall record in writing such evidence as may be found in support of such conclusion and shall in writing refer the same to the appropriate authority.
(8) The Designated Authority shall upon adjudication of a complaint have the powers to issue directions requiring the concerned officers of the public authority to take such steps as may be necessary to render the services in compliance of the notification issued under section 4.
Chapter VI
Appeal to State Appellate Authority
---------------------------------------------------
### 11. Appeal to State Appellate Authority.
(1) Any person who does not receive a decision within the prescribed time frame or is aggrieved by a decision of the Designated Authority may, within thirty days from the expiry of such period or from the receipt of such a decision, prefer an appeal to the State Appellate Authority:
Provided that the Authority may admit the appeal after the expiry of thirty days if it is satisfied that the complainant was prevented by sufficient cause from filing the appeal in time.
(2) The decision of the State Appellate Authority under this section shall be binding.
### 12. Constitution of State Appellate Authority.
(1) The State Government shall, by notification in the Official Gazette, constitute one or more State Appellate Authority to exercise the powers conferred on or imposed upon and to perform functions assigned to the Authority under this Act.
(2) A State Appellate Authority shall consist of such number of members, not exceeding three, as may be prescribed.
### 13. Qualifications for appointment as member of State Appellate Authority.
- A person shall not be qualified for appointment as a member of a Authority unless he is or has been an officer of the State Government and is holding or has held a post in the rank of, or equivalent to, Secretary or Principal Secretary or Additional Chief Secretary or Chief Secretary to the State Government.
### 14. Term of office of member of State Appellate Authority.
- A person appointed as member of a Authority shall hold the office for a term of three years from the date on which he enters upon office or until he attains the age of sixty-five years whichever is earlier:
Provided that an officer of the State Government appointed as member of Authority shall hold the office not beyond the time he is an officer of the State Government.
### 15. Staff, Salary and allowances of State Appellate Authority.
(1) The State Government shall provide to the Authority with such officers and employees as may be necessary for efficient performance of its functions under this Act.
(2) The officers and employees so appointed under sub-section (1) shall discharge their functions under the general superintendence of the Authority.
(3) The salary and allowances payable to and the other terms and conditions of service of a member of the Authority shall be as may be prescribed:
Provided that if a member at the time of his appointment is in receipt of a pension, other than a disability or wound pension in respect of any previous service under the State Government, his salary in respect of the service as member of State Appellate Authority shall be reduced by the amount of that pension, including any portion of pension, which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent or retirement gratuity:
Provided further that where a member, if at the time of his appointment, is in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any State Act or a Government company owned or controlled by the State Government, his salary in respect of the service as a member shall be reduced by the amount of pension equivalent to the retirement benefit:
Provided also that neither the salary and allowances nor the other terms and conditions of service of a member of State Appellate Authority shall be varied to his disadvantage after the appointment.
### 16. Resignation and removal.
(1) Any member of the State Appellate Authority, may, by notice in writing under his hand addressed to the Chief Secretary to the Government, resign his office.
(2) Notwithstanding anything contained in sub-section (1), the State Government may by order remove from office a member if the member -
(i) is adjudged an insolvent; or
(ii) has been convicted of an offence which, in the opinion of the State Government involves moral turpitude; or
(iii) engages during his term of office in any paid employment outside the duties of his office; or
(iv) is, in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body; or
(v) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member.
(3) The State Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of a member.
### 17. Powers of State Appellate Authority and Procedure before it.
(1) The Authority shall, for the purposes of its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, (5 of 1908) in respect of the following matters, namely:-
(i) summoning and enforcing the attendance of any person and examining him on oath;
(ii) discovery and production of any document or other material object producible as evidence;
(iii) receiving evidence on affidavits;
(iv) requisitioning of any public record;
(v) issuing commission for the examination of witnesses;
(vi) such other matter which may be prescribed.
(2) The Authority shall not be bound by the procedure laid down in 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 made there under, the Authority shall have the power to regulate its own procedure.
### 18. Delivery of copies of decision.
- The Authority shall arrange to deliver copies of the decision to r the parties concerned within the prescribed time frame.
### 19. Staff and officers to be public servants.
- The staff and officers of the Authority shall be deemed to be 1 public servants within the meaning of section 21 of the Indian Penal Code.
### 20. Procedure of adjudication by State Appellate Authority.
(1) The Authority shall, upon adjudication of a complaint, have the power to issue directions requiring the public authority to take such steps as may be necessary to render the services in compliance of ' the notification issued under section 4.
(2) It shall be the duty of the Authority to receive and inquire into a complaint from any person: -
(a) who has been unable to submit an appeal to the Designated Authority;
(b) who has been refused redress of grievance under this Act;
(c) whose complaint has not been disposed of within the time limit specified;
(d) in respect of any other matter relating to registering and redressing of a complaint or appeal under this Act.
### 21. Burden of proof to be on Grievance Redressal Officer.
- In any appeal proceedings, the burden of proof to establish the non-redressal of complaint, shall be on the Grievance Redressal Officer who denied the request.
### 22. Where Grievance complained of is a result of corrupt practices.
- Where it appears to the Authority that the grievance complained of is, prima facie, indicative of a corrupt act or practice in terms of the Prevention of Corruption Act, 1988, (49 of 1988) on the part of the responsible officer of the public authority complained against, then it shall record such evidence as may be found in support of such conclusion and shall refer the same to the appropriate authority.
Chapter VII
Penalties and Compensation
-------------------------------------------
### 23. Penalty and Compensation for mala fide action.
(1) The Designated Authority or the State Appellate Authority may impose a lump sum penalty against a designated officer responsible for rendering of service to which the applicant is entitled, or against a Grievance Redressal Officer, for acting in a mala fide manner or for having failed to discharge his duties without any sufficient and reasonable cause, which shall not be less than one thousand rupees and may extend.up to ten thousand rupees, which shall be recovered from the salary of the official against whom penalty has been imposed:
Provided that the concerned officer shall be given a reasonable opportunity of being heard before any penalty is imposed on him under this section.
(2) On imposition of the penalty under sub-section (1), the State Appellate Authority or the Designated Authority, as the case may be, may, by order, direct that such portion of the penalty imposed under sub-section (1) shall be awarded to the appellant, as compensation, as it may deem fit:
Provided that the amount of such compensation awarded shall not exceed the amount of penalty imposed under this section.
(3) If any public servant is found guilty under sub-section (1), the disciplinary authority shall initiate the disciplinary proceedings against such officer of the public authority, who, if proved to be guilty of a mala fide action in respect of any provision of this Act, shall be liable to such punishment as the disciplinary authority may decide.
Chapter VIII
Reporting of Redressal of Grievances by Public Authority
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### 24. Reporting requirements.
(1) Every public authority shall ensure that every Grievance Redressal Officer keeps a record of complaints made to it or appeal therein and the decisions on such complaints and appeals.
(2) Every public authority shall publish in the prescribed manner and in the prescribed time frame, a report mentioning therein-
(a) the number of appeals and complaints received;
(b) the number of appeals and complaints disposed of;
(c) the number of appeals and complaints pending;
(d) such other particulars, as may be prescribed, for discharge of its functions under this Act.
Chapter IX
Miscellaneous
-----------------------------
### 25. Bar of Jurisdiction of court.
- No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Grievance Redressal Officer or the Designated Authority or the State Appellate Authority.
### 26. Enforcement of orders by State Appellate Authority.
- Every order made by the State Appellate Authority may be enforced by it in the same manner as if it were a decree or order made by a court in a suit pending therein and it shall be lawful for the Authority to send, in the event of its inability to execute it, such order to the court within the local limits of whose jurisdiction,-
(a) in the case of public authority not falling under clauses (b) and (c), the place at which the main office of such public authority is situated; or
(b) in the case of an order against a public authority being a company, the registered office of the company is situated; or
(c) in the case of an order against any other person, the place where the person concerned voluntarily resides or carries on business or personally works for gain is situated, and thereupon, the court to which the order is so sent, shall execute the order as if it were a decree or order sent to it for execution.
### 27. Protection for acts done in good faith.
- No suit, prosecution or other legal proceedings shall lie against any person-
(a) for anything which is in good faith done or intended to be done under this Act or any rule made thereunder; or
(b) delay in rendering of service or not being able to render service where such delay or inability is on account of reasonable cause beyond the control of the person responsible for delivery of the service.
### 28. Provisions to be in addition to existing laws.
- The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.
### 29. Power to make rules and laying of rules.
(1) The State Government may, by notification in the Official Gazette, make rules, not inconsistent with this Act, for carrying out the purposes 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:-
(i) the manner to receive, enquire into and redress any complaints under sub-section (1) of section 6;
(ii) the manner of acknowledgement of complaints received and particulars of receiver of complaint and time frame for redresses under section 7;
(iii) the time frame for redresses of grievances under sub-section (1) of section 8;
(iv) the time frame within which the Grievance Redressal Officer shall report to the Designated Authority under section 9;
(v) the other means of acknowledgement under sub-section (3) of section 10;
(vi) the time frame for disposal of appeal under sub-section (4) of section 10;
(vii) the time frame within which the Designated Authority shall deliver copies of the decision to the parties concerned under sub-section (5) of section 10;
(viii) the time frame within which an appeal shall be made against the decision of the Designated Authority or has not received the decision within the time under sub-section (1) of section 11.
(ix) the number of members of the State Appellate Authority under sub-section (2) of section 12.
(x) the salary and allowances payable to and the other terms and conditions of service of a member of the State Appellate Authority under section 15;
(xi) to regulate the procedure for the investigation of misbehaviour or incapacity of a member of the State Appellate Authority under sub-section (3) of section 16;
(xii) the other matters for which the State Appellate Authority shall have power of civil court under clause (vi) of subsection (1) of section 17;
(xiii) the manner and the time frame within which the public authority shall publish a report and other particulars for discharge of functions of the public authority under sub-section (2) of section 24;
(xiv) any other matter which is or may be provided by rules under this Act.
(3) 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.
(4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.
### 30. Power to remove difficulties.
(1) 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 may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after expiry of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.
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65ba721eab84c7eca86eb59c | acts |
Union of India - Act
----------------------
Agreement between the Government of the Republic of India and the Government of the Republic of Kenya for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income
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UNION OF INDIA
India
Agreement between the Government of the Republic of India and the Government of the Republic of Kenya for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income
=================================================================================================================================================================================================================
Rule AGREEMENT-BETWEEN-THE-GOVERNMENT-OF-THE-REPUBLIC-OF-INDIA-AND-THE-GOVERNMENT-OF-THE-REPUBLIC-OF-KENYA-FOR-THE-AVOIDANCE-OF-DOUBLE-TAXATION-AND-THE-PREVENTION-OF-FISCAL-EVASION-WITH-RESPECT-TO-TAXES-ON-INCOME of 2018
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Published on 19 February 2018
* Commenced on 19 February 2018
Agreement between the Government of the Republic of India and the Government of the Republic of Kenya for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income
Published vide Notification No. S.O. 731(E) , dated 19.2.2018
S.O. 731(E) . - Whereas, an Agreement between the Government of the Republic of India and the Government of the Republic of Kenya for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income was signed at Nairobi, Kenya on the 11th July, 2016 (hereinafter referred to as the said Agreement);
And whereas, the said Agreement entered into force on the 30th day of August, 2017, being the date of the later of the notifications of the completion of the procedures required by the respective laws for entry into force of the said Agreement, in accordance with paragraph 2 of Article 31 of the said Agreement;
And whereas, sub-paragraph (a) of paragraph 3 of Article 31 of the said Agreement provided that the provisions of the said Agreement shall have effect in India in respect of income derived in any fiscal year beginning on or after the first day of April following the calendar year in which the said Agreement enters into force;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies that all the provisions of said Agreement, as annexed hereto shall be given effect to in the Union of India.
Annexure
The Government of the Republic of India and the Government of the Republic of Kenya
Desiring to conclude an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and with a view to promoting economic cooperation between the two countries,
Have Agreed as follows:
Article 2
### 1. Persons Covered.
This Agreement shall apply to persons who are residents of one or both of the Contracting States.
Article 2
### 2. Taxes Covered.
### 1. This Agreement shall apply to taxes on income imposed on behalf of a Contracting State or of its political subdivisions or local authorities, irrespective of the manner in which they are levied. ###
2. There shall be regarded as taxes on income all taxes imposed on total income, or on elements of income including taxes on gains from the alienation of movable or immovable property, and taxes on the total amounts of wages or salaries paid by enterprises.
### 3. The existing taxes to which the Agreement shall apply are, in particular:
(a) in the case of India: the income-tax, including any surcharge thereon (hereinafter referred to as "Indian tax");
(b) in the case of Kenya: taxes on income chargeable under the Income Tax Act (Cap. 470) (hereinafter referred to as "Kenyan tax").
### 4. The Agreement shall apply also to any identical or substantially similar taxes which are imposed after the date of signature of the Agreement in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes which have been made in their respective taxation laws.
Article 3
### 3. General Definitions. ###
1. For the purposes of this Agreement, unless the context otherwise requires:
(a) the term "India" means the territory of India and includes the territorial sea and air space above it as well as any other maritime zone in which India has sovereign rights, other rights and jurisdiction, according to the Indian law and in accordance with international law, including the U.N. Convention on the Law of the Sea;
(b) the term "Kenya" means all territory of Kenya in state boundaries, including internal and territorial waters and also Special Economic Zone and Continental Shelf, and all installations erected thereon as defined in the Continental shelf Act over which Kenya exercises its sovereign rights for the purpose of exploiting natural resources of the sea bed, its subsoil and superjacent waters, in accordance with the international law;
(c) the terms "Contracting State" and "the other Contracting State" mean India or Kenya as the context requires;
(d) the term "person" includes an individual, a company, a body of persons and any other entity which is treated as a taxable unit under the taxation laws in force in the respective Contracting States;
(e) the term "company" means anybody corporate or any entity which is treated as a body corporate for tax purposes;
(f) the terms "enterprise of a Contracting State" and "enterprise of the other Contracting State" mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;
(g) the term "international traffic" means any transport by a ship or aircraft operated by an enterprise that has its place of effective management in a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State;
(h) the term "competent authority" means:
(i) in the case of India, the Finance Minister, Government of India, or his authorized representative;
(ii) in the case of Kenya, the Cabinet Secretary responsible for Finance or his authorized representative;
(i) the term "national" means:
(i) any individual possessing the nationality of a Contracting State;
(ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State;
(j) the term "tax" means Indian or Kenyan tax, as the context requires, but shall not include any amount which is payable in respect of any default or omission in relation to the taxes to which this Agreement applies or which represents a penalty or fine imposed relating to those taxes;
(k) The term "fiscal year" means:
(i) in the case of India: the financial year beginning on the 1st day of April;
(ii) in the case of Kenya: the year of income beginning on the 1st day of January.
### 2. As regards the application of the Agreement at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the Agreement applies and any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State. Article 4
### 4. Resident. ###
1. For the purposes of this Agreement, the term "resident of a Contracting State" means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of incorporation, place of management or any other criterion of a similar nature and also includes that State and any political subdivision or local authority thereof. This term, however, does not include any person who is liable to tax in that State in respect only of income from sources in that State.
### 2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then his status shall be determined as follows: (a) he shall be deemed to be a resident only of the State in which he has a permanent home available to him. If he has a permanent home available to him in both States, he shall be deemed to be a resident only of the State with which his personal and economic relations are closer (centre of vital interests);
(b) if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be a resident only of the State in which he has an habitual abode;
(c) if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident only of the State of which he is a national;
(d) if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.
### 3. Where, by reason of the provisions of paragraph 1, a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident only of the State in which its place of effective management is situated. If the State in which its place of effective management is situated cannot be determined, then the competent authorities of the Contracting States shall settle the question by mutual agreement. Article 5
### 5. Permanent Establishment.
### 1. For the purposes of this Agreement, the term "permanent establishment" means a fixed place of business through which the business of an enterprise is wholly or partly carried on. ###
2. The term "permanent establishment" includes especially:
(a) a place of management;
(b) a branch;
(c) an office;
(d) a factory;
(e) a workshop;
(f) a sales outlet;
(g) a warehouse in relation to a person providing storage facilities for others;
(h) a farm, plantation or other place where agricultural, forestry, plantation or related activities are carried on; and
(i) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources.
### 3. The term `Permanent Establishment' also encompasses: - (a) A building site, construction, assembly or installation project or supervisory activities in connection therewith, but only if such site, project or activities last more than six months.
(b) The furnishing of services, including consultancy services, by an enterprise through employees or other personnel engaged by the enterprise for such purpose, but only if activities of that nature continue (for the same or connected project) within a Contracting State for a period or periods aggregating more than 90 days within any 12-month period.
### 4. Notwithstanding the preceding provisions of this Article, the term "permanent establishment" shall be deemed not to include: (a) the use of facilities solely for the purpose of storage or display of goods or merchandise belonging to the enterprise;
(b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage or display;
(c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise;
(d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or for collecting information, for the enterprise;
(e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character;
(f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs (a) to (e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character.
### 5. Notwithstanding the provisions of paragraphs 1 and 2, where a person - other than an agent of an independent status to whom paragraph 7 applies - is acting in a Contracting State on behalf of an enterprise of the other Contracting State, that enterprise shall be deemed to have a permanent establishment in the first-mentioned Contracting State in respect of any activities which that person undertakes for the enterprise, if such a person (a) has and habitually exercises in that State an authority to conclude contracts in the name of the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph, or
(b) has no such authority, but habitually maintains in the first-mentioned State a stock of goods or merchandise from which he regularly delivers goods or merchandise on behalf of that enterprise;
(c) habitually secures orders in the first-mentioned State, wholly or almost wholly for the enterprise itself.
### 6. Notwithstanding the preceding provisions of this Article, an insurance enterprise of a Contracting State shall, except in regard to re-insurance, be deemed to have a permanent establishment in the other Contracting State if it collects premiums in the territory of that other State or insures risks situated therein through a person other than an agent of independent status to whom paragraph 7 applies.
### 7. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. However, when the activities of such an agent are devoted wholly or almost wholly on behalf of that enterprise and conditions are made or imposed between that enterprise and the agent in their commercial and financial relations which differ from those which would have been made between independent enterprises he will not be considered an agent of an independent status within the meaning of this paragraph.
### 8. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company, a permanent establishment of the other.
Article 6
### 6. Income From Immovable Property. ###
1. Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State,
### 2. The term "immovable property" shall have the meaning which it has under the law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources; ships, boats and aircraft shall not be regarded as immovable property. ###
3. The provisions of paragraph 1 shall also apply to income derived from the direct use, letting, or use in any other form of immovable property.
### 4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services. Article 7
### 7. Business Profits. ###
1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on or has carried on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment.
### 2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment. ###
3. In determining the profits of a permanent establishment, there shall be allowed as deductions expenses which are incurred for the purposes of the business of the permanent establishment, including executive and general administrative expenses so incurred, whether in the State in which the permanent establishment is situated or elsewhere, in accordance with the provisions of and subject to the limitations of the tax laws of that State. However, no such deduction shall be allowed in respect of amounts, if any, paid (otherwise than towards reimbursement of actual expenses) by the permanent establishment to the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments in return for the use of patents, know-how or other rights, or by way of commission or other charges for specific services performed or for management, or, except in the case of banking enterprises, by way of interest on moneys lent to the permanent establishment. Likewise, no account shall be taken, in the determination of the profits of a permanent establishment, for amounts charged (otherwise than toward reimbursement of actual expenses), by the permanent establishment to the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments in return for the use of patents, know-how or other rights, or by way of commission or other charges for specific services performed or for management, or, except in the case of a banking enterprise, by way of interest on moneys lent to the head office of the enterprise or any of its other offices.
### 4. Insofar as it has been customary in a Contracting State to determine the profits to be attributed to a permanent establishment on the basis of an apportionment of the total profits of the enterprise to its various parts, nothing in paragraph 2 shall preclude Contracting State from determining the profits to be taxed by such an apportionment as may be customary; the method of apportionment adopted shall, however, be such that the result shall be in accordance with the principles contained in this Article. ###
5. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise.
### 6. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. ###
7. Where profits include items of income which are dealt with separately in other Articles of this Agreement, then the provisions of those Articles shall not be affected by the provisions of this Article.
Article 8
### 8. Shipping and Air Transport. ###
1. Profits derived by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated.
### 2. Notwithstanding the provisions of paragraph 1, profits derived from the operation of ships in international traffic may be taxed in the Contracting State in which such operation is carried on; but the tax so charged shall not exceed 50 per cent of the tax otherwise imposed by the internal law of that State. ###
3. If the place of effective management of a shipping enterprise is aboard a ship, then it shall be deemed to be situated in the Contracting State in which the home harbor of the ship is situated, or, if there is no such home harbor, in the Contracting State of which the operator of the ship is a resident.
### 4. Profits derived by a transportation enterprise which is a resident of a Contracting State from the use, maintenance, or rental of containers (including trailers and other equipment for the transport of containers) used for the transport of goods or merchandise in international traffic which is supplementary or incidental to its international operation of ships or air-crafts shall be taxable only in that Contracting State unless the containers are used solely within the other contracting State. ###
5. The provisions of paragraph 1 shall also apply to profits from the participation in a pool, a joint business or an international operating agency.
Article 9
### 9. Associated Enterprises.
### 1. Where (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or
(b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.
### 2. Where a Contracting State includes in the profits of an enterprise of that State and taxes accordingly profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the competent authorities of the Contracting States shall if necessary consult each other. ###
3. The provisions of paragraph 2 shall not apply where judicial, administrative or other legal proceedings have resulted in a final ruling that by actions giving rise to an adjustment of profits under paragraph 1, one of the enterprises concerned is liable to penalty with respect to fraud, gross negligence or willful default.
Article 10
### 10. Dividends.
### 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. ###
2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the dividends. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
### 3. The term "dividends" as used in this Article means income from shares or other rights, not being debt-claims, participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident. ###
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 15, as the case may be, shall apply.
### 5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. Article 11
### 11. Interest.
### 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. ###
2. However, such interest may also be taxed in the Contracting State in which it arises, and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the interest.
### 3. Notwithstanding the provisions of paragraph 2, interest arising in a Contracting State shall be exempt from tax in that State, provided that it is derived and beneficially owned by: (a) the Government, a political sub-division or a local authority of the other Contracting State; or
(b) i) in the case of India, the Reserve Bank of India and the Export-Import bank of India; and ii) in the case of Kenya, the Central Bank of Kenya; or
(c) any other government financial institution/entity as may be agreed upon from time to time between the Competent authorities of the Contracting States through exchange of letters.
### 4. The term "interest" as used in this Article means income from debt claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor's profits, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures. Penalty charges for late payment shall not be regarded as interest for the purpose of this Article. ###
5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the debt claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 15, as the case may be, shall apply.
### 6. Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the interest, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. ###
7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest having regard to the debt claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement.
Article 12
### 12. Royalties.
### 1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. ###
2. However, such royalties may also be taxed in the Contracting State in which they arise, and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State the tax so charged shall not exceed 10 percent of the gross amount of the royalties.
### 3. The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use any copyright of literary, artistic or scientific work including cinematograph films or films or tapes used for television or radio broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. ###
4. The provisions of paragraph 1 and 2 shall not apply if the beneficial owner of the royalties being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 15, as the case may be, shall apply.
### 5. Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the royalties whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. ###
6. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement.
Article 13
### 13. Fees for Management, Professional and Technical Services.
### 1. Fees for management, professional and technical services arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. ###
2. However, such fees for management, professional and technical services may be taxed in the Contracting State in which they arise, and according to the law of that State, but if the beneficial owner of fees for management, professional and technical services is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the fees for management, professional and technical services.
### 3. The term "fees for management, professional and technical services" as used in this article means payments of any kind to any person, other than to an employee of the person making the payments and those mentioned in Articles 15 and 16 of this Agreement in consideration for any services of a managerial, technical, professional or consultancy nature including the provision of services of technical or other personnel. ###
4. The provisions of paragraph1 and 2 shall not apply if the beneficial owner of the fees for management, professional and technical services being a resident of a Contracting State, carries on business in the other Contracting State in which the fees for management, professional and technical services arise, through a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein and the fees for management, professional and technical services are effectively connected with such permanent establishment or a fixed base. In such case the provisions of Article 7 or Article 15 as the case may be shall apply.
### 5. Fees for management, professional and technical services shall be deemed to arise in a Contracting State when the payer is that Contracting State itself, a political sub-division, a local authority or a resident of that State. Where, however, the person paying the fees for management, professional and technical services, whether he is a resident of that State or not, has in a Contracting State a permanent establishment in connection with which the liability to pay the fees for management, professional and technical services was incurred and such fees for management, professional and technical services are borne by such permanent establishment then such fees for management, professional and technical services shall be deemed to arise in the Contracting State in which the permanent establishment is situated. ###
6. Where, owing to a special relationship between the payer and the beneficial owner of the fees for management, professional and technical services or between both of them and some other person, the amount of the fees for management, professional and technical services paid, having regard to the service for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this article shall apply only to the last-mentioned amount. In that case the excess part of the payment shall remain taxable according to the law of each Contracting State, due regard being had to the other provisions of this Agreement
Article 14
### 14. Capital Gains.
### 1. Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 and situated in the other Contracting State may be taxed in that other State. ###
2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such fixed base, may be taxed in that other State.
### 3. Gains from the alienation of ships or aircraft operated in international traffic, or movable property pertaining to the operation of such ships or aircraft shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated. ###
4. Gains from the alienation of shares of the capital stock of a company, or of an interest in a partnership, trust or estate, the property of which consists directly or indirectly principally of immovable property situated in a Contracting State may be taxed in that State.
### 5. Gains from the alienation of shares other than those mentioned in paragraph 4 in a company which is a resident of a Contracting State may be taxed in that State. ###
6. Gains from the alienation of any property other than that referred to in paragraphs 1, 2, 3, 4 and 5, shall be taxable only in the Contracting State of which the alienator is a resident.
Article 15
### 15. Independent Personal Services.
### 1. Income derived by an individual who is a resident of a Contracting State from the performance of professional services or other independent activities of a similar character shall be taxable only in that State except in the following circumstances when such income may also be taxed in the other Contracting State: (a) if he has a fixed base regularly available to him in the other Contracting State for the purpose of performing his activities; in that case, only so much of the income as is attributable to that fixed base may be taxed in that other State; or
(b) if his stay in the other Contracting State is for a period or periods amounting to or exceeding in the aggregate 183 days in any period of 12 - months commencing or ending in the fiscal year concerned; in that case, only so much of the income as is derived from his activities performed in that other State may be taxed in that other State.
### 2. The term "professional services" includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, surgeons, dentists and accountants. Article 16
### 16. Dependent Personal Services.
### 1. Subject to the provisions of Articles 17, 19, 20, 21 and 22 salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State. ###
2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if:
(a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending in the fiscal year concerned, and
(b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and
(c) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other State.
### 3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic, by an enterprise of a Contracting State may be taxed only in the Contracting State in which the place of effective management of the enterprise is situated. Article 17
### 17. Directors' Fees.
Directors' fees and other similar payments derived by a resident of a Contracting State in his capacity as a member or on behalf of a member of the board of directors in a company which is a resident of the other Contracting State may be taxed in that other State.
Article 18
### 18. Artistes and Sports persons.
### 1. Notwithstanding the provisions of Articles 15 and 16, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from personal activities as such exercised in the other Contracting State, may be taxed in that other State. ###
2. Where income in respect of personal activities exercised by an entertainer or a sportsperson in his capacity as such accrues not to the entertainer or sportsperson himself but to another person, that income may, notwithstanding the provisions of Articles 7, 15 and 16, be taxed in the Contracting State in which the activities of the entertainer or sportsperson are exercised.
### 3. The provisions of paragraphs 1 and 2, shall not apply to income from activities performed in a Contracting State by entertainers or sports persons if the activities are substantially supported by public funds of one or both of the Contracting States or of political subdivisions or local authorities thereof. In such a case, the income shall be taxable only in the Contracting State of which the entertainer or sportsperson is a resident. Article 19
### 19. Pensions.
### 1. Subject to the provisions of paragraph 2 of Article 20, pensions and other similar remuneration paid to a resident of a Contracting State in consideration of past employment shall be taxable only in that State. ###
2. Notwithstanding the provisions of paragraph 1, pensions paid and other payments made under a public scheme which is part of the social security system of a Contracting State or a political subdivision or a local authority thereof shall be taxable only in that State.
Article 20
### 20. Government Service.
### 1. (a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. (b)
However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that State who:
(i) is a national of that State; or
(ii) did not become a resident of that State solely for the purpose of rendering the services.
### 2. (a) Any pension paid by, or out of funds created by, a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. (b)
However, such pension shall be taxable only in the other Contracting State if the individual is a resident of, and a national of, that State.
### 3. The provisions of Articles 16, 17, 18 and 19 shall apply to salaries, wages and other similar remuneration and to pensions in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof. Article 21
### 21. Professors, Teachers and Research Scholars.
### 1. A professor, teacher or research scholar who is or was a resident of the Contracting State immediately before visiting the other Contracting State for the purpose of teaching or engaging in research, or both, at a university, college or other similar approved institution in that other Contracting State shall be exempt from tax in that other State on any remuneration for such teaching or research for a period not exceeding two years from the date of his first arrival in that other State. ###
2. This Article shall apply to income from research if such research is undertaken by the individual in the public interest and not primarily for the benefit of some private person or persons.
### 3. For the purposes of this Article, an individual shall be deemed to be a resident of a Contracting State if he is resident in that State in the fiscal year in which he visits the other Contracting State or in the immediately preceding fiscal year. Article 22
### 22. Students.
### 1. A student who is or was a resident of one of the Contracting States immediately before visiting the other Contracting State and who is present in that other Contracting State solely for the purpose of his education or training, shall besides grants and scholarships be exempt from tax in that other State on: (a) payments made to him by persons residing outside that other State for the purposes of his maintenance, education or training; and
(b) remuneration which he derives from an employment, which he exercises during his full time education or training in the other Contracting State.
### 2. The benefits of this Article shall extend only for such period of time as may be reasonable or customarily required to complete the education or training undertaken, but in no event shall any individual have the benefits of this Article, for more than six consecutive years from the date of his first arrival for the purpose of his education or training in that other State. Article 23
### 23. Other Income.
### 1. Items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Agreement shall be taxable only in that State. ###
2. The provisions of paragraph 1 shall not apply to income, other than income from immovable property as defined in paragraph 2 of Article 6, if the recipient of such income, being a resident of a Contracting State, carries on business in the other Contracting State through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the income is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 15, as the case may be, shall apply.
### 3. Notwithstanding the provisions of paragraphs 1 and 2, items of income of a resident of a Contracting State not dealt with in the foregoing articles of this Agreement and arising in the other Contracting State may also be taxed in that other State. Article 24
### 24. Methods for Elimination of Double Taxation.
### 1. The laws in force in either of the Contracting States will continue to govern the taxation of income in the respective Contracting States except where provisions to the contrary are made in this Agreement. ###
2. Double taxation shall be eliminated in India as follows:
(a) Where a resident of India derives income which, in accordance with the provisions of this Agreement, may be taxed in Kenya, India shall allow as a deduction from the tax on the income of that resident, an amount equal to the tax paid in Kenya. Such deduction shall not, however, exceed that portion of the tax as computed before the deduction is given, which is attributable, as the case may be, to the income which may be taxed in Kenya.
(b) Where in accordance with any provision of the Agreement income derived by a resident of India is exempt from tax in India, India may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income.
### 3. Double taxation shall be eliminated in Kenya as follows: (a) Where a resident of Kenya derives income which, in accordance with the provisions of this Agreement, may be taxed in India, Kenya shall allow as a credit against the tax on the income of that resident, an amount equal to the tax paid in India.
Such credit shall not, however, exceed that portion of the tax as computed before the credit is given, which is attributable, as the case may be, to the income which may be taxed in India.
(b) Where in accordance with any provision of the Agreement, income derived by a resident of Kenya is exempt from tax in Kenya, Kenya may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income.
Article 25
### 25. Non-Discrimination.
### 1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith, which is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances, in particular with respect to residence, are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also apply to persons who are not residents of one or both of the Contracting States. ###
2. The taxation on a permanent establishment which an enterprise of a Contracting State has in the other Contracting State shall not be less favorably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities. This provision shall not be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents. This provision shall not be construed as preventing a Contracting State from charging the profits of a permanent establishment which a company of the other Contracting State has in the first mentioned State at a rate of tax which is higher than that imposed on the profits of a similar company of the first mentioned Contracting State, nor as being in conflict with the provisions of paragraph 3 of Article 7.
### 3. Except where the provisions of paragraph 1 of Article 9, paragraph 7 of Article 11, or paragraph 6 of Article 12, apply, interest, royalties and other disbursements paid by an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable profits of such enterprise, be deductible under the same conditions as if they had been paid to a resident of the first-mentioned State. Similarly, any debts of an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable capital of such enterprise, be deductible under the same conditions as if they had been contracted to a resident of the first-mentioned State. ###
4. Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which other similar enterprises of the first-mentioned State are or may be subjected.
### 5. The provisions of this Article shall, notwithstanding the provisions of Article 2, apply to taxes of every kind and description. Article 26
### 26. Mutual Agreement Procedure.
### 1. Where a person considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies provided by the domestic law of those States, present his case to the competent authority of the Contracting State of which he is a resident or, if his case comes under paragraph 1 of Article 25, to that of the Contracting State of which he is a national. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Agreement. ###
2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation which is not in accordance with the Agreement. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States.
### 3. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Agreement. They may also consult together for the elimination of double taxation in cases not provided for in the Agreement. ###
4. The competent authorities of the Contracting States may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs. When it seems advisable in order to reach agreement to have an oral exchange of opinions, such exchange may take place through a Commission consisting of representatives of the competent authorities of the Contracting States.
Article 27
### 27. Exchange of Information.
### 1. The competent authorities of the Contracting States shall exchange such information (including documents or certified copies of the documents) as is necessary for carrying out the provisions of this Agreement or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States, or of their political subdivisions or local authorities insofar as the taxation thereunder is not contrary to the Agreement. The exchange of information is not restricted by Articles 1 and 2. ###
2. Any information received under paragraph 1 by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, the determination of appeals in relation to the taxes referred to in paragraph 1, or the oversight of the above. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. Notwithstanding the foregoing, information received by contracting states may be used for other purposes when such information may be used for such other purposes under the laws of both states and the competent authority of the supplying state authorizes such use.
### 3. In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation: (a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State;
(b) to supply information (including documents or certified copies of the documents) which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State;
(c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (order public).
### 4. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though that other State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 but in no case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domestic interest in such information. ###
5. In no case shall the provisions of paragraph 3 be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person.
Article 28
### 28. Assistance in the Collection of Taxes.
### 1. The Contracting States shall lend assistance to each other in the collection of revenue claims. This assistance is not restricted by Articles 1 and 2. The competent authorities of the Contracting States may by mutual agreement settle the mode of application of this Article. ###
2. The term "revenue claim" as used in this Article means an amount owed in respect of taxes of every kind and description imposed on behalf of the Contracting States, or of their political subdivisions or local authorities, insofar as the taxation thereunder is not contrary to this Agreement or any other instrument to which the Contracting States are parties, as well as interest, administrative penalties and costs of collection or conservancy related to such amount.
### 3. When a revenue claim of a Contracting State is enforceable under the laws of that State and is owed by a person who, at that time, cannot, under the laws of that State, prevent its collection, that revenue claim shall, at the request of the competent authority of that State, be accepted for purposes of collection by the competent authority of the other Contracting State. That revenue claim shall be collected by that other State in accordance with the provisions of its laws applicable to the enforcement and collection of its own taxes as if the revenue claim were a revenue claim of that other State. ###
4. When a revenue claim of a Contracting State is a claim in respect of which that State may, under its law, take measures of conservancy with a view to ensure its collection, that revenue claim shall, at the request of the competent authority of that State, be accepted for purposes of taking measures of conservancy by the competent authority of the other Contracting State. That other State shall take measures of conservancy in respect of that revenue claim in accordance with the provisions of its laws as if the revenue claim were a revenue claim of that other State even if, at the time when such measures are applied, the revenue claim is not enforceable in the first-mentioned State or is owed by a person who has a right to prevent its collection.
### 5. Notwithstanding the provisions of paragraphs 3 and 4, a revenue claim accepted by a Contracting State for purposes of paragraph 3 or 4 shall not, in that State, be subject to the time limits or accorded any priority applicable to a revenue claim under the laws of that State by reason of its nature as such. In addition, a revenue claim accepted by a Contracting State for the purposes of paragraph 3 or 4 shall not, in that State, have any priority applicable to that revenue claim under the laws of the other Contracting State. ###
6. Proceedings with respect to the existence, validity or the amount of a revenue claim of a Contracting State shall only be brought before the courts or administrative bodies of that State. Nothing in this Article shall be construed as creating or providing any right to such proceedings before any court or administrative body of the other Contracting State.
### 7. Where, at any time after a request has been made by a Contracting State under paragraph 3 or 4 and before the other Contracting State has collected and remitted the relevant revenue claim to the first-mentioned State, the relevant revenue claim ceases to be (a) in the case of a request under paragraph 3, a revenue claim of the first-mentioned State that is enforceable under the laws of that State and is owed by a person who, at that time, cannot, under the laws of that State, prevent its collection, or
(b) in the case of a request under paragraph 4, a revenue claim of the first-mentioned State in respect of which that State may, under its laws, take measures of conservancy with a view to ensure its collection, the competent authority of the first-mentioned State shall promptly notify the competent authority of the other State of that fact and, at the option of the other State, the first-mentioned State shall either suspend or withdraw its request.
### 8. In no case shall the provisions of this Article be construed so as to impose on a Contracting State the obligation: (a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State;
(b) to carry out measures which would be contrary to public policy (ordre public);
(c) to provide assistance if the other Contracting State has not pursued all reasonable measures of collection or conservancy, as the case may be, available under its laws or administrative practice;
(d) to provide assistance in those cases where the administrative burden for that State is clearly disproportionate to the benefit to be derived by the other Contracting State.
Article 29
### 29. Limitation of Benefits.
### 1. The provisions of this Agreement shall in no case prevent a Contracting State from the application of the provisions of its domestic law and measures concerning tax avoidance or evasion, whether or not described as such. ###
2. A resident of a Contracting State shall not be entitled to the benefits of this Agreement if its affairs were arranged in such a manner as if it was the main purpose or one of the main purposes to take the benefits of this Agreement.
### 3. Any person including legal entities not having bonafide business activities shall not be entitled to the benefits of this Agreement. Article 30
### 30. Members of Diplomatic Missions and Consular Posts.
Nothing in this Agreement shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements.
Article 31
### 31. Entry into Force.
### 1. The Contracting States shall notify each other in writing, through diplomatic channels, of the completion of the procedures required by the respective laws for the entry into force of this Agreement. ###
2. This Agreement shall enter into force on the date of the later of the notifications referred to in paragraph 1 of this Article.
### 3. The provisions of this Agreement shall have effect: (a) In India, in respect of income derived in any fiscal year beginning on or after the first day of April next following the calendar year in which the Agreement enters into force; and
(b) In Kenya, in respect of:
(i) taxes withheld at source on amounts paid or credited to non residents on or after first January, in the calendar year following the year in which all the required formalities are completed;
(ii) other taxes on income arising for the year of income commencing on or after the 1st January in the calendar year in which all the required formalities are completed.
### 4. The Agreement between the Government of the Republic of India and the Government of the Republic of Kenya for the Avoidance of Double Taxation and Prevention of fiscal evasion with respect to taxes on income signed at Nairobi on the 12th day of April, 1985 shall cease to have effect when the provisions of this Agreement become effective in accordance with the provisions of paragraph 3 Article 32
### 32. Termination.
This Agreement shall remain in force indefinitely until terminated by a Contracting State. Either Contracting State may terminate the Agreement, through diplomatic channels, by giving notice of termination at least six months before the end of any calendar year beginning after the expiration of five years from the date of entry into force of the Agreement. In such event, the Agreement shall cease to have effect:
(a) In India, in respect of income derived in any fiscal year on or after the first day of April next following the calendar year in which the notice is given;
(b) in Kenya:
(i) in respect of taxes withheld at the source on amounts paid or credited to non-residents on or after the 1st day of January in the calendar year next following that in which the notice is given;
(ii) in respect of other taxes on income arising for the year of income next following that in which the notice of termination is given, and subsequent years.
In Witness Whereof the undersigned duly authorized thereto, have signed this Agreement.
Done in duplicate at Nairobi on this 11th day of July, 2016, each in the English and Hindi languages, both texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.
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For the Government of the Republic of India
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For
the government of Republic of Kenya
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sd/-
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sd/-
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(Suchitra Durai)
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(Henry
Rotich)
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H.E
High Commissioner of
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Cabinet
Secretary,
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The
Republic of India
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National
Treasury
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For
The Republic of India
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For
The Republic of Kenya
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Protocol
At the moment of signing the Agreement this day concluded between the Government of the Republic of India and the Government of the Republic of Kenya for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, the undersigned have agreed upon the following provisions which shall be an integral part of the Agreement:
### 1. For the purposes of computing the time limit in paragraph 3 (a) of Article 5, it is understood that the six months period begins as of the date on which the construction activity itself begins; it does not take into account the time spent solely on preparatory activities. ###
2. It is understood that if the domestic law of a Contracting State is more beneficial to a resident of the other Contracting State than the provisions of this Agreement, then the provisions of the domestic law of the first-mentioned State shall apply to the extent they are more beneficial to such a resident.
In Witness Whereof, the undersigned, being duly authorized by their respective Governments, have signed this Protocol.
Done in duplicate at Nairobi on this 11th day of July 2016 each, in the Hindi and English Languages, both texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.
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For the Government of the Republic of India
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For
the government of Republic of Kenya
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sd/-
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sd/-
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(Suchitra Durai)
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(Henry
Rotich)
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H.E
High Commissioner of
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Cabinet
Secretary,
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The
Republic of India
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National
Treasury
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For
The Republic of India
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For
The Republic of Kenya
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65ba26b5ab84c7eca86eab84 | acts |
State of Maharashtra - Act
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The Maharashtra Merged Territories and Areas (Jagirs Abolition) Act, 1954
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MAHARASHTRA
India
The Maharashtra Merged Territories and Areas (Jagirs Abolition) Act, 1954
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Act 39 of 1954
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* Published on 13 June 1954
* Commenced on 13 June 1954
The Maharashtra Merged Territories and Areas (Jagirs Abolition) Act, 1954
Act
No. 39 of 1954
For Statement of Objects and Reasons, see Bombay Government Gazette, 1953, Part V, page 380.
(This Act received The assent of the President on the 13th June 1954; assent was first published in the Bombay Government Gazette, Part IV, on the 18th June 1954).
An Act to abolish Jagirs in the merged territories and merged areas in the State of Bombay.
Whereas it is expedient in the public interest to abolish Jagirs of various kinds in the merged territories and merged areas in the State of Bombay and to provide for matters consequential and incidental thereto; It is hereby enacted as follows:-
### 1. Short title, extent and commencement.
(1) This Act may be called [the Maharashtra Merged Territories and Areas (Jagirs Abolition) Act]
[This Short title was substituted for the short title 'the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953' by Maharashtra 24 of 2012, Schedule entry No. 54, (w.r.e.f. 1-5-1960).]
.
(2) It extends to the merged territories and the merged areas in the [pre-Reorganisation State of Bombay, excluding the transferred territories.]
[These words were substituted for the words 'State of Bombay' by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
(3) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint in this behalf.
### 2. Definitions.
(1) In this Act, unless there is anything repugnant in the subject or context,-
(i) appointed date means the date on which this Act comes into force;
(ii) "Code" means the Bombay Land Revenue Code, 1879;
(iii) "Collector" includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act;
(iv) "to cultivate personally" means to cultivate on one's own account,-
(a) by one's own labour, or
(b) by the labour of any member of one's family, or
(c) by servant on wages payable in cash or kind but not in crop share or by hired labour under one's personal supervision or the personal supervision of any member of one's family;
Explanation. - For the purposes of this clause,-
(1) a widow or a minor or a person who is subject to any physical or mental disability shall be deemed to cultivate the land personally if it is cultivated by her or his servants or by hired labour;
(2) in the case of an undivided Hindu family, the land shall be deemed to have been cultivated personally, if it is cultivated by any member of such family;
(v) "Gharkhed land" means land held by a jagirdar as his personal or private property and cultivated personally by him;
(vi) "jagir" means the grant by or recognition as a grant by, the ruling authority for the time being before the merger of a village, a group of villages or a portion of a village, whether such grant is of the soil or an assignment of land revenue or both, and includes villages, groups or portions of villages-
(a) held in the merged territories of merged areas on tenure commonly known as Jiwai jagir, Bhomia jagir, Patawat jagir, Jamaiya jagir, Chakariat jagir, Bhagina or Co-shared jagir, Khalse Jamindari, Mulgiras Jagir, Makta, Saranjam or Political inam or on tenure known by any similar name;
(b) held by a Ruler of a former Indian State merged in the [pre-Reorganisation State of Bombay]
[These words were substituted for the words 'State of Bombay' by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
as jagir in his own State before the merger and recognised after the merger as of his ownership, use and enjoyment as his private property under the merger agreement, or
(c) held by a talukdar of a merged taluka or estate and recognised as of his ownership, use and enjoyment under the merger agreement:
(vii) "jagirdar" means the holder of a jagir village and includes his co-sharer;
(viii) "Jagir village" means a village or part of a village held as jagir as defined in clause (vi);
(ix) "Jiwai jagir" means a village held by the holder thereof for the purposes of his maintenance by virtue of a grant, whether known as Jiwai or by any other name, made by a Ruler of a former Indian State in the merged territories or by a talukdar of a merged taluka or estate in the merged areas;
(x) "Life time Jiwai jagir" means a Jiwai jagir which is recognised by the State Government in this behalf as being continuable for the life time of the holder;
(xi) "Jiwai land" means land held by a cadet of a jagirdar's family for the purposes of maintenance;
(xii) "merger" means-
(a) in relation to a former Indian State, the cession by the Ruler of such State, of full and exclusive jurisdiction and powers, for, and in relation to, the Governance of such State and the transfer of administration of such State to the [pre-Reorganisation State of Bombay]
[These words were substituted for the words 'State of Bombay' by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
under section 290A of the Government of India Act, 1935;
(b) in relation to a taluka or estate in the merged areas, the transfer by the talukdar of all rights, authority and jurisdiction appertaining or in relation to the governance of such taluka or estate to the Government of Bombay and the absorption of such taluka or estate in the [pre-Reorganisation State of Bombay]
[These words were substituted for the words 'State of Bombay' by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
under section 290 of the Government of India Act, 1935.
(xiii) "merged areas" means the areas which are included in the [pre-Reorganisation State of Bombay]
[These words were substituted for the words 'State of Bombay' by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
by the Bombay (Enlargement of Area and Alteration of Boundaries) Order, 1947, or the Bombay (Enlargement of Area and Alteration of Boundaries) Order, 1948, or the Bombay (Enlargement of Area and Alteration of Boundaries) (Amendment) Order, 1948, as the case may be;
(xiv) "merger agreement" means an agreement by virtue of which a former Indian State or a taluka or estate in the merged areas, is merged in the qpreReorganisation State of Bombay];
(xv) "non-proprietary jagir" means a jagir which consists of a right in the jagirdar to appropriate as incident of the jagir, land revenue or rent due to Government from persons holding land in a jagir village, but which does not consist of any right of interest in the soil;
(xvi) "permanent holder" means a person who holds land in a jagir village or who holds Jiwai land in such village from a cadet of a jagirdar's family, not on payment of rent but on payment of assessment, in case or kind, to the jagirdar or to such cadet as the case may be, and includes any person holding such land through or from such person;
(xvii) "prescribed" means prescribed by rules made under this Act;
(xviii) "proprietary jagir" means a jagir in respect of which the jagirdar under the terms of a grant or agreement or by custom or usage is entitled to any rights or interest in the soil.
(2) Any word or expression which is defined in the Code and not defined in this Act, shall be deemed to have the meaning given to it in the Code.
(3) References in this Act to the incidents of jagirs shall, notwithstanding the Abolition of the jagirs by this Act be construed as references to the incidents as they were in force immediately before the appointed date.
(4) If any question arises, -
(i) whether a jagir is proprietary or non-proprietary,
(ii) whether any land is Gharkhed or Jiwai, or
(iii) whether any person is a permanent holder,
the State Government shall decide the question and such decision shall be final.
Provided that the State Government may authorise any officer to decide questions arising under any of the sub-clauses (i) , (ii) and (iii) and subject to an appeal to the State Government, his decision shall be final.
### 3. Abolition of Jagirs.
- Notwithstanding anything contained in any usage, grant, sanad, order, agreement of any law for the time being in force, on and from the appointed date,-
(i) all Jagirs shall be deemed to have been abolished;
(ii) save as expressly provided by or under the provisions of this Act, the right of a jagirdar to recover rent or assessment of land or to levy or recover any kind of tax, cess, fee, charge or any huk and the right of reversion or lapse, if any, vested in a jagirdar, and all other rights of a jagirdar or of any person legally subsisting on the said date, in respect of a jagir village as incidents of jagir shall be deemed to have been extinguished.
### 4. Liability of jagir villages for payment of land revenue.
- All jagir villages shall be liable to the payment of land revenue in accordance with the provisions of the Code and the rules made thereunder, and the provisions of the Code and the rules relating to unalienated lands shall apply to such villages:
Provided that nothing in this section shall be deemed to affect,-
(1) any devasthan inam or inams held for religious or charitable institutions, or
(2) inams held for service useful to Government.
[Explanation. - For the purposes of this section an inam held for religious or charitable institution means an inam granted or recognised as a grant by the ruling authority for the time being before merger for a religious or charitable institution and entered as such in the record maintained in this behalf in the Indian State concerned before merger.]
[This Explanation was added and shall be deemed always to have been added by Bombay 40 of 1956, Section 4.]
### 5. What persons to be occupants.
(1) In a proprietary jagir village,-
(a) in the case of Gharkhed land held by the jagirdar, such jagirdar,
(b) in the case of land other than Gharkhed land, which is in the actual possession of the jagirdar or in the possession of a person other than a permanent holder holding through or from the jagirdar, such jagirdar,
(c) in the case of Jiwai land held by a cadet of the jagirdar's family,-
(i) if such land is in the possession of the cadet and cultivated by him personally or is in the possession of a person other than a permanent holder, holding through or from the cadet, such cadet, and
(ii) if such land is held by a permanent holder, such permanent holder, and
(d) in the case of land held by a permanent holder, such permanent holder, shall be primarily liable to the State Government for the payment of land revenue due in respect of such land and shall be entitled to all the rights and shall be liable to all the obligations in respect of such land as an occupant under the Code or any other law for the time being in force:
Provided that in the case of land referred to in clause (b) or sub-clause (i) of clause (c), if the land is in the possession of a person holding through or from the jagirdar or cadet, as the case may be, on payment of rent to the jagirdar or cadet, such person shall be entitled to the rights of an occupant in respect of the land in his possession on payment in the prescribed manner to the jagirdar or the cadet, as the case may be, of the occupancy price equivalent to six multiples of the assessment fixed for such land:
[Provided further that subject to the provisions of sub-sections (1A) and (1B)]
[This portion was substituted for the words 'Provided further that' by Bombay 58 of 1959, Section 2(1) .]
the right conferred by the above proviso shall not be exercisable after a period of [six years]
[These words were substituted for the words 'four years' by Bombay 85 of 1958. Section 2.]
from the appointed date.
(1A)
Where in respect of any jagir village, the enforcement of the provisions of this Act is stayed in compliance with a stay order issued by a Court and the stay order is subsequently vacated, then in the case of any land in such jagir village referred to in clause (b) or sub-clause (i) of clause (c) of sub-section (1), the person entitled to be an occupant of such land in accordance with the provisos to that sub-section shall be deemed to have become the occupant of such land with effect from the date on which the stay order is issued, if
[(i) he has already paid the occupancy price in accordance with the first proviso to sub-section (1) before the issue of the stay order, or
(ii) the whole of such occupancy price is adjustable under sub-section (1B) against the amount of rent, if any, recovered or received from him by the jagirdar or the cadet during the operation of the stay order, or
(iii) he pays such occupancy price or the balance thereof remaining unpaid after the adjustment as provided in sub-section (1B), within a period of three months -
(a) from the date on which the stay order is vacated, or
(b) where the stay order was vacated before the commencement of the Bombay Merged Territories and Areas (Jagirs Abolition) (Amendment) Act, 1959, from the date of such commencement.
(1B)
If in respect of any land referred to in clause (b) , or sub-clause (i) of clause (c), of sub-section (1), the jagridar or as the case may be, the cadet has, during the operation of such stay order recovered or received any amount as rent from the person holding such land on payment of rent then the amount of rent so recovered or received shall, after deducting therefrom an amount equal to the assessment paid by the jagridar or cadet in respect of such land, be adjusted against the occupancy price payable by the person in accordance with the first proviso to sub-section (1) and the jagridar or, as the case may be, the cadet shall, within the prescribed period refund to such person the balance amount, if any, remaining after such adjustment. If the jagridar or cadet fails to refund the balance amount, it shall be recovered from him as an arrear of land revenue and paid to such person.]
[Sub-sections (1A) and (1B) were inserted by Bombay 58 of 1959, Section 2(2) .]
(2) In a non-proprietary jagir village,-
(a) in the case of Gharkhed land held by the jagirdar, such jagirdar,
(b) in the case of and held by a permanent holder, such permanent holder, and
(c) in the case of land in the possession of a person who was liable to pay rent to the jagirdar as an incident of the jagir tenure immediately before the appointed date, such person,
shall be primarily liable to the State Government for the payment of land revenue due in respect of such land and shall be entitled to all the rights and shall be liable to all the obligations in respect of such land as an occupant under the Code or any other law for the time being in force:
Provided that the person holding land as referred to in clause (c) , shall be entitled to the right of an occupant in respect of such land on payment to the State Government of the occupancy price equivalent to six multiples of the assessment fixed for such land:
Provided further that if such person fails to pay the occupancy price within the prescribed period, it shall be recoverable as arrears of land revenue.
(3) Nothing in this section shall be deemed to apply to a life-time Jiwai jagir.
### 6. What persons to be occupants in life-time Jiwai Jagir.
- In a life-time Jiwai jagir village,-
(a) in the case of Gharkhed land held by the jagirdar, such jagirdar,
(b) in the case of land held by a permanent holder, such permanent holder, and
(c) in the case of land in the possession of a person who was liable to pay rent to the jagirdar as an incident of the jagir tenure immediately before the appointed date, such person,
shall be primarily liable to the State Government for the payment of land revenue due in respect of such land and shall be entitled to all the rights and shall be liable to all the obligations in respect of such land as an occupant under the Code or any other law for the time being in force:
Provided that the person holding land as referred to in clause (c) shall be entitled to the right of an occupant in respect of such land on payment to the State Government of the occupancy price equivalent to six multiples of the assessment fixed for such land:
Provided further that if such person fails to pay the occupancy price within the prescribed period, it shall be recoverable as arrears of land revenue.
### 7. Rates of assessment.
- Until revenue surveys and settlements of land revenue of land in a jagir village are made under Chapters VIII and VIII-A of the Code, land revenue payable to the State Government in respect of any land under section 5 or 6 shall be paid at the rate at which the assessment in respect of such land was paid to the jagirdar immediately before the appointed date:
Provided that where in respect of any land no assessment is fixed or the rates of assessment fixed in respect of any land are, in the opinion of the State Government, not in conformity with the standard rates of assessment fixed under Chapter VIII-A of the Code in respect of other areas in the State, it shall be lawful for the State.Government to determine or revise, as the case may be, the rate of assessment in respect of such land having regard to such standard rates of assessment and the person liable to pay land revenue under section 5 or 6 shall pay land revenue at the rate so determined or revised.
### 8. All public roads, etc. situate in jagir villages to vest in Government.
- All public roads, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea arid of harbours, creeks below high water mark, and of rivers, streams, nalas, lakes, wells and tanks, and all canals and water Courses, and all standing and flowing water, all unbuilt village site lands, all waste lands and all uncultivated lands (excluding lands used for building or other non-agricultural purposes) which are situate within the limits of any jagir village, shall, except in so far as any rights of any person other than the jagirdar, may be established in or over the same and except as may otherwise be provided by any law for the time being in force, vest in and shall be deemed to be, with all rights in or over the same or appertaining thereto the property of the State Government and all rights held by a jagirdar in such property shall be deemed to have been extinguished and it shall be lawful for the Collector, subject to the general or special orders of the State Government, to dispose them of as he deems fit, subject always to the rights of way and other rights of the public or of individuals legally subsisting.
Explanation. - For the purposes of this section, land shall be deemed to be uncultivated if it has not been cultivated for a continuous period of three years immediately before the appointed date.
### 9. Right to trees.
- The rights to trees specially reserved under the Indian Forest Act, 1927, or any other law for the time being in force, except those the ownership of which has been transferred by the State Government under any contract, grant or law for the time being in force, shall vest in the State Government and nothing in this Act shall in any way affect the right of the State Government to apply the provisions of the Indian Forest Act, 1927, as in force in the [pre-Reorganisation State of Bombay, excluding the transferred territories]
[These words were substituted for the words 'State of Bombay' by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
to forests in a Jagir Village.
### 10. (Right to mines or mineral products)
(Repealed on and from 6th August 1985 by Maharashtra XVI of 1985, Section 15).
### 11. Compensation to jagirdar.
(1) In the case of a non-proprietary jagir, the jagirdar shall be entitled to compensation at the rate of three times the average of the amount of the land revenue received by or due to the jagirdar as an incident of jagir during the five years immediately before the appointed date.
(2) In the case of a proprietary jagir, in respect of land held by a permanent holder the jagirdar shall be entitled to compensation equivalent to three multiples of the assessment fixed for such land.
(3) Any jagirdar having any right or interest in any property referred to in section 8 shall, if he proves to the satisfaction of the Collector that he had any such right or interest, be entitled to compensation in the following manner, namely:-
(i) if the property in question is waste or uncultivated but is cultivable land, the amount of compensation shall not exceed three times the assessment of the land:
Provided that if the land has not been assessed the amount of compensation shall not exceed such amount of assessment as would be leviable in the same village on the same extent of similar land used for the same purpose;
(ii) if the property in question is land over which the public has been
enjoying or has acquired a right of way or any individual has any right of easement, the amount of compensation shall not exceed the amount of the annual assessment leviable in the village for uncultivated land in accordance with the rules made under the Code or if such rules do not provide for the levy of such assessment, such amount as in the opinion of the Collector shall be the market value of the right or interest held by the claimant;
(iii) if there are any trees or structures on the land, the amount of compensation shall be the market value of such trees or structures, as the case may be.
Explanation. - For the purposes of this section, the "market value" shall mean the value as estimated in accordance with the provisions of sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 1894, in so far as the said provisions may be applicable.
### 12. Compensation to life-time Jiwai Jagirdars.
- In the case of a life-time Jiwai jagir the jagirdar shall, for the abolition of all his rights In such jagir, be entitled to compensation at the rate of ten times the average of the amount of the land revenue received by or due to the jagirdar as an incident of the jagir tenure during the five years immediately before the appointed date and he shall not be entitled to any other compensation payable under this Act.
### 13. Methods of awarding compensation to jagirdar.
(1) Any jagirdar entitled to compensation under section 11 or 12 shall, [on or before the 31st day of July 1958]
[These words, figures and letters were substituted for the words 'within a period of two years from the appointed date' by Bombay 58 of 1958, Section 2. ]
apply in writing to the Collector for determining the amount of compensation payable to him under the said section.
(2) On receipt of an application under sub-section (1) the Collector shall, after making formal enquiry in the manner provided by the Code, make an award determining the amount of compensation. Where there is a co-sharer of a jagirdar claiming compensation, the Collector shall by his award apportion the compensation between the Jagirdar and the co-sharer.
### 14. Method of awarding compensation for abolition, etc., of rights of other person in property.
(1) If any person other than a jagirdar is aggrieved by the provisions of this Act as abolishing, extinguishing or modifying any of his rights to, or interest in property and if compensation for such abolition, extinguishment or modification has not been provided for in the provisions of this Act, such person may apply to the Collector for compensation.
(2) The application under sub-section (1) shall be made to the Collector in the prescribed form [on or before the 31st day of July 1958]
[These words, figures and letters were substituted for the words 'within a period of two years from the appointed date' by Bombay 58 of 1958, Section 2.]
. The Collector shall, after holding a formal inquiry in the manner provided by the Code, make an award determining the compensation in the manner and according to the method provided for in sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 1894.
### 15. Provisions of Land Acquisition Act, 1948, applicable to award.
- Every award made under section 13 or 14 shall be in the form prescribed in section 26 of the Land Acquisition Act, 1894, and the provisions of the said Act shall, so far as may be, apply to the making of such award.
### 16. Appeal against Collector's award.
- An appeal shall lie against an award of the Collector to the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1939, notwithstanding anything contained in the said Act.
### 17. Procedure before Revenue Tribunal.
(1) The Bombay Revenue Tribunal shall, after giving notice to the appellant and the State Government, decide the appeal and record its decision.
(2) In deciding an appeal under this Act the Bombay Revenue Tribunal shall exercise all the powers which a Court has and shall follow the same procedure which a Court follows in deciding appeals from the decree or order of an original Court under the Code of Civil Procedure, 1908.
### 18. Limitation.
- Every appeal made under this Act to the Bombay Revenue Tribunal shall be filed within a period of sixty days from the date of the award of the Collector. The provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, shall apply to the filing of such appeal.
### 19. Court-fees.
- Notwithstanding anything contained in the Court-fees Act, 1870, every appeal made under this Act to the Bombay Revenue Tribunal shall bear a court fee stamp of such value as may be prescribed.
### 20. Finality of award and decision of Revenue Tribunal.
- The award made by the Collector subject to an appeal to the Bombay Revenue Tribunal and the decision of the Bombay Revenue Tribunal on the appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court.
### 21. Inquiries and proceedings to be judicial proceedings.
- All inquiries and proceedings before the Collector and the Bombay Revenue Tribunal under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.
### 22. Amount of compensation to be payable in transferable bonds.
- The amount of compensation payable under the provisions of this Act shall be payable in transferable bonds carrying interest at the rate of three per cent per annum from the date of the issue of such bonds and shall be repayable during a period of twenty years from the date of the issue of such bonds by equated annual instalments of principal and interest. The bonds shall be of such denomination and shall be in such forms as may be prescribed.
### 23. Jagirdars to deliver records to authorised officers.
(1) Whenever an officer authorised by the State Government in this behalf so directs, a jagirdar shall deliver to him or such other officer as may be specified in the direction, the records relating to the jagir village maintained by the jagirdar.
(2) If the jagirdar fails without reasonable cause to deliver any such records, he shall, on conviction, be punished with fine which may extend to two hundred rupees. In the case of a continuing failure to deliver any such records the jagirdar shall be punished with an additional fine which may extend to twenty-five rupees for every day during which such failure continues after conviction for the first such failure.
### 23A. [ Liability of a jagirdar or cadet to pay to Government amounts recovered or received by him from permanent holders, etc. in certain cases and determination of such amount.
[This section was inserted by Bombay 8 of 1957, Section 2.]
(1) If in the case of any land in a jagir village of which any person other than the jagirdar or cadet of his family has become primarily liable to the State Government for the payment of land revenue under section 5 or 6 with effect from the appointed date, the jagirdar or as the case may be the cadet, has recovered or received from such person any amount as land revenue or rent of such land for any period after the appointed date, then such jagirdar or cadet shall pay to the State Government an amount equal to the amount of land revenue or rent so recovered or received, within a period of three months from the date of the coming into force of the Bombay Merged Territories and Areas (Jagirs Abolition) (Amendment) Act, 1957.
(1A)
(a) Where in the case of any land in a jagir village, of which any person other than the jagirdar or cadet of his family has become liable to the State Government for the payment of land revenue under section 5 or 6 with effect from the appointed date, but the enforcement of this Act having been stayed for any period in respect of such jagir village in compliance with a stay order issued in that behalf by a Court, the jagirdar or, as the case may be, the cadet has recovered or received from such person any amount as land revenue or rent of such land for any period between the appointed date and the date on which the stay order is vacated then such jagirdar or, as the case may be, such cadet shad, unless sub-section (1) applies to him, pay to the State Government an amount equal to the aggregate of the amount of land revenue or rent so recovered or received, within a period of three months-
[(i) from the date on which the stay order is vacated, or
(ii) where the stay order was vacated before the commencement of the Bombay Merged Territories and Areas (Jagirs Abolition) (Amendment) Act, 1959, from the date of such commencement.
(b) Nothing in clause (a) shall apply where such stay order was vacated before the commencement of the Bombay Merged Territories and Areas (Jagirs Abolition) (Amendment) Act, 1957.]
(2) If the jagirdar, or as the case may be the cadet, fails to pay to the State Government any amount payable by him under sub-section (1) [or sub-section (1A)]
[This portion was inserted by Bombay 58 of 1959, Section 3(2) .]
, such amount shall be recoverable from him as an arrear of land revenue.
(3) If the Mamlatdar, suo motu or on an application made to him by any person has reason to believe that in respect of any land in a jagir village within his local jurisdiction, the jagirdar or cadet has failed to pay to the State Government the amount payable by him under sub-section (1) [or sub-section (1A)]
[This portion was inserted by Bombay 58 of 1959, Section 3(2) .]
, he shall hold a summary inquiry in the manner provided in the Code and decide whether the jagirdar or cadet has failed to pay the amount to the State Government, and if so, determine the amount to be recovered from the jagirdar or cadet under sub-section (2) . The amount so determined shall thereupon be recovered accordingly.
(4) It shall be lawful for the Collector to deduct from the amount of compensation, which may be awarded to such jagirdar or cadet under section 11, 12 or 14 the amount payable by him to the State Government under this section.
(5) The amounts paid by, or recovered from a jagirdar or a cadet in accordance with the foregoing provisions shall be credited to the land revenue account of the persons from whom they had been received or recovered by the jagirdar or cadet.]
### 24. Provisions of Bombay LXVII of 1948 to government relations of landlord and tenants.
- Nothing in this Act shall in any way be deemed to affect the application of any of the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, to any jagir village or the mutual rights and obligations of a landlord and his tenants save in so far as the said provisions are not in any way inconsistent with the express provisions of this Act.
### 25. Rules.
- The State Government may, subject to the condition of previous publication make rules for the purposes of carrying out the provisions of this Act. Such rules shall when finally made be published in the Official Gazette.
### 26. Savings.
- Nothing in this Act shall affect the villages or group of villages the revenues of which are held in Saranjam by the holders of Feudatory Jahagirs in the merged State of Kolhapur.
Notifications
G.N., R.D., No. JHR-1054-67641, dated 14th July, 1954 (B.G., Part IV-B, page 939) - In exercise of the powers conferred under sub-section (3) of section 1 of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bombay XXXIX of 1954), the Government of Bombay is pleased to appoint 1st of August 1954 as the date on which the said Act shall come into force.
G.N., R.D., No. JHR-1055, dated 26th August, 1955 (B.G., Part IV-B, page 1643) - In exercise of the powers conferred by clause (iii) of sub-section (1)of section 2 of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bombay XXXIX of 1954), the Government of Bombay hereby appoints, to perform the functions and exercise the powers of a Collector under the said Act within their respective jurisdictions, the following officers, namely:-
(1) all Jagirs Abolition Officers appointed for the districts of Banaskantha, Sabarkantha, Baroda and Panchmahals in pursuance of Government Resolution, Revenue Department, No JHR 1055, dated the 1st June, 1955; and
(2) all Assistant and Deputy Collectors in the districts other than those specified in clause (1).
G.N., R.D., No. JHR-1058-L, dated 11th September, 1958 (B.G., Part IV-B, page 961) - In exercise of the powers conferred by clause (iii) of sub-section (1)of section 2 of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bombay XXXIX of 1954), the Government of Bombay hereby appoints the Additional Collectors of Boroda, Thana, Ratnagiri, Surat, Nasik, Poona, Sholapur and Ahmedabad Districts to perform the functions and exercise the powers of the Collector under the said Act, within their respective jurisdictions.
G.N., R.D., No. JHR-1056-M(Spl.), dated 5th April, 1956 (B.G., Part IV-B, page 536) - In exercise of the powers conferred by proviso to sub-section (4) of section 2 of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bombay XXXIX of 1954), the Government of Bombay hereby authorises Mamlatdars and Mahalkaris to decide the questions arising under clause (iii) of sub-section (4) of the said section 2.
G.N., R.D., No. JHR-1156-XIII/180070-L, dated 1st March, 1958 (B.G., Part IV-B, page 214) - In exercise of the powers conferred by the proviso to sub-section (4) of section 2 of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bombay XXXIX of 1954) the Government of Bombay hereby authorises the Assistant Collectors and the Deputy Collectors in all the districts except Sabarkantha, Banaskantha, Baroda and Panchmahals Districts of the pre-Reorganisation State of Bombay excluding the transferred territories to decide the question arising under clause (i) of sub-section (4) of the said section in respect of a jagir, the annual revenue of which was less than Rs. 5,000 prior to the coming into force of the said Act,
G.N., R.D., No. JHR-1054(b) , dated 29th July, 1954 (B.G., Part IV-B, page 1043) - In exercise of the powers conferred by the proviso the sub-section (4) of section 2 of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bombay XXXIX of 1954), the Government of Bombay is pleased to authorise the Officers specified in column 1 of the Schedule annexed hereto, to decide the question arising under the clause of sub-section (4) of the said section 2 specified against them in column 2 of the said Schedule.
Schedule
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| --- | --- | --- | --- |
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Designation of officers
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Clause of sub-section (4) of section
2
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Collector[of Additional Collector]
[Added by G.N. of 29-5-1958.]
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..
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..
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Clause (i) |
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Mamlatdar or Mahalkari
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..
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..
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Clause (ii) |
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Assistant or Deputy Collector
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..
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..
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Clause (iii) |
G.N., R.D., No. JHR-1054(c) , dated 29th July, 1954 (B.G., Part IV-B, page 1043) - In exercise of the powers conferred under sub-section(1) of section 23 of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bombay XXXIX of 1954), the Government of Bombay is pleased to authorize Assistant or Deputy Collectors and Mamlatdars for the purposes of sub-section (1) of the said section 23.
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65b9c749ab84c7eca86e9f2a | acts |
State of Madhya Pradesh - Act
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The M.P. Civil Services (Special Provisions for Appointment of Women) Rules, 1997
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MADHYA PRADESH
India
The M.P. Civil Services (Special Provisions for Appointment of Women) Rules, 1997
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Rule THE-M-P-CIVIL-SERVICES-SPECIAL-PROVISIONS-FOR-APPOINTMENT-OF-WOMEN-RULES-1997 of 1997
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* Published on 7 February 1997
* Commenced on 7 February 1997
The M.P. Civil Services (Special Provisions for Appointment of Women) Rules, 1997
Published vide Notification No. F. C-3-2-97-3-1, dated 7th February, 1997; Published in M.P. Rajpatra (Extraordinary) , at page 94
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of the Madhya Pradesh Civil Services (Special Provision for appointment of Women in the Public Services and Posts) Rules, 1996 issued vide General Administration Department Notification F.No. C-3-11-96-3-1, dated 1st November, 1996 published in the "Madhya Pradesh Gazette" Extraordinary, dated the 1st November, 1996, the Governor of Madhya Pradesh hereby makes the following rules relating to reservation of posts in direct recruitment for women in public service and posts in connection with the affairs of the State, namely :-
### 1. Short title and Commencement.
(1) These rules may be called The Madhya Pradesh Civil Services (Special Provision for appointment of Women) Rules, 1997.
(2) These rules shall come into force with effect from the date of their publication in the "Madhya Pradesh Gazette".
### 2. Scope and application.
- Without prejudice to the generality of the provisions contained in any service Rules, these rules shall apply to all persons to public service and posts in connection with the affairs of the State.
### 3. Reservation of posts for women.
- Notwithstanding anything contained in any service Rules, there shall be reserved thirty percent of all posts in the service under the State in favour of women at the stage of direct recruitment and the said reservation shall be horizontal and compartment-wise.
Explanation. - For the purposes of this rule "horizontal and compartment-wise reservation" means reservation in each category, namely, Scheduled Castes, Scheduled Tribes, Other Backward Classes and General.
### 4. Age relaxation.
- There shall be age relaxation of ten years for women candidates for direct appointment in all posts in the services under the State in addition to the upper age limit prescribed in any service rules or executive instructions.
### 5. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of these rules, it shall be referred to the State Government in the General Administration Department whose decision thereon shall be final.
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65b9b6efab84c7eca86e9b4e | acts |
State of Rajasthan - Act
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The Marwar Marriage Fund Administrations Act, 1961
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RAJASTHAN
India
The Marwar Marriage Fund Administrations Act, 1961
====================================================
Act 18 of 1961
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* Published on 5 June 1961
* Commenced on 5 June 1961
The Marwar Marriage Fund Administrations Act, 1961
Act
No. 18 of 1961
[Published in the Rajasthan Gazette, Extra ordinary, Part IV-A dated the 5th June, 1961]
Received the assent of the Governor on the 30th day of May, 1961
An Act to provide for the administration, regulation, management, operation and application of the Marwar Marriage Fund.
Be it enacted by the Rajasthan State Legislature in the Twelfth Year of the Republic of India as follows:-
### 1. Short title.
- This Act may be called the Marwar Marriage Fund Administration Act, 1961.
### 2. Definitions.
- In this Act, unless the subject or context otherwise requires,-
(i) "Collector" means the Collector of Jodhpur District in the State of Rajasthan, and
(ii) "Marriage Fund" means the Court of Wards and Hasiyat Marriage Fund, established by and in pursuance of Resolution No, 19 dated the 17th day of December, 1926, of the State Council of the former Jodhpur State, thereby repealing clause (d) of sub-section (1) of Section 19 of the Marwar Jagirdars Encumbered Estates Act, 1922 and enacting the court of Wards and Hasiyat Marriage Fund Rules, 1926.
### 3. Vesting and administration of Marriage Fund.
(1) The Marriage Fund shall vest in the State Government for the purpose specified in, and subject to the provisions of this Act.
(2) The administration of the Marriage Fund, subject to the direction and ultimate control of the State Government, vest in the Collector, who shall manage and operate the same in accordance with the provisions of this Act and the rules made thereunder.
(3) For the purpose of sub-section (2), the Collector shall, by the name of the Collector of Jodhpur District in the State of Rajasthan, be a corporation sole having perpetual succession, with power to enter into contracts, and shall as such be competent to sue and to be sued upon.
(4) The Collector shall cause to be kept and maintained the account of the Marriage Fund and in such Form as may be prescribed and such accounts shall be audited annually in the prescribed manner.
(5) With the sanction of the State Government, the Collector may employ such staff as he deems necessary for the due administration and proper management of the Marriage Fund and the expenditure incurred on such administration and management as well as the payment of the emoluments of such staff shall be charged upon the moneys of the Marriage Fund in priority to all other claims thereon.
### 4. Moneys due to Marriage Fund to be deemed as moneys due to Government.
(1) All moneys due to the Marriage Fund on any account whatsoever shall, for all purposes, be deemed always to have been due to the State Government and shall be accounted for accordingly.
(2) The Collector shall take early steps to recover such moneys by suit or otherwise as if they were Government dues, and all amounts reached for enforcing such recoveries shall be paid out of the Marriage Fund.
### 5. Application for Marriage Fund.
(1) Except as otherwise provided in this Act, the moneys of the Marriage Fund shall not be expended or advanced by way of loan or otherwise.
(2) With the approval of the State Government, the Collector may spend moneys out of the Marriage Fund to such educational and other charitable purposes and in such amounts as may be prescribed or as may be specified in each case.
Explanation. - The expression "charitable purposes" shall have the same meaning as is assigned to it by the Charitable Endowments Act. 1890 (Central Act 6 of 1890).
(4) There shall be constituted an advisory committee consisting of a person nominated by the State Government as Convenor and four persons as members to be appointed by the State Government from amongst former Jagirdars of the former Jodhpur State.
(5) The Advisory Committee shall meet at Jodhpur as often as may be necessary on its own motion or on the requisition of the collector, to advise latter as to the application and appropriation of the moneys of the Marriage Fund and as to the recovery of such of its moneys as are invested at the commencement of this Act in private loans or otherwise:
Provided that the moneys of the Marriage Fund shall not be so applied or appropriated by the Collector otherwise than in accordance with the provisions contained in sub-section (3) .
### 6. Power to make rules.
(1) The State Government may make rules for carrying out the purposes and provisions of this Act.
(2) All rules made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made such 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 thereunder.
### 7. Repeal.
- The Court of Wards and Hasiyat Marriage Fund Rules, 1926. enacted by Resolution No. 19, dated the 17th day of December, 1926. of the State Council of the former Jodhpur State, are hereby repealed but so far as may be, not so as to affect their previous operation.
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Subsets and Splits