1971.pdf - Legislative Department

-. - - -- . . ---- . . - , . . . . . . . : j l

, > . . . . , . .

. . . . . I The Appropriation (Railways) Vote on Account Act, 1971 I . . . . . . . . . .i, . $ 4 .

2 The Appropriation ailwa ways) Act, 1971 3 . . . . . . . - . , . ~ .,

,. ' 3 The Manipur ~ ~ ~ r o p r i a t i o n (vote on Account ) Act, 1971 . ' . 5

4 The Manipur Appropriation Act, 1971 8

5 The Appropriation Act, 1971 10 4 6 The Appropriation (Vote on Account) Act, 1971 I4

c % 4 . \ The Imports and Exports (Control) Amendment -----= Act, - - I971 .

" 7 ------ . 21 - .I

8 The Orissa Appropriation (Vote on Account) Act, 1971 22

. . . g The Orissa Appropriatioa ~ c t , 1971 26

TO The Mysore Appropriation (Vote 04 Account) Act, 19711 : , , . . 29

. . . . . 11 The Mysore Appropriation Ayt, 1971 ; 33 1 -12 The West Bengal Appropriation (Vary on Account) Act, 1971 36 I 13 The West Bengal Appropriation Act, 1971 .. 41

. . . 14 The Finance Act, 1971 , z ., . . ~ ' r . 45 . , .-i, 15 The State of Himachal I'radesh (Amend,ment) --. Act, 1971: . . , 51

- - ,- --- . ---c _.-_I-

- A t 16 The Labour Provident F w d Laws (Axqendmcnt,) Act, rg71 . --- -- _ _ _ J " + , -1 5,2

17 The General Insurance (Emergency Provisions) Act, 1971 6 I I . , f

18 The Manipur Appropriation (No. 2) A&, 1971 . 68 3 , , .<,

19 The Appropriation (Railways) No. 2 Act, 1g7r . 7 1

20 The Bengal Finance (Sales Tax) (Delhi Validation of Appointments and Proceedings) Act, 1971 . . . , . 73

21 The Gold (Control) ~ m e n d m e n t Act, 1971 . ' . . \ . ' 75

.$. 22 The S alarks- and A1lowaance~ of Officers of Parliament (Amendment) -

4 g 7 1 ----

.*- _-_- --- - 78

The Mysore State Legislature (Delegation of Powers) Act, I971 9 79

The Delhi Sikh Gurdwaras ( ~ a n a ~ e m e n t ) ' ~ c t , 1971 . * a . 81

25 The Punjab Appropriation Act, 1971 . " 87 I I

26 The Maintenance of Internal Security &E~t,&$r~.e>.:at~d: ii>c)i. h",dita .~&&IQ 91 1 \

i .*jl.,:.' ;<,j&pNAR',y;$-J

ii Contents . -- &a : s :+-a&&:: "** .a - - *

No. of Act

Short title Page

T h e M ysore Appropriation (No. 2) Act, 1971 98

The West Bengal Appropriation (No. 2) Act, 1971 I~O 2

The Gujarat Appropriation Act, 1971 107

The Appropriation (No. 2) Act, 1971 I17

The West Bengal State Legislature (Delegation of Powers) Act, 1971 . \ -aA- -- - =-- -- =-_-.-s-<l=-.---

125

The Finance (No. 2) Act, 1971 . I27

The Indian Telegraph (Amendment) Act, 1971 . =-\ I 78

The Medical Termination of Pregnancy Act, 1971 I79

The Gujarat State Legislature (Delegation of Powers) Act, 1971 . - - -- - .-. - 183

T h e Punjab State Legislature (Delegation of Powers) Act, I971 -- - _ _ ___I-_?_ -__- -.\---- 185

The Central Board of Direct Taxes (V~lidatioin of Proceedings) Act, I971 . 187 +-

T h e Appropriati'on (N6. 3) Act, 1971 . 188

The Agricultural Refinance Corporation '(Amendment) Act, I971 . 190

The Prevention of Food Adulteratibn (Amendment) Act, 1971 1 99 d d n b t d S e d 8

T h e Defencebf India Act, 1971 . zo I

The International Airports Authority Act, 1971 . 229

T h e Stamp and Excise Duties (Agendment) Act, 1971' . -_ ___ _ _ - - - ---_ I ._ 248

The Industrial Disputes (Amendment) Act, I= . _ -- - 250

The Railway Passenger Fares Act, 1971 6 . . \

...-.- , 253

The Tax on Postal Article$ Act, I _g----

25 7

T h e Inland Air Travel Tax Act, 1971 260 _C__-

T h e Air Corporations (Amenpmen~) .Acs- 1971 . ----- - - -- - 264

The Einetgendy Ris.ks~(Goods),I~su~ance ,Act, 1971 . 268

51 ' The Emergency Risks (Undertakings) Insurance Act, 1971 . c'

278

52 The Small Coins (Offences) Act, 1971 iiorr@cG@B; h~ h*b

&, 53 The ~ o i w a r d Contract8 (Regulation) Amendment Act, 1971 . - ---'L---.----- --- - - 292 -

-- -

54 The Coal Bearing Areas (Acquisition and Development) Amendment ,

and Validation Act, 1971 , 294

he Arms (Amendment) Act, 1971 . ~ ..-. ~ .----..- .--a, .. 4.. 55 ...-- ~ - L - ~ ~ -

298

wm' . .;., d'.... .... / - -.. . .. ,

No. of Short title Page Act -------- . . . . - . . . . . . . - . . .

-.-------_I_ - The Comptroller and Auditor General's (Duties, Powers and Gondi-

tions of Service) Act, 1971 . The Visva-Bharati (Amendment) Act, 1971 . The Appropriation (Railways) No. 3 Act, 1971 . The Naval and Aircraft Prize Act, 1971

The Appropriation (NO. 4) Act, 1971 . The Punjab Appropriation (No. 2) Act, 1971 . The Companies (Surcharge on Income-tax) Act, 1971 . The Jayanti Shipping Company (Acquisition of Shares) Act, 1971 . The Coking Coal Mines (Emergency Provisions) Act, 1971 . The Asian Refractories Limited (Acquisition of Undertaking) Act, 1971

The Essential Commodities (Amendment) Act, I971 . The Indicn Tariff (Amendment) Act, I E I , . + 6 7 ,. - 371

68 The Uttar Pradesh Cantonments (Control of Rent and Evictic.n) (Repeal) Act, 1971 372

69 The Prevention of Insults t o National qygqot~Af&&$:~ho L~~~~ wr 374

70 The Contempt of Courts Act, 1971 h"tI:orrw,n?te@: B ~ s , :nY.i& c:srrp* 375 71 The Delhi Road 'Transport Laws (Amendment) Act, 1971 . 384

72 The Industries (Development and Regulation) Amendment Act, 1971. 395

73 The Union Territories Taxation Laws (Amendment) Act, 1971 410

74 The Personal Injuries (Emergency Provisions) Amendment Act, 197 I 41 8

75 The Personal Injuries (Conlpensation Insurance) Amendment Act, I971 . 419

76 The Manipur (Hill Areas) District Councils Act, 1971 421

:+ 77 The Supreme Court Judges (Conditions of Service) Amendment -Act,1971 . -- --- -/ 439

4 78 The High Court Judges (Conditions of Service) Amendmeni Act, 1971 441 -iC;i_~,. --C+~ &-:. - =--il.*l ~ -.,---.- --.A~~-.sii'-----~. -- .- -I.I.-.

79 The Commissions of Inquiry (Amendment) Act, 1971 . 443

80 The Companies -- .- (Amendment) Act, 1971 . - - ____-- - 448

81 The North Eastern Areas (Reorganisation) Act, 1971 . 449

82 The Delhi Sikh Gurdwaras Act, I971 . 506

$ 83 The Governnlent of Union Territories (Amendment1 Act_, 1 3 7 ~ . _ _----_i_ 526

84 The North-Eastern Council Act, 1971 . 535 1

The Constitution (Twenty-fourth Amendment) Act, 197 I . 539

T h e Constitut,lon (Twenty-sixth Amendment) Act, 1971 . The Constitution'(Twenty-seventh Amendment) Act, 1971 .

TABLE SHOWING EFFECT O F PARLIAMENTARY LEGISLATION O F % ~ ~ I

Part I.-Cetttral Acts amended, repealed or otherwise affected n

p--

Year No. of NO. and section of Act Short title of Act How affected of 1971 Act by Act which affected

------- -----------------------------A-

1885 13 Indian Telegraph Act, 1885 . S. 6A inserted. 33, s. 2. S. 7 amended. Ibzd., s. 3. S. 29 omitted. Ibid, s. 4.

1898 6 Indian Post Office Act, 1898 First Schedule amended. 32, S. 52.

Indian Stamp Act, 1899 . S. 3AinsertedJw.e.f. 15-11-1971) 44, s. 2. S. 3B inserted in its application to 73, s. 2 and

Delhi, Manipur, Tripura, An- Schedule. daman and Nicobar Islands, Laccadive, Minicoy and Amin- divi Islands, Dadra and Nagar Haveli, Goa, Daman and Diu,

.. Pondicherry and Chandigarh (w.e.f. 1-1-1972).

1923 19 Official Secrets Act, I923 ' S. g'kimended (temporarily) 42,s. 6(1).

1934 2 Reserve Bank of India Act, 1934 : S. ZIA amended (w.e.f. 21-1-1972) 81, S. 72.

1934 22 Aircraf~ Act, 1934 Ss. 5, 8, and 13 amended 42, S. 6(2). (temporarily).

S. I 4 omitted (temporarily;k, 42, s. 6(2).

S. 5 amended (w.e.f. 1-2-1972) 43, s. 41. .

1934 32 Indian Tariff Act, 1934. - First Schedule amended. 32, S. 39 and Schedule 11.

First Schedule amended (w.e.f. 67, s. 2. I-171972).

1936 4 Payment of Wages Act, 1936. . s.7 amended (temporarily) 42, s. 6(3).

1939 4 Motor VeJicles Act, 1939 . . ~ o d i f i e d (temporarily) 42, S. 6(4).

Supplemeilted in its application 71, s. 7(c) and to Union territory ofDelhi Schedule 111. (w.e.f. 3-11-1971)

1944 I Central Excises and Salt Act, 1944 First Schedule amended. 32, S. 40.

First Schedule amended (w.e.f. 44, s. 3. 15-11-1971)

7 14 Industrial Disputes Act, 1947 a SZ. 2, z ~ F F F , 33, 36 and First 45, ss. 2, 4, 5, 6, Schedule amended (w.e.f. 7. 15-12-1971).

3947 18 . Tlre Imports and Exports (Co~ltrol) Act, Long title, preamble and s. 1 7, s. 2, , 3 . ' 1947.. amended.

1948 46 Coal Mines Provident Fund atid Bolitis Long title, Preamble, SS. i, z, jA, 16, ss. z , j , 4, 5, Schemes Act, 1948. 3 C, 5 and 8 amended 6,799, 10.

Ss. 3E, 3 F and Second Schedule Zbid., ss. 8, 11. inserted

Original Second Schedule re- Zbid., s. 11.

-. numbered 9

( " 1 *

vi Table showing e f f ec t of Parliamentary Legislation o f i g j i -

--. --------___I ---------------.-------- 9

Indian Tari f f (Amendment) Art; 1949 ssq and 5 amended Cw. e.f. 14, s.5 1-4-1971) ,

of the People Act, 1950 S . 27A hmended (w.r.f. 21-1-~972) 81, S . 13. Second Schedule amended. Ibid, s. .21. S. 27A amended (v1.e.f. date t o be 83, s. 14. nw ified

Road Transport Corporatiolls ~ c t , 1950 S , I amended ,(w e . f 3-1 1-1g71), 71 . g S. 47A amended (w.e.f. 21-1-1972) 81,'s. ;3

S . 19Ay I9B Chapter V I Ibid s. 7(a) and (ss. 49 t o 53) inserted i n Schodule. I. application to Union territory o f Delhi (w.e.f. 3-11- 1971)

1951 29 visva-Bharati Act, 1951 . - Ss. 19, 2 1 ~ 3 5 and 41 substituted 57, S S . 3 , 4 , 9, 11.

(w.e.f 3-11-1971)

Ss. Z2, 23, 28,30,36 and Statutes Ibid., ss.5,6,7,8, amended (w.e.f. 3-11-1971). 12.

Ss. 3, 18, 25 and 30 72,. am- S S . 2, 4 , 7 , 9. ended (w.e.f. 1-11-1971). Industries (Development and Regula-

t ion) Act, 195 I .

s s . I ~ A , I ~ A A , Chapters I I IAA, Ibid., S S . 3 , 5, 6, I I IAB, I I IAC (ss. I ~ F A t o 8 and 10. 18FJ39,2gD and Third Sche- dule inserted (w.e.f. 1-11-1971)

Repealied (w:e.f. 3-4-1972) 68, s. 2. Uttar Pradesh Cantonments (Control o f

Q n t and Eviction) Act, 1952. +

9 5 19 Employees' Provident Fund, Act, ' Long title, ss. I , 2, SA, SD, JE , 16 s s . 12y 13, 14y 1952. 7, 7 A , 8 , 10, 11, 13, 14, 14A, 15, 16, 17, 19,

17, 18, and 19 amended. 20, 21, 22, 23, 24, 25, 26, 27, 28,29.

! Ss. 6A, 6 3 and Schedule 111 in- Ibid., s ~ . 1 8 ~ 3 0 . serted.

I952 32 -Cogtempt o f Courts Act, 1952 . . Repealed

Ss. 2, sA , 6A , 8B , 8C and Ibid.,ss. 4, 8, 9, I O A Inserted. 12, I?. 1

S . 7 substituted. Ibid., s. 10.

Forward Contracts (Regulation) Act, 1952.

S. 2 amended (w.e.f. 11-10-1971). 53, S . 2.

I953 23 Salaries and Allowances o f Officers of . S. 3 Parl~ament Act, 1953. S . 5 amended.

I953 21 C o v ~ t r o l l e r alld Auditor General (Con- Repealed. dltlons of Service) Act , 1953.

I953 27 Air Corporations Act , 1953 ss. 4 , 5, 7 , 8~ 12, 35, 4 0 ~ 4 1 , 4 2 ~ 44 49, S S . 2, 3, 4, 5, 6, and 47 amended (w.e.f. 1-13- ~ g p ) . 8 ,9 , 10, 1 I ,

7 2 , 13.

15Ainserted (w.e.f . 1-12-1972). Ibid., S. 7., 1958

-- -- - - 1958

J

~ a ' b l e showing effect o f Parliamentary Legislation o f 1971 . -

vii - - --

-+ --.- ---- ----- --------------- ---------- I954 28 Court Judges (Conditions of Ser- Sa. z., 3, 5 and 9 amended (w.e.f. 78, ~ 8 . 2, 3, 4, vice)*Act, 1954. 15-1-1972). , 6.

S. 5A inserted (w.e.f. 15-1-1972). Ibid., S. 5.

I 1954 37 prevention of ~ 0 0 ~ Adulteration ~ c t , S .I amended (w.e.f. 26-1-~~72). 41, S,2. i ' 1954.

S. 2A inserted (w.e.f. 26-1-1972). Ibid.,~, 3.

- S. 2s amended in its application I b i d . , ~ . 4.

1 to Jammu and Kashmir (w.e.f. 26-1-1972).

I I I955 10 Essent:al Commodities Act, 1955 . Ss. 3, 5 and 12A amendr$. 66, ss. 2, 3, 5. I

1955 56 Manipur (Courts) Act, 1955 .

1956' ' I Companies Act, 1956 - . ,1956 31 Life Insurance Corporation Act, 1956

' t

1956' 37 States Reorganisation Act, 1956 .

Long title, ss. 2,16, 17, 18, 25 and 81, s. 76(a) and 43 amended (w.e.f 21 -1-1972). Ninth Schedule,

Chapter 11, ss. 19, 33,34, 35, 40 Ibid., s. 76(a) and and 46 omitted (w.e.f. 21-1-1972). Nlnth Schedule.

S. 23 substituted (w.P.~. 21-1-72). Ibid., s. 76(a) and Ninth Schc dule.

S. 293B inserted. (w.e.f. 3-12-1972) 80, S. 2.

S. 44 amended. ' 16, s. 31.

S. 15 and I6 amended (w.e.f. 81, s. 74. 21-1-1972).

I I I957; "0 CoalBearing Areas (Acquisition and Ss. 8. 9, I), 14 and 17 amended. 54, ss. 2,3,4, 5,

1 Development) Act, 1957. 6. S. 18A inserted.,

I Ibid., s. 7.

1957. 27 Wealth-tax Act, 1957 . . Ss. 4, 18,21 and Schedule am- 32, SS. 31,33, 34,

, / ended (w.e.f. 1-4-1972). gg 36.

. . Ss. 5 amended (partially Ibid., s. 32 w.e.f. 1-4-1963, qpartially t

w.e.f. 1-4-1972.) * c

S. 32 amended (w.e.f. 1-1-1972). Ibid. S. 35.

1957 S8 Additiqnal Duties of Excise (Goods of First Schednle amended. 32, S. 41. Specla1 Importance) Act, 1957

Delhi Mllnicipal Corporation ~ c t ,

Gift-tax Act, 1958 .

I957 Ss. 2, 9,369 39,423 44,50. 52,53, 71, 3 . 7(b! and 59, 6 ~ , 61, 62, 63, 64, 65, 66, Second Sche- 67, 68, 69, 70, 71, 81, 83, 90, dule. 92, 96, 99, 100, 101, 104, 106, 109, 110, 112, 115, 204, 208, 431,432,4333 438,440, 4423443,45Q, 462,4763 481, - 487J 499,500,504,509 and Second Schedllle amended (w.e.f. 3-11-1971).

4' Chypter XTV (ss. 287 to 297) and Ibid., s. 7(b) and

SS. 467, 468, 469, 470, 471, 472 Srcond Sclle- and 473 omitted (w.e.f. 3-11- dllle.

' 1971).

. Ss. 2 and 4 (w.e.f. 1-4-1972). 32, s. 37.

S. 5 amended (w.e.f. 1-4-1968). Ibid., s. 37.



27 Mineral Products (Additional nutics S. 3 amended. 32, S. 42. of Excise and Cltstoms) ~ c t , 1958

32 "ells Fremiwi (Eviction of Una,ala,- Repealed (w.e.f. rj-8-1971). 40, s. 19. r~sed Occllpnnts) A C ~ , 1958

viii Ta'ble showing effect of Parliamentary Legislation of 1971 - p-

I 2 3 4 5

----- ---- -.- -I-

a

1958 41 Su reme Court Judges (Conditions of Ss. 3, 9 and 24 anlcnded (w.e.f. 77, ss. 2, 6, 7. iervirc) ~ c t , 1958: 15-1-72 ).

S. gA inserted (w.e.f. 15-1-72). Ibld., s. 5. , 1'

S. 4 amended (w.e.f, 1-5-1958). Ibid., s. 3.

' , , I S $. 3 amended (partially w.e.f. ibid.;s. 4. , - - 17-~a-1958 and partially w.e;f.

, 5 > -

15-1-72).

I959 54 Arms Act, 1939. . .. . . S. 2 amended. 55, s. 2.

1961 25 Advocates Act, 1961 , . S. 3 amended (w.e.f. 21-1-1972), 81, s. 343).

S. 17 modified in respect df the Ibid., S. 34(4). roll of the Bar Co~~ncil of Assam, Nagaland, Meghalaya, Maniplir and Tripora.

~ 9 6 1 43 Income-tax Act, 1961 . -. . Ss. 2(~8), 2(26), 13, 67, 86 and 32, ss. 3(@, 3(c), 1g4A amended (w.e.f. 1-4-1971. 6, 13, 24, 26.

Second Schedule amended Ibid., s. 28. (w.e.f. 1-1-1972).

, S. 23oh amended (w. e. f. Ibid., s. 27.

1-10-1971)

s>. 16, j6, 4a, @A, 58, 8aA, 80C, Ibid., s's. 7, 8, 9, 801, 8oL 8aM,.8aMM, SON, 10, 12, 14-15, - .

- 1 8aP, 8a"f and Sixth Schedule 16, 17, 18, 19; . amended (w.e.f, 1-4-1972). 20,225 23,3Q.

S. I Q amended (parrially fetrmpec- Ibid., s. 4. tively ~artially w.e.f I-4-197a

1 5 and partially we.f. 1-4-1972).

S. IS amended (rettosprectively). , {bid., s.'j., *

C S. 2 (43R) inserted (w.e.f. 1-1-1972). 13id.. s. 3!d).

II S. ~ ( 1 7 ) siibstituted (w. e. f. Ibid., s. 3(a). 1-4-1971).

I r r SS. 54A and 235 omitted (w.e.f. Ibid., ss. 11, 28 1-4-1972).

Ss. 8oO and 115 substituted . Ibid., ss. 21, 25. (w.e.f. 1-4-1972).

~196r' 47 -Deposit-Iw~~rance Corporation Act, - S. 30 amended (w.e.f. 1-4-1971). 32, s. 63. - , . , 1961. . I ,

'. %t - t 1962 3 Uniou Duties 9fExeise (~iitribrgion) S, 2. amended (w.e.f. 15-11-1971). 44, s. 4.

Act,% 1962. ) I

2 .,, , , - t

I962 55 ~ a n i & r ' ( ~ a l e s ofJvi&rprl'sfijr$:aFd S. 3A inserted (w.e.f. 1-1-1972). 73, S. 2 and L~l$ri$a&ts) ~ { i ' a t i ? ~ , A& i962. Schednle.

)I - 1962 57 Delhi Motor vehicle; ax at ion Act, S. 3A inserted (w.e.f. I-I-IW"~). 739 s. 2 and

1962. Schedole. -, ,

1962 ' 59 ~er ronai 1njurks(~mergency ~rovisions) ~ s . r and 3 amcnded. 74. s. 2 and 3. Act, 1962.

1963 Ia Agriailtural Refinance Corporations Act, SS. 20 and 46A amended. 39, SS. 3,4. - , 1963. S. 2 amended (retrospectively). I'bid., s. 2.

1963 To , Government of Ufiioh Territmjes Act, Ss. 2 and 44 amended (w.e.f. 81, S. 75. I - . 1963: - - . - 21-1-1972).

1 , '

S. 52 omitted (1v.e.f. 21-1-;972). Ihid., 9. 75. ,. . - / ' ss. I, 2, 3, 2a, 33,38 and 44 am- 83, ss. 2,3,4, 5,

'.' C, ended (w.e.f. 16-2-1972). B,g,::. .

'Ss. 2;, 25 and 54 substituted Ibid., ST 6, 7, 12. (w.e.f. 16-2-1972).

'" . ~ ' . ~ ~ ~ k inscftted (w.e.f. 16-2-1972).' Ibid., s. ~ o i

37 -Personal Ini~iries (Compensation In- surance) Act, 1963.

7 Companies (Profits) Surtax Act, 1964.

47 Essential Cominodities (Amendment) Act, 1964.

24 Jayanti shipping Company (Taking Over of Management) Act, 1966. .

sg Cotton Textile ~ o k ~ a n i e s (Manage- ment of Undertakings 9nd Liqnida- tion or Reconstrilction) Act, 1967. . .

27 Civil Defence Act, 1968 . . ( I ,

45 Gold (Control) Act, 1968 ,

19 Finance Act, Ig7a . . . . 26 North-Eastern Council Act, 1970. . 53 State of Himachal Pradesh Act, 197a .

14 The Finance Act, 1971 ,

24 Delhi Sikh Gi~rdwaras (Mana~ement) Act, 1971.

Sk. 2, 3 and 8 amended. ' 75, Ss. 2, 3, 4. <

I I <

S. 18 amended (w.e.f. 1-1-1972). 32, S. 38.

Third Schedule substituted Ibid., s. 38. (w.e.f. 1-4-1972),

S. I an~inded. 66, s. 4.

Repealed (w.e.f. 17-ra-IY~I). 63, s. 18.

Repealed (w.e.f. I-11-1971). 72; s. 11.

SS. 3, 11 and 19 amended (tern- 42, s. 6(5). porarily).

Ss. 16A and 16B inserteh (tern- Ibid., s. 6(5). porarily).

S. 71 amended (partially retros- 21, s. 2. pectively, partially w.e.f.'zo-gL 1971).

S. 73 amended retrospective!^). Itid., s. 3. * \

S. 2 and First Schedule modified 14, s. 2. (w.e.f. 1-4-1971).

1 . ( I ' . , I '

Repealed (w.e.f. date to be notified). 84, s. 8.

Ss. 8 and 9 omitted (w.e.f.' 5-1-1971). 15, s. 2.

S. 17 amende? (w.e.f. ~ ~ r - 1 9 7 r ) . Ibid., s. 3.

S. 2 repealed (retrospectively). 32, s. 55.

Repealed (~1.e.f~ dateito M fioti- 82, s. 41. fied).

1971 26 ~a in t enance of Internal Security Act, Ss. I, 2, and'13 ame'nded (tem- 42, s 6(6). 1971. porarily).

S. 17A inserted (temporarily). Ibid., s. G(6).

3 I , \

Paart I1.-Central Ordinances Repealed F

-- _II-, .- 1 1 .

Year ',yo. of Short title of Ordinance How atieeted No. and section of of 0;di-] 1971 Act by

Ordi- nance which repealed nance

-- ----------- --------- ------- I 2 3 4 5 _- _.-_sl____- -ll__---------------- --------- 1971 -fl I State of Ilimachal Pradesh ( ~ n ~ & d - ' ' Repealed (w.e.f. 5-1-1971). 15, s. 4. t

ment) Qrdinance, 1971.

197: 3 7 abour Provident Fund Laws (Amend- Repealed. 16, S. 32: , ,

.$q ment) Ordinance, 1971. L FF

1971 1 " Aaintei~ance of Internal Security Ordi- Repealed. 26: S. 18. nance, 1971.

1 9 7 ~ 6 , ,General Insurapce (Emergehcy IJrovi- Repealed (w.e.f. 13-5-1971). 17, S. 17. sions) Ordinance, 1971. 1 , I I

-

. . 4 5

' , 7 . ~ e n ~ a l Finance ~ ~ d e s Tax) cD.elhi Vali- Rep-ealed. , . . QO: 's. 4.' dation bf Appointments and Proceed- ings) Ordinance, 1971.

- . . . . . , .

, Repealed (w.e.f. 2a-5-1971). 21, s. 6.

) Repealed (w.e.f. 20-5-1971). , 24, s. 20.. , , -!

1971 I I Forward Contracts (Regulation) Am- Repealed (w.e.f. I I-~a-1971). 53, s. 3. endment Q~diiiince, 1971.

1971 12 Coking Coal Mines (Emergency Pro- Repealed (w.e.f. 16-~a-1971). 64, s. 22. vkions) Ordihance, ~971.

I I 1971 13 Asian Refractories Limited (Acqiiisition Repealed (w.e.f. 17-~a-1971). 85, s. 11. of Undrrtaking) Ordinance, 1971.

1 1 1971 14 Jayanti Shipping Company (Ady~iisition Repealed (w.e.f. 17-10-1971). 63, s. 18.

I i of Shares) Ordinancc, 1971.

f i 1971 15 Small Coins (Offences) Ordinttnce, 1971. Repealed. 52, s. ID.

1971 16 ~ t a m ~ a n d ~ ~ c i k e buties (Amendment) Repealed (w.e.f. 15-1 1-1971). qq, s. 5. Ordinance, 1971.

I 1971 17 Railway Passenger Fares Ordinance, Repealed (w.e.f. 22-10-1971). 46, S. 8. 1971- 1 ' 1

, i I ,

1971 18 Tax on Postal Article? Ordinance, 1971. Repealed (w.e.f. r 5-1 1-1971). 47, s. 6. 1 ,

I I 1971 19 Inland Air TravelTax Ordinance, 1971. Repealed (w.e.f. 3-10-19/11. ' ,48, S. 9. i 1

I , I 1971 20 Indust~ies (Development and Regula- 'Repealed (w.e.f. 1-11-1971). 72, S. I I. tion) Amendment Ordinance, 1971. I , b I

1971 21 Delhi Road Transport Laws (Amend- Repealed (w.e.f. 3-11-1971). 71. s. 8. ren t ) Ordhanct?, 1971.

2 1 1

I / I 1971 22 ~isva-Bharati (Amendment) Ordinance, Repealed (w.e.f. 3-11-1971). 57, s. 14. 'r97i.

Part 111.-British Statintss in their application to India

Y a r No. of Statute Short title of the Statute I-Iow affected No. end section 8 I

1 3 ' - - -

1864 27 & 28 Vict., Ch. 25 Navhl Prize Act, 1864. Repealed 59, s. 19.

1864 Yaval Age~cy, zqq, ~btrib11,tion Act, 1864 . Repealed Ibid., s. 19.

1894 57 Clr 58 Vict., Ch. 39 Prize Courts Act, 1894 . . !Reperrled Ibid., s. 19.

1914 4 & 5 Geo. 5,Ch. I3 PrizeCoilrts(Proceda1e)~ct,1914 . . Repealed Ibid., s. 19.

1915 5 & 6 Geo. 5, Ch. 57 Prize Coiirts Act, 1915 . . Repealed Ibid., s. 19.,

1918 Naval Prize Act, 1918 + . Rcpezled Ibid , s. 19,

1939 2'& 3 Geo. G, Ch. 65 Prize Ad, i g j g . . Repealed Ibid., s. 19. . \

"- --

$@bi,q sh~w&q @ct, 05 P?rJig~ey~a~y,,k~g~~F~$io,n ofi 1971 xi Part IV,-Stale Acts in their atplicati~n to Uniqn territories amended

YePr 6f No. of Act Short title of Act How affected No, qnd section Act of I971 Act by

which aflec~e~!

\ ( . , I f , 2 3 4 > 5 , .

- - , ------ ---- I ! , I ,

/

CHANDIGARH

1939 Pllnjab I , Punjab Motar Spinit (Taxation S. jA inserted. - 73,,s. ,2 an4 %he- of Sales) Act, 1939 (in its ap- (w.e.f. 1-1-1972). dnle. plication to Chandigarh). I 1 1

1948 Pllnjab 461 '1 ;)I ~P~lnjab General Salts Tax. ,>Act, S. 'gA inserted 23, s. z,fiqd Sche- 1948 (in its applicatio~< to (*.e.f. t -1~~5g2) .

, , : > I

414F. Chandigarh).

I 1952 f flnjabdF6 . ' u' - , Puhjab Passengers and Goods S. 3.(l inserted1 1 71, '. z and Sche- Taxation Act, 1952 (in its ap- (w.e.f. 1-1-1972). dl 1 ~ . plication to Chandigarh).

1955 Pilnjab 16 . , Entertainment Duty Act, 1955 (in S. jA inserted 73, 2 a id &he- its application to Chandigarh). (w.e.f. 1-1-1973), d~kle. ,

DELHI

I937 u. p. 8 . U. P. Entertainment and Betting Ss. jA, IIA, I@ and 17A 73 2 and Sche- ,%y A~t ,~r83 .7 (in its, a ~ a k ;,in?erted (s.F.~. I-,I-&Q~?.). le. cation to Delhi).

" ' ,r I J I L I r

1941 Bengal 6 , , Bengal Finance (Sales-Tax) ' ~ c t , S. >AX inserted . 73, y ?nd Sche- 1941 (in its application to Delhi). (w.e.f. 1-1-1972). d 1 1 ~ .

a I 1 I I

I I , ' GOA, DAMAN AND D I U - 2 : , I t I I

1924 Pllnjab 4 . . Punjab Motor Vehicles Taxation S. 3A inserted 73, s 2 and Sche- Acf, 1924 (in its application to , (w.,$f. I-!-; 2

?7 ?;, dl 12. ' doa, Daman and'bnl). " ,

1964 Goa, Dam3n ?,nd G,oa, Daman and DiqEn~ert?,in- S. 3B inserted 73, s.2 and Syhe- Dill 2.- merit 'I'ai Act, 1g64. (w.e.f. I-I-,1972). duke. I ,

1964 Gdar5Qman a 4 ~ d Goa, Daman and Dill Sales Tax p. 7A inserted 73, s.% and Sche- 113 4. Act, 1964. (~.e:f . a-1-9972) , d u l e , l l ~ ~ ~ r ,

I t r

MANIPUR

1936 Assam g , . Assam Motor Vehicles Taxation S. 4A inserted. 73 s. 2 and Sche- Act, 1936 (in its application to (w.e.f. 1-1-1972). dule. Manipnr).

1939 Assam6 , . Assam Amllsements and Betting Ss. 3B, I ~ A and ISA in- 73, s. 2 and S,che- Tax Act, 1939 (in its application serted (w.e.f. 1-1-1972). dnle. to Manipur).

1947 'Assam 17 , Assam Sales Tax Act, 1947 (Tn S. gA inserted 73, S. 2 and Sche- its application to Manipar). (w.e.f. 1-1-1972). dule.

PONDICHERRY

1967 Pondicherry 5 Pondicherry Motor Vehicles S. 4A i~lscrted 73, s. 2 and Sche- Taxation Act, 1967. (w.e.f. 1-1-1972). dale.

1967 Pondicherry 6 . Pondicherry General Sales Tax S. SA inserted 73, S. 2 and Sche- Act, 1967. (w.e.f. 1-1-1972). dule.

TRIPURA

1922 Bengal 5 , , Bengal Amilsements Act, I922 S. 3A, I ~ A and 18A in- 73, a. 'a. and (in its application to Tripu~a). srrted (w.c.f. 1-1-1972). Schednle.

- P ' ' I , I i ' shbziring 'bf Parliamentary ' %kgis;tation of 197i I

xii ~ 2 r t V.-Constitution of India amended 8

:Articles and how affected I

No. and section of 1971 Act ,by which aff,ey$ed I I

3,'

J I 2 4

I I , 2

-, -

Articles 13, 368 amended . . Constitution (Twenty-fourth Amendment) Act, 1971, ss. 2 and 3.

Articles 291, 362 repealed . . . . Constitiltion (~wentys ix th Amendment) Act, 1971, S. 2.

I ~ ' r t ie le 363A inserted . . . Ibid., s. 3, I I S

1 I

, , 1

Article 366 amended' . Ibid., s. 4.

it-st'~chedllle, Fourth Schednle, Artiales 210,23gA, 81, ss. g, I a, 7n'and Schedule VIII. ,, 244, 244'A, 275, 332, 371B, Fifth Schedule, Sixth ,

j i

Schedille amended (w.e.f. 21-1-1972).

Articles q g A , 240 amended (w,e.f. 15-2-1972) , Constitiltion (Twenty-seventh* Amendment) Act, 1971, ss. 2,4.

t\,rticle z3gB inserted . Ibid., s. 3. <,< , I , \ I ) , l I

Article 371C inserted (w.e.f. 15-2-1972 ) Ibid., s. 5. r

Sixth Schednle amended (w. e. f. date to be notified) 83, s. 13.

I L I I - (

Part VI:-Ol'ders r~nder the,Constiterti~h'nf India and OrderS amended

Constitiltion (Schedilled Castes) Order, rg5a am- 81,:. 25(1) and Second Schedule. ended (w.e.f. 21-1-1972). , a 1 1 , 1 . b , . , /

i 1 t l I I

Constitiition (Scheduled Castes) (Union Territories) Ibid., s. 25(2) and Third Schedule. Order, 1951 amended (w.e.f. 21-1-1972).

f I ,

(:onstitntion (Scheduled Tribes) Order, 1950 amen- Ibid., s. 26(1) and Fourth Schedille. ded (w.e.f. 21-1-1972). ,

Constitution (Schedilled +ribes) (Union ~err i tor iesj bid., s. 26(2) and Fifth Schedtlle. Order, 1951 anended (w.e.f. 21-I-1972).

~ r i ~ i l r a ((hurts) Order, 1950 amended (4.e.f. bid., s. 76(b) and Tenth SkhCJAii~e. I , ' I I ' 21-1-1972).

1 1 %

Delimitation of Parliamentary a l i d ~ ~ s s p m b l ~ '-onstk Ibid. 8s. 140) aqd,za(~) and1First''sC'~e$!?fF~ 1 tilencies Order, 1966 amended (w.e.f. 21-1-1972).

THE APPROPRIATION (RAILWAYS) VOTE ON, ACCOUNT ACT, 1971

Np. 1 OF 1971 C-

I ,

[3oth March, 19711

An As!, to provide for t& withdrawal qS c$g$ph sggqq fpm and out of the Consolidateii Fund of ~ndia for the services of a

ayr of the financial , year 1971-72 far the purposes of Kaiiways.

BE it enacted by Parliament in the ~&ent~-second Year of the Republic of India as follow,s:-

1. This Act mqy be called the Appropriation (lja$yyayy),' Vote on Short ~ c c o u n t Act, 1971. title.

2. Erom and out of the Consolidated F w d of. ID&&! them may be g:'iil withdrawn sums not exceeding those specified in c o l ~ q 3, of q e , $?he- o f ~ a . dule amounting in the aggregate to the sum, of five h u n & ' n d f o r t - ~ ~ ~ " l o

three crores, twenty-four lakhs and, fifty-seven thousand rupgbes, toryyds and out of the defqaying the several chaxges which will come in course 051 payment Consou-

duying the financial yFar 1971-72, in respect of the"qryjSq;i~t?)?fing, to ra\ilw&s specified in columi 2 of the Schedule. India for

the flnan- cia1 year 1971-72.

3, The sums authoris-cd ,tp b e w i t h d g w q , , f r ~ v aqd, .o~$ qf the Clonsb *ppro- lidated Fund by this Act shall be appropriated for \he services an@ pur- priatlon.

pos?s e~pregged ip the S,ch94~& ,in relatiog,&tq, the said year.

Apfiroprjation (Aaiiways) Vote on Accouni

THE SCHEDULE (See sections 2 and 3)

--I -- I Rs. I Rs. 1 Rs.

7

No. of Vote

1 I Railway Board . . . . . 1 56,04,O@J 1 . . 1 56,04,000

2 Miscellaneous Expenditure . . . I 2,45,25,mo ( I,OO,OOO I 2,46,25,0X1

Services and p~lrposes

Payments to Worked Lines and Others . 4 1 Working Expenses-Administration . ( z8,65,3g,mo I 7,000 1 28,65,46,000

- Sums not exceeding

5 Working Expenses-Repairs and Mainte- I rune . . . . . 94>1sJ14y000 1

6 Working Expenses-Operating Staff . 60,62,84,000

Voted by Chargedon the Parliament Consolidated 1 Fund

I

Working Expenses-Operation (Fuel) . 156,66,26,~

- Total

Workipg Expenses-Operation other than Staff and Fuel . . . . 17~52,3S,ooo

Working Expenses-Miscellaneous Expen- ses. . . . 12~30a51,000

Working Expenses-Staff Welfare . 9,28,97,ooo

working Expenses-Ap ropriation to Depreciation Reserve gund . . gg,m,oo,coo

Working Expenses-Appropriation Pension Fund. .

Dividend to General Revenues . . 1 6.17~79yo

Open Line Works (Revenue) . . I 2,99,97,om

Open Line Works-Capital, Depreciation Reserve Fund and Development Fund 197,3g,oo,ooo 2,85,000 197,41,8~,00~

I6 P ensionkry Charges-Pension Fund . TOTAL . .

2,96,04,ooo

543,CQ,28,000

. . +

24,a9,000

2,96,04,0~0

543a24671ooo

THE APPROPRIATION (RAILWAYS) ACT, 1971

[30th March, 197iil

An Act to authorise payment and appropriation of certain further sums from and oilt of the Consolidated Fund of India for the service of the financial year 1970-71 for the purposes of Railways.

<

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

1. This Act may be called the Appropriatioh (Railways) ~ c t , 1971. Short title.

2. From and out of the Consolidated Fund of India there may be Issue of paid and applied sums not exceeding those specified in column 3 of the ~ ~ 9 , r a , o o o Schedule amounting in the aggregate to the sum of two crores, forty- outof nine lakhs and forty-six thousand rupees towards defraying the several the Con- charges which will come in course of payment during the financial year solidated

Fund of 1970-71, in respect of the services relating to railways specified in column India 2 of the Schedule. for the

financial I

year 1970-71.

I

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

I services and purposes expressed in the Schedule in relation to the said year. i

!

, 4 Appropiatiota (Railways) [ACT 2 OF 19711

THE SCHEDULE

(See sections 2 and 3) ! I - -- -- -- - 8.-

1

l 2 3

..-: * 8 .- $ ( .-- I

I I

I Sums No. , Services and purposes of

vote1

I

not exceeding I -..--

Charged on the Total

I

i ; d t G b y Parliament Consolidated Fund

o Workipg Expepses-Staff Welfare . . 1.i- ( , < < E l ,

t - 1

16,000 16,poo

Rs. Rs.

I 10,090 I0 ,OOO i

I 7,080 r7pdo

I I 3.23.000 1 3,33,000

I

42,000 i 42,000 i

! I I

i - - I 1

1 1 r I Ks.

2

4

5

6

7

8

I I

3 Open Line Works (Revenue) . , . . 6,000 6,000

Miscellaneous Expenditure . . . 1 . . wdrkihg ~~$&nke)s-~'blmih\'s\\$\ibfi . ' I b 8 c , . ~ o r k l n g $xpenses-~epalrs and Mainte-

ndnde . . .

r 13:04,6oo 'don5~iiktiofi tff &e:+ :~i?ies , . . I

' . . ..

Working Expenses-Operating Staff . . Working Expenjes-Operation (Fuel) . . . WorkingExpenses-Operation other than

Staff and Fuel . . .

. . irg,d4jooo , , a, p n $ku ine ~orksL~$$d;@ebr26iation i t t l

R@en+E Fahd and DC~el~pri ient Fund

.;6 $efi&iibGat;4, '~h&k~d-pehsio'n Gtma . . .

- r j

10;57rob6 ' I 0 , 5 7 @ ~

A U ., I . I ~ e c i y ~ e n of lo ns frog Gcnersl Reven- ixe h'n'd ~jhtC~~!kh&k~on-Devdlopmdnt Fund . . . . .

----- 2,4?,46,030 TOTAL . . I Z Y I I , ~ ~ J ~

75,fl,&o . . I 73, jk;obo

- 37,94,000

-- - ___9- -.---.

30:53~~00

i

3 4 5 3 ~ 0 ~ . .

, )

T H E MANIPUR APPROPRIATION (VOTE ON ACCOUNT) . . ACT, 1971

'" j; . - - b :

.. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . -. - . . . . . . . - . Np. 3 OF 1911 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , .

; . , . , . , . .

, c [30th March, 19711

A; Act to provide For the withdrawal of certain sums from and our ' of the Consolidated Fun4 of the Union territo'fy of Manipur for

the services of a ,part of the financial year 1971-72. BE i t enacted by Parliament in the Twenty-second Year of the

,Republic of India as follows: - 3

1. This Act may be called the Manipur Appropriation (Vote on Ac- Short ~ a ~ u . ~ t ) : qc t , .19~7a. title.

. . . . z';: . . ' " i . ' ' ; . . . ,: , : . , . :

y. 2: ~ ~ ~ f i i ' d d df .'the,' Consolidated Fund of, .the ufiidn t&fitory of With- &&anipar ther.e. may be .withdra;wn sums not exoeeding those s.p,ecified in drawal

,F;Q&&~ 3 ~f ;the Sch+dulq amounting in the aggregate toJbe .s.u.p of eight of RS.. 8,42,53,000 . .

crores,. fgrty-two la.khs and fift;y-three thousand rupees towards; $efi.ay- frdm and ;c,i;. :>. ' mg the Several charges which will come in course of paymkfit . . auring out of .thet.'$~ah&G#i year 1g7.1-72; . ' ' the solidated Con-

. . . . . . . . . . . . . . . . ...... , ... , . Fund of the Union

.. : . . ! . . : , i ,> , . . . . territory , . . . . . . . . . . . . ~ . . . .

,of NIani- . . . . . . . . . . . ,:,;)<;. '< . . . . r .,.,<, . * . , '. '. .A . : ; . pur for

the fin- . L , , . , ' % .... . . . . . . . . . , . + . ' . , . . : , . . i . . . . ancial _/;

. . .. '.. *- .. 8. ; , . year

. i . , i L ~ ~ . . , . , . . . . &, .. . . . . . . . , 1971-72. I . . .

;;: 3::~h; sum$ authorised to be withdrawn from -and out of the: c'onsoli- L-T-' Appro- ,i@tad Fund of the Uqim territory of Manipur by this Act shall be ap- priation. propriatOd for the service,?, purppses expresged in the schedule in ,,,c, A . < ; :.. + < . , . . ,

re'rjfi~n t o th4 said :year;' . . ......... ." i

. . ... .. : : . . , i .-. ?

2 , . ,:. - ,..... < :.:. L . 9 . . :

- . , ' L ! . . . . . . . . . . . . . . . A . . . . . . . . . .

. . . . : i . . , . ,.,.. , :' ,!. ? .

i .... >.... . : , i , i -* . ~. . . , . .

. . . .

. . . . '. . . . . . . . . . . . . . . . I . , , . , , , . ! . ,. . ~

. . . . . . . . . . ... <" , , ? . i . ,.:, 7. ':1,,J , , . , ,:!; .; ', , . .

\

6 Manipur Appropriation (Vote on Account) [ACT 31

THE SCHEDULE

( s e e sections 2 and 3)

I I i 2 3

No. of

vote Services and purposes

Land Revenue . , . . . State Excise . . . . . Taxes on Vehicles . ,

Sales Tax . . . . Other Taxes and Duties . . . Stamps . . Registration . . . Interest on Debt anb Other Obligations . Parliament, States and Union territories

Legislatures . . . . . General Administration . . . Administration of Justiqe . . . Jails . . . . Police . . . . . . .

Civil Supplies . . . I

Education . . . . . . Medical . . . Public Health . . . . . Agriculture and Fisheries . . . Animal Husbandry , . . . Co-operation . . Industries . . . . Community Development . . . Labour. . . . . . Statistics. . . . Irrigation. . . . Elctricity. . . Public Works (Original Works and Repairs)

Public Works (istablishmcnts) , , _I_

Sums not exceeding

Rs.

7,10,000

86,000

38,000

36,oao

1,000

Voted by Parliament

Rs.

. .

.. .

. .

. .

. .

. .

. .

Char ed on the Eonsoli- dated Fund

. , Total

OF 19711 Manipur Appropriation (Vote on Account) 7

NO. of

vote

/ 1 28

bgi

ja i

3t

32

33

34

' 35

36

3$'

38

39

' da

41

4

43

44

Services and purposes '

'Road Transport . . . Famin~ . . . . . . Pchsions and other Retitement Benefits . t , I ,

Stationery and Printing . . Forest . . . .

j: ~isc~l laneous . . Capital Outlay on Pnblic Health . . Capital Outiay oh Minor Irrigation . Capital OutlPy on Flood Control . ~ i ~ ~ t a l . 6 u t l a ~ on Electricity . . Capital Outlay on Roads . . ,Capital Qutlay on Bnildings . : Capital Outlay on Rord Transport .

Capital Outlay on State Trading . . Repayment of Loans . . . . Capital Outlay on Industries . Capital Outlay on Co-opention .

I. Loans and Advances . . . .

TOTAL . .

Total

Rs.

21,81,aao

17,000

4,22,OOO

2,~6,aao

5,93,0OO

1g,62,aaa

4,17,O00

2953,QOP

6,67,0oa

3 ~ ~ ~ 7 ~ o m

68,33,0aa

26,19,00o

~,W,OPO

29,b2,00~

36,73,000

3,33,000

69,000

I5,12,OOO

8,42,53,aao -

Sums -- Voted by Parliament

Rs.

21,81,cia0

17,QaO

4,22,000

2,56,000 .I

5 ~ 9 3 ~ ~ ~ 0

1g,62,oao

4,17,0OO

2,53,OOP

6,67,aoo

3 ~ ~ ~ 7 , 0 0 0

68,33,000

26,19,0~0

4,0a,000

2g,az,aaa

. . k33,a~a

69,oaa

I ~ , I ~ , o o ~

7,73,76,aoo

not exceeding

Charged on the Consoli- dated Fund

Rs.

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. . 36,73,000

. . . . . .

68177J000

THG MANIP~JR APPROPRIATION ACT, 1b7r Y

> I

No. 4 OF 1971 I

Ah Act to authorise Payment and appropriation of certain f y r a e r sums from and ~ u t ~f the Consol.idatiea I Eund,of , , t ; b ~ ( ~ U ~ i o n territory of Manipw , , for the services of the I financial, + , - r , , l k , &ear 1970'7 I. . ,

BE it enacted by Parliament in the Twenty-second Year I -. o f "the ~ e ~ u b l i c of India as follo&:-

r I , ' I* b

, 1. This Act may be called the Man&ur A~~rppl;i,?tjfln(Act, 1971. ,

Short ' 2. From and out of the Consolidated Fund of the Uhion .tepritory of title. Mianipur there may be paid and applied sums notce~ce~difigirt&~% speci- Issue of Rs. 2,94, fied in column 3 of the Schedule amounting in the agg;e,@te to the-sum 72,000 of two crores, ninety-four l a k b and seventy-tbo thousand* ?;peess to-

ib'hrds defraying the sdi;+ir$i charges which will come in t 'ohr~e'~of pay- Consoli- ment during the financial year 1970-71, in respedt of the .service~,sipep@ed dated Fund,oP ,j,l;l,~wlgmn 2 of the Schedyle. . , ' .P

the Union , ,,, A.

.r, territory of Mani- i! : . * L , * pur for the fin- , A > I 2 1 pr ancial year < 3. The sun~s autho~ised ;to be paid and applied fcow , a ~ d , gu$ ,of, the 1970-71. Appro- Consolidated Fund of the Union territory of Manipur by this Act shall priation. be appropriated for the, services and purposes expressed in the Schedule

ili 'relation to the said jreik. <

~ A O T 4 OF 19711 Manipur Appropriation 9

THE SCHEDULE

( s e e sections 2 ,and 3)

No. of

Vote

-- '

; ' J ~ J ~ * : J : . - ,: I

4 . t . & f

5

7

9 ' '* i'a ;

1-, , * ,

11 ' h j t . {

z2

: "I$ I t:; 12 "

15

16 * ' J18 b,, 9, k ,. , .-2a

21

23

24

25

26

27

28

, 30

31

32

33

36

38

44

" ' I *

Services and pllrposes

- , , ,

; i , t ~ , 1 ,

1 ' u I I c , . > ' I . '

Land Revenue . . . I C

Sales Tax a:!

0~h:r axes hA3 ~ u f i e s . Registration . I . Interest on Debt and,pther Obligations . General Administration . *~linidis'fratidh bfi~jlstice ; . ' .

,'A,:, < $ 5

Jails . . $ ! r ; ,

Police .~ . . . : ;Eivili k~llp$li&s 1 i . ( \ . .

4 , 3 .. , ( Education i 1 . . . Medical . . . P~lblic Health . . .

s J

Ift~sbkhdl'~ ' . tii . Tu. ' # : t / I I

:, ,!4~+?trif. ,.. . . Coinm~lnity Development . . Statistics , . . . Irrigation . • . . Electricity . . - . . . Pllblic Works (Original Works and Repairs)

Pllblic Works (Establishments) . ,

RoadTransport . . . . . Pensions and Other Retirement Benefits

Stationery and Printing . . . . Forest . . . . . Miscellaneous . . . . . Capital Outlay on Flood Control

Capital Outlay on Roads . . . Repayment of Loans . . . .

Loans and Advances . . . . TOTAL ,

Sums not exceeding

Rs.

28?9rzo

4,400 i ' 1 3a0

4,9M

. . 9,64,3a~

83,8s1a

1,85,aah

48,13,4aa

2,Iaa

3<,54,800

6,15,6aa

1,18,6aa

2,77,2QQ

4,77,3ha * r

2,86,aaa

1,a5,6aa

1,8a,aaa

~,ag,zaa

22,06,4aa

17,17,1aa

1,67,1aa

5,68,4QQ

29,aao

74,700

I,aa,aoo

z,aa,aaa

z9,aa,7aa

. . 28,55,QQa

226,25,8aa

-- Total

-

Voted by Parliament

Chargedon the Consoli- dated Fund

--- ---

Rs. 1 Rs. , L

, , ; ! . . . . . .

23,42,300

15,600

. .

. .

. . , . .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. . I,oa,ooo

. .

. .

. .

. . 95,500

. .

. . 44,90,800

. . 68,46,200

28,900

4,4m

3 00

4 , h a

21,42,3 00

9,79,9a a

83,8aa

1,85,000

48,13,4aa

2,100

35,54,8aa

6,15,6ba

1,18,6ao

2,77,2QQ

4,77,9da

2,86,aaa

1,ag,6aa

1,8a,oao

1,a5,zao

22,06,4aa

I ~ , I ~ , I ~ Q

1~67, I a0

5,68,4aa

29,aoa

74,700

1,95,5aa

2,aa,am

2g,aa,7ao

t 44,9a,8ao

28,55,aaa

z,g4,72,oaa

Short title.

THE APPROPRIATION ACT, ,1971

. r .

° - ' 1 I I [30th March, 19711

An A& to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the Mbcial year I 970-71.

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

Issue of Rs. 4J4.48, 62,000 out of the Con- solidated Fund of India for the year 1970-71.

Appfo- priation.

1. This Act may be called the Appropriation Act, 1971. I

2. From and out of the Consolidated Fund of India there mag be paid and applied sums not exceeding those specified in column 3 of the Sche- dule amounting in the aggregate to the sum of four hundred and fourteen crores, forty-eight lakhs and sixty-two thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1970-71, in respect of the services specified in column 2 of the Schedule.

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

[ACT 5 OF 19711 Appropriation

THE SCHEDULE

(See sections 2 and 3)

No. of

vote Services and purposes

Sums not exceeding

Voted by Charged on Parliament the Consoli- Total / dated Fund 1

I . Ministry of Defence' . . . . Rs.

2647, aoa

Rs.

26,47,aaa

I Defence Services, Effective-Army . . 1 1~,21,aa,~lo 1 . . 13,21,ao,aoa

Rs ,

. .

Defence Services, E f f e c t i v d i r Force ( 1),z3, QQ,QQQ / . . I 13,23,aa,ooa

6 Ministry of Education and Youth Services , I 1 2,9I,QM .. I 2,91,000 I

Education . . . Other Revenue Expenditure of the Ministry

of Education and Youth Scrvices . ,

Union Excise Duties . , . . , Taxes on Income including Corporation Tax,

etc. . .

1,000

. . 69,28, aoo

ga,oa,ow

21 I Mint . . . . . 1 69,15,aaa / . . 1 69,151QQQ I

Kolar Gold Mines , . . dther Revenue Expenditure of the Ministry

of Finance . . . Grants-in-Aid to State and Union Territory

Governments. . CHARGED-Interest On Deht and Other Obliga-

tions and Reduction or Avmdanoeof Debt. . C H A R G E D . - P ~ ~ ~ ~ ? ~ ~ ~ S of States' Share of

U&n Excise Duties . Ministry of Food, Agriculture, Community

Development and Co-operation . 3a 1: Apiculture . 1,000

I

32 1 Forest a .-. . Other Revenue Expenditure of the Ministry

of Food, Agricultl~re, Community Develop- ment and Co-operation . .

3 5 I Foreign Trade . . . I 3,27,1%aoa _C_*n_ - . - - - -

34 Ministry of Foreign Trade . 4,19,000 ( . . I 4,19,000 I I

12 Appropriation

No. of

Vote

Sums not exceeding Services and purposes

37

39

43

44

45

46

48

50

51

52

53

54

55

57

8

-

Ministry of Health and Family Plan- ning and Works, Housing and Urban

Development . . . Public Works . . Cabinet . . . . Administration of Justice . . Police . . . . Census . . . . . Privy Purses and Allowances of Indial

Rulers . . . . . Delhi . . . . . . Chandigarh . . . . . Andaman and Nicobar Islands. .

I Tribal Areas . Dadra and Nagar Haveli Area . . Lacckdive, Minicoy and Amindivi

Islands . Ministry of Industrial Development,

Internal Trade and Company Affair

Rs.

- Total

-

Voted by Parliament

60 '

61

62

68

74

76

77

73

81

84

Charged on the Con3olidated

Fund

Other Revenue Expenditure of the Ministry of Industrial Develop- ment, Internal Trade and Company Affairs .

Ministry of Information and Broad- casting . . .

Broadcasting . . L

Director General Mines Safety . Ministry of Petroleum and Chemicals

and Mines and Metals

Other Revenue Expenditure of the Ministry of Petroleum and Znemicai: and Mines and Metals .

Ministry of Shipping and Transport

Mercantile Marine . . Other Revenue Expenditure of the

Ministry of Shipping i n d Transport

Ministry of Supply . .

85 I Supplies and Disposals

91 Department of Atomic7Efnergy . 92 Other Revenue Expenditure of the I Department of Atomic Energy .

- - . .--

OF 19711 -- I

--

No: of Vote

-11

95

99

105

108

11 1 . ,

I 13

I14

'f I j~

116 b

I IS

I 19

Appropriation 13 -"--a--

3

.------ 2

Services and purposes

Pas-ts and Telegraphs-Working Expenses .

Department of Social Welfare.. . CHARGED.-Staff, HousehoM and

Allowances of the President

Defence Capital Outlay . . . Capital Outlay on Currency and

Coinage . . . . . Commuted Value of Pensions . Capital Outlay on Grants to State

Governments for Development . Loans and Advances by the Central

Governm*ent . . . Purchase of Foodgrains and Fertili-

I zers . . . . Other Capital outfay of the Ministry

of Food, Agriculture, Community Development and Co-operation .

Capital Outlay on Public Works . Delhi Capital Outlay .

Total

'-d--

Rs . 3,50,35,000

69,000

z,24,000

4,25~75~000

23,00,00,000

I,79,39,-

1,04,07~000

z,o6,~,oo,ooo

51,36,63,-

I6,73,000

7.78.000

1,000

2,06,80,000

1 ' 2592,000

Sums -

Voted by Parliament.

--- Rs .

3~50,35,000

69,000

. . 4,25,75,000

23,00,00,000

1,76,89,00?

1,04,07,000

q~,oo,oo,ooo

5 I ,26,oo,ooo

. .

. . 1,000

. .

z5,2z,ooo

not exceeding

Charged on the Consolidated

Fund

Rs . . .

I

. . 2,24,000

. .

. . ~ , S O , O O ~

. . r,6~,oo,oo,ooo

I0,63,000

16,73,000

7,788300

. . 2,06,80,000

. .

121 I Capital Outlay in Union Teriitoriea

1,000

. .

5,43,00,000

3,000

40,00,000 - Z , O I , O I , ~ I , O ~

I27

I28

I29

I34

136

137

/

a d Tribal Areas . . Capital Outlay of the Ministry of La-

bour, Employment and Rehabili- ' tation . . . Capital Outlay of the Ministry of 1;etro-

leum and Ch'emicals and Mines and Metals .

Capital Outlay on Roads . Other Capital Outlay of the Ministry

of Tourism and Civil Aviation . Capital Outlay on Posts and Tele-

graphs (not met from Revenue) . Other Capital Outlay of the Depart-

ment of Communications . TOTAL . .

. . I,SO,OOO

. .

. .

. . - 2,13,r~6,81,000 1

1 ,- 1,50,0oo

5 143 ~00,000

3,000

40,00,000 -- 4,14,48,62,000

THE APPROPRIATION (VOTE ON ACCOUNT) ACT, 1971

No. 6 OP 1971

An Act to provide for the withdrawal of certain sums from and m c & the Consolidated Fund of India for the services of a part of the financsal year 1971-72.


&

Short title.

1. Thin Act may be called the Appropriation (Vote bn Account) Act, 1971. I

I I I

Withdra- wal of Rs. 66.25. 43,70,00$ from qnd out of the Oon- solidated Fund of India for the financial year 1971-72.

Appro- priation.

Construc- tion of references to Minis- tries and De- partments in the Schedule.

2. From and out of the ~bnsolidated Fund of India there may be withdrawn sums not exceeding those specified in colurpn 3 of the Sched,ule 'amounting in the aggregate to the sum of six thousand six hundred and twenty-five crores, forty-three lakhs and seventy 4housand rupees towards defraying the several charges which will come in course of payment during the financial year 1971-72.

3. The sums authorised to be withdrafbn from and out' of the Conso- lidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the aid, ywr.

4. References to blinistries or Dcpartments in the Schedule are to sl.ich Ministries or Departments as existing immediately before the 19th March, r971 arid shall, on or after that date, be construed as keferences to the appropriate Ministries or Departments as reconstit~ted~from time to time,

ACT 6 OF 1g71j Appropriation (Vote on Accountj

T H E SCHEDULE

(See sections 2 and 3) -.

1

-- No. of Vote

I

2

3

4

5

6

7

2

-- -


.a

Ministry of Defence . . Defence Services, Effective-Army . Defence Services,Effective-Navy

Defence Services,Effective-Air Force

Defence Services, Non-effective . Ministry of Education and Youth

Services . Education

f 7 ~ 6 ! 2,000

2~08,84,000

1,62,~5,ooo

9a38~10y000

7,32r7brooo

6 ~ 2 9 ~ 0 ~ , 0 0 0

3,:8,17,00o

6,3647,000

6y69,4~,~oo

I,~~,SS,OOO

10,77,76;000

S~53~40;OOo

I,52~02,000

2,71,89,000

5,28,~3,000

6J~4y74,000

16,17,44,00 o

- -- 3

. .

. .

. . 2,000

. .

. . 17~000

175000

72,000

. . 17,76,000

. . . . .

. . I ~ , ~ O , O O O

1,000

. .

8 Archaeology -. * . b 70,62,00o

9 Survey of India . I . 1 2.08,84,000

10 Other Revenue Expenditure of the 1

Ministry of Education and Yowth

f Services . . ~1,62,1~,0oo

11 f External Affairs . . 9 , 3 t + , ~ 8 , ~ ~ ~

-----..-

------ Total,

3-+-

Rs.

40,60,000

2,7I,28,20,000

19,76,46~ooo

81,65,33,000

I5~76,67,000

41,66,000

24?39,47,000

-7-

Sums - Voted by Parliament

-7-

Rs.

. 40,60,000

2,71,25,33,ooo

19,76,33,000

81,6-j,oo,ooo

15,76,67,ooo

41,66,ooo

. 24,39,47,000

12

13

14

not exceeding ,


r

s Ks.

. . 2,87,000

13,006

33,000

. .

. .

. .

Other Revenue Expenditure of the Ministry of External Affairs ,

Ministry pf,Pinan~e . . Customs .

7,32,72,000

6,2g,08~000

3,18,00,0oo

6,36,30,000

6,68,70,000

1,62,55,000

10,60,0o,ooo

5~53~40~000

1,~2,02,000

2,71,89,000

5,15,63,ooo

6,1~,~3,ooo

16,17,44,0oo

1 5 ( Union Excise Duties . .

I6 I Taxes on Income including Corpora- tion Tax, etc. . ,

Stamps ' . . 18 I Audit . . .

Currency and Coinage . . :: 1 Mint . ,

21 , Kolar Gold Mines . 2,z

23

24 \

Pensions and Other Retirement Bene@te

Qpium Factories and Alkaloid Wonks

Other Revenue Expenditure of the Ministry of Finance . .

.- .< --. I

-- No.

of Vote

- 25

26

27

28

29

30

31

32

33

34

35

36

37 *< . h.38

39

40

41

42

43

44

---


------------- Grants-in-aid to State and U ~ Q ~

Territory Governments . . Miscellaneous Adjustments between

the Central, State and Union Territory Governments .

Pre-partition Payments . cHA~~E~.--I-nterest on ~ e b t and Other

Obligations and Reductidn or Avoid- ance oj Debt. ,

CHARGED.-Payments of States' Share of Union Excise Duties .

Ministry of Food, Agriculture, Com- munity Development and Co-operation . . .

Agriculture :

Payments to Indian Council of Agri- cultural Research

Forest . . . . Other Revenue Expenditure of the

Ministry .of Food, Agriculture, Community Development and Co- operation .

'Ministry of Foreign Trade . Foreign Trade . . Other Revenue Expenditure hof the

Ministry of Foreign Trade

Ministry of Health and Family Plan- ning and Works, Housing and Ur- ban Development .

Medical and Public Health . . Public Works . .

, Stationery and Printing . Other Revenue Expenditure of the

Ministry of Eeaith and Family Planning and Works, Housing and Urban Developmei~t .

Ministry of Home Affairs . Cabinet : .

) Department of Personnel .

Sums

- - Voted by Parliament

-- Rs.

1,93,47,86,0oo1

18,35~000

I 8,000

. .

. .

70,18,0oo

5,52~25,000

6,27,33,000

67,06,00o

15,59,I2:000

18,87,oo0

32,74,I5,000

2,56,53,000

27,09>000

9~04~03~000

15,19,69,000

5,28,72,000

I~09~90~000

f46,02,000

[ 28,22,000

I,39~94~000

82,000 '

45

46

25~48,52,000

3,62,84,000

1,46,8o,ooo

1 88,000 I

Administration of Justice . Police I . . Census . .

----P--.-.----,r--

not exceeding

Statistics . 48 Privy Purses and Allowallces of Indian 47 1

I Rulers , , , .

- - ~ ~ . _ _ _ Charged

,,the Consoli- dated Fund

A

Rs.

~3,09,50,000

. . 1,74,000

2,16,14,62,000

1,40,94,88,000

. .

. .

. .

3,00°

. .

. .

. .

. .

. . 12,42,000

. . ' . .

. . 2 , 3 3 j ~ 9 ' j ~ ~ 6

i

Totnl

--v-

Rs . 2,66,57,36,000

18,35,300

1,92~OCo

2,?6,14,62,0~0

, 1,40,94,88,000

7 0 ~ 1 8,000

5~52,25,400

6,27~33,mo

67,06,0co

I5,59,15,000

18,87,000

32,74,15,000

2,56,53,200

27,09,000

9~04~03,000

. 15,3291 1,000

2 5 , 4 8 j 5 2 J ~ ~ ~

3,62,84,000

I ,4618~,0~o

2r34iI7j000 I -- --

1,000 1 1,28,73,000

. .

. .

. .

. . IZ,Z~,OOO

I~09~90,ooo

46,02,ooo

28,22,000

1~33,94,000

13,10,000

Appro$riation ( v o t e on Account)

I

-

No. of

Vote

-

49

50

51

52

2 3 --- -

Sums not exceeding


Territorial and Political Pensions . ' Delhi . . . . .

Chandigarh . . . Andarnan and Nicobar Islands .

53 1 ~ i i b a l Areas , . . . I

54 1 Dadra and Nagar Haveli Area . I

Total

Rs . 9~43,000

I9,93,92,000

~ ,~O,OO,OOO

3,69,48,000

Voted by Parliament

Rs.

9 ~ 4 3 ~ ~ ~ ~

1g,82,~6,000

2,69,59,000

3,69,47,ooo

55

56

57

58

59

60

61

9,38,18,000

28,99,000

60,75,000

4 J 3 ~ , 1 8 ~ ~ O ~

25,81,000

1,95,96>000

30,12,000

5,24,82,000

10,79,000

5,48,3;,000

2,89~19,000

15,38,000

1,12,40,0oo

3,80,89,OOO

31~21,000

20~94~000

8,50,89Jooo

3,92,62,000

3,22,000

34~17POO

6.1 8,06,00o

- "----- -- ---a-

Charged on the Con- solidated

Fund

Rs.

. . 11,66,0oo

10,41,ooo

1,000

9,38,18,ooo

28,99,000

60,75,000

4,31,18,000

25,81,0oo

1~95~96,000

30,12,00o

5,2482,000

I0,79,000

5,48,3I,OOO

2,89,19,000

15,38,000

1,12,40,000

; 3,80,89,000

31,21,ooo

20,94,000

8,50~87~000

3,g2,48,000

3,22,000

34,17,000

6,18,06,ooo

Laccadive, Minicoy and Amindivi Islands . . .

Other Revenue Expenditure of the Ministry of Home Affairs .

Ministry of Industrial Development and Internal Trade . , .

Industries . . . . Salt . . . . . Other Revenue Expenditure of the

Ministry of Industrial Development and Internal Trade . .

Mi n l s q of Information and Broad- casting . . .

!

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. . 2,000

14,000

. .

. .

. . - ..--d-p..-.---.

62 Broadcasting . . I Other Revenue Expenditure of the

63 ( Ministry of Information and

64

65

56

67

68

69

70

71

72

73

Broadcasting . . . . Ministry of Irrigation and Power . Multi-purpose River Schemes . Other Revenue ~x~er id i tu re of the

Ministry of Irrigation and Power.

Ministry of Labour, Employment and Rehabilitation . . . .

Director Gqneral, Mines Safety . Labour and Employment

Expenditure on Displaced Persons . Other Revenue Expenditure of the

Ministry of Labour, Employment and Rehabilitation . , .

Ministry of Law . . . . Other Revenue Expenditure of the

Ministry of Law . , . _ , P I A _ , _ . .* ,-

. - -- - - - - - - > - . - -

I 8 Appropriation

I I 2

-I No. I Services and purposes of ' '

(Vote on Accountj [ACT 6

3

Vote

-

74

I

Ministry of Petroleum and Chemi- c a l ~ and Mines and Metals .

- , -

Total

Rs.

21,24,000

5,16,00,ooo

5,59,24,000

52,96,000

8,13,41,000

2,52,71,000

46,77,000

2,04,5I,OOO

9,14,0Oo

24,41,000

39,46~ooo

I,57,38,000

, J

15,50a000

* 8,65,000

1 ,72a55aOOO

5,96,06~000

97~3,5000

I2,00,000

17~85,70,000

6~8,000

I,58aIS,000

96,06,79,00o

5,60,46,000

15a57,OOO i II,49,000 I

28,08,00o

Sums

Voted by Parliament

Rs.

21,24,000

~ ~ I ~ ~ G O , O O O

5,59,14,000

52,96,000

8a13,38,000

2>52,69,000

46,77,000

2,04,51,ooo

9aI4,OOO

24,4I,OW

39,46,0oo

1,57,38,000

I5,5OaOOO

8,65,000

1,72,55,000

5,96,06,000

97a35,OOO

12,00,000

17,85,7o,ooo

6,38,000

1,58,11,ooo

96,06,76,000

5,60,46~00

15,57,000

II,49,000

28,08,00o

not exceeding


Rs.

. .

. .

I0,OOO

. . 3,000

~ ~ 0 0 0

. .

. .

. .

. . , . . . . . . . . . . .

. .

. .

. .

. . ' . .

3,000

. .

. .

. .

. . - -

75% Geological Survey . . .

76 1 Other Revenue Expenditure of the Ministry of Petroleum and Chemi- cals and Mines and Metals .

77 Ministry of Shipping and Transport

78 Roads I . 79 Mercantile Marine . .

,80 Lightxouses and Lightships . . 81 1 Other Revence Expenditure of the

I

82

83

84

85

86

87

88

89

go

91

92

93

94

95

96

97

98

99

- - - - -- - -

Ministry of Shipping and Transport

Ministry oP Steel and Heavy Engi- neering . - .

Other Revenue Expenditure of the Ministry of S tee1 and Heavy Engi-

' neering , . Ministry of Supply . . Supplies and Disposals

Other Revenue Expenditure of the Ministry of Supply . .

Ministry of Tourism and Civil Aviation

Meteorology . . . Aviation . . . . . Other Revenue Expenditure of the

Ministry ofTourism andcivil Avi- ation . .

Department of Atomic Energy . OtherRevenue Expeilditure of the De-

partment of Atomic Energy . Department of Communications . Overseas Communications Service . Posts and Telegraphs (Working Ex-

penses) . . Posts and Telegraphs-Dividend to

General Revenues, Appropriations to Reserve Funds and Repayments of Loans from General Revenues

Other Revenue Expenditure of the Department of Communications .

Department of Company Affairs ,

Other Revenue Expenditure of tlie Department of Company Affairs

>- - - - -

Appro1)riation (Vote on Accoutzt)

I I - No. n f

Vote

- IOO

101

102

103

104

105

106

107

108

109 i

I IO '

111

112

113

114

;15

116

$17

118

119

120

121

122

123

-- ---

2

Services ~ n d ptnposcs ,

- ~epar tment of Electronics . Department of Parliamentary Affairs

Department of Scientific and' In- dustrial Research .

Department of Social Welfare . Other Revenue Expenditure of the

Department of Social Welfare . Planning Commission . . ' . Lok Sabha

Rajya Sabha . CHARGED.-Sta ff, Household and Allow-

ances of the President

Secretariat of the Vice-president . CHARGED. --Union Public Service '

Cotnlrrission . Defence Capital Outlay . . Other Capital Outlay of the Ministry

of Defence . Capital Outlay of the Ministry of

Education and Youth Services . Capital Outlay on the India Security

Press . capital Outlay on Currency and Coin-

age - Capital Outlay on Mints . ciPital Outlay on Kolar Gold Mines

,C&ommuted Value of Pensions

Other Capital Outlay of the Ministry of Finance .

Capital Outlay on Grants to State Governments for Development .

Loaps and Advances by the Central Government . .

CWGED.--Repayment of Debt . Purchase of Foodgrains and pertili-

zer s . Othex Capital Outlay of the Ministry

of Pood, Agriculture, Community Development and Co-operation

Capital Outlay of the Ministry of Foreign Trade

Capital Outlay on Public Works .

3

Sums --

Votcd by Parliament

Rs. 43,94,wO

3,733000

7,40,58,000

8,o~,coo

1,94,39,000

54, I,O,ObO

g2,62,000

37,82,000

. . I,IS,OOO

. . 54,42,67,000

not exceeding i---.-

Cliargtd on the Conso- lidated Fund

Rs. . . . . . . . . . . . .

31,000

X?,ooo

15,97,000

. .

1,53,33,000

48,18,o00

21,03,000

3,55,42,000

9,61,00o

45,55,000

3,83,73,000 i

Total

--- Rs. 43,94,000

3,73,000

7,40,58,000

8,05,00o

1,94,39,000

54,IO,OOO

92,93,000

38,10,0oo

15,97,000

I,I~,OOO

1 37,76,000

37'76'000 1 54,46,oo,ooo

3'33'000 I a . j .1,53,33r000

. .

. .

. . . . . .

84,000

48,18,000

21,03,000

3,55,42,000

g,61,ooo

45,55,000

3,84,57,000

2,23,97,000 2,23,97,000

9,64,67,ooo

. .

. .

2,63,71,04,000

. . ,

41,12,21,000

20,87,95,000

1,62,93,ooo

3,5~,67,000

I 9.64>67i000 3,5g,55,68,000

41,84,I7,33,000

34,000

33,000

6,23,26,72,000

41,84,17,33,000

41,12,55,000

20,88,28,000 I

. . I 1,62,93,000

~ ~ O O , O O O 3,56,67,000 I

2 0 Appr oprz'atz'o~n (Vote on Account) [ACT 6 OF ~g'jri]

I

-- No. of Vote

I24

2


-- Delhi Capital Outlay , . .

3

Othet Capital Outlay of the Ministry of Health and Family Planning and

Works, Housing and Urban Deve- lopment .. . .

I Capital Outlay in Union Territories

and Tribal Areas . I27

128

.-

e

Total

Rs.

2,30,00,000

7~73,01,000

9,29,43,000

68,33,000

- 2~03170,000

2,74,84000

3,92988,0~~

7,50,07,000

2~52~53,000

27,02,71,000

18,56,39,000

3,67,06,000

4~5I,64,000

7,62,15,000

4,46,43,ooo

4,52,27,000

21,71,71,ooo

29,35~00,000

61,34,000

66,25r43,74000

--- Sums

-. - Voted by Parliament

Rs.

2,23,34,000

7r73,oI,ooo

, 8,59,76,000

68,33,000

2,03,70,000

2,74,80,000

3,92,88,000

7,50,07,000

2,52,53,000

27,02,71,000

18,55,72,000

3 J 6 5 ~ 4 ~ ~ O ~ ~

4 J 5 1 ~ 6 4 ~ ~ ~ ~

7,62,15,000

4~45376,000

4,52,27,000

2~~7I,7I,oOO

29,35,00,000

61,27,ooo

16,46,91,16,ooo 3

Other Cap,ital Outlay of the Ministry of Home Affairs . .

Capital Outlay of the Ministry of Industrial Development and Internal Trade . .

not exceeding


Rs.

6,66,000

. .

69,67,000

. .

. .

. . I

. .

. .

. .

. . 67,000

1,66,ooo

. .

. . 67,000

. .

. .

. .

7,000

49,78~2r54rooo

I29 1 Capital Outlay of the Ministry of Information and Broadcasting .

Capital Outlay on Multi-purpose River Schemes . .

I 31 / Other Capital Outlay of the Ministry of Irrigation and Power . .

132 1 Capital Outlay of the Minis_ of Labour, Employment and Rehabi- litation . .

I

Capital Outlay of the Ministry of I Petroleum and Chemicals-and Mines

1.34

135

136 '

137

138

139

140

141

142

and Metals . . . . Capital Outlay on Roads . Capital Outlay on Ports . .

1 ' Other Capital Outlay of the Ministry

of Shipping and Transport . Capital Outlay of the Ministry of Steel

and Heavy Engineering . . . Capital Outlay on Aviation . . Other Capital Outlay of the Ministry

of Tourism and Civil Aviation . Ca ital Outlay of the Department of

xtomic Energy . . Capital Ougay on Posts and Telegraphs

, (Not met from Revenue)r . . Other Capital Outlay of the Depart-

i ment of 'Communications . . I TOTAL . . . .

,

THE IMPORTS AND EXPORTS (CONTROL) AMENDMENT ACT, 1971

Ma: 7 OF: IQ71

[3oth Match, 19711

end the Imporcs and, Expor

ent in the Twenty-socu

e Imports and Exports ment Act, 1971.

).

18 of 1947. 2. In the Imports an rts (Control) Act, 1947 (herein&$kr' re: Amend- ferred to as the princip in the long title and preamble, thd words g$t$le "to, oontinue for a, limi d powers" shall be omitted. 1 a and pream-

ble.

'3; In secction 1: ofs pal Act, in sub-section (3) , the &i~il~.. Arne, mentor Aguresc a& leaters " main in1 force, until the? 31st day of sectih,l;

[30th March, 19711

. . b An Ai.t.~f& :p~~vid,$-Jf~r: ilie bitlidr.&f(jf &ttdih khrii# !f*om;ahd; but of the Comolidated Fund of theiStatei'of Orissa for the services of a ,part of the financial year 1971-72. . .

. i ! - , .

: i s . '.'ii i . . . : . ; : , . . .,. v , . . :: . " BE e&ited, by +ar-fa&nt in&6 ' T ~ ~ ~ ~ , S ; - ' + ~ ~ $ ~ , - J Pear, of tke . ~ < $ ~ b -

.,. , : i : , , ; ; ,,;. ; ; .:j:! ;:.: , ; i s , , : I . , . , : lic of India as follows: -

: . . , , , ,

short 1. This Act may be called the Orissa Appropriation (vote ~ c c o u n t j "

title. ,;4,i>.i 45$, l?g!,. ..,.. . ;, . . 7. < $,:-!; .. . <. ,!..ji . ,. . !,<., :" ::' ',) ~ a . . L , , , : ,.,. ". ' \ ! 1 < :, ' : , , ... ' > , '

5 . . ,. . I< , . ,. ' . . . .: : l t :.: i. c . . : .. . , ::. , , I ! I . . , . , . , . . , , : , , . , 1 . I . . . , , r .%.- ,., . , , . , ' ! : . . 9 . w?iK;. :, !,,,!:, , . 2. From a n d i ~ ~ ~ : ~ f ; ' t h e C6nsolidated'~&d of :the St&fe Of; O p ~ ~ s ~ mep&

..I. ; ... . drawal may be withdrawn sums not exceeding those specified in column 3 of the of Rs;;!tll~~ii si&idale * ghOafitlng.! ?the;, aggi-egate $0 'the sum: ;of;. s$x@&ns: ;cr~tes, 81,ol 'flob;:!,~;

i s :?( :;_.;.,,. eightyidne Jl4gh.s &nd! lj;m thousand rupees: towards! idef raying *,;seye@: f roin and out charges which will c'ome in course of payment::during @he;fin+n,eal ;j?q

- .

of the 1971-72. -s Consoli-

dated Fund of the State of Orissa for the financial year -

1971-72. . ,

J I

Appro- 3. The sums authorised to be withdrawn from and out of the Con- ' .. 1 Piation. solidated Fund of the State of Orissa by this Act shall be approprjsted

for the services'and purposes expressed in the Schedule in relation to the, said year,

i

22. '

. . l+*!.i , j,. :

kcl. 6 OF 1971j Orissa Appropriatwn (Vote on rkcoun t ) 73 \

THE SCHEDULE ,


I - No. of vote

--

I

--- * ' 2 ,

I


r - a I % %fpq ' ;rx: W>W< I Ig . .

A.-Expenditure met from Revenue ?

EleCtions and Other Expenditure! relating to ; the Home Department .

x

.

l 3

4

3

6

7

8

g

10

11

11-A

12

13

14

15

16

17

17-A

18

19

20

--

Total 1 '

. -- Rs.

r34,52,000

\

Sums --- Voted

.b Y Parliament

t

Rs.

30,30,0001

. . . Police . . . . Expenditure relating to the Planning and Co-

ordination Department . Community Development Projects, etc. . Expenditure relating to the Political and

Services Department . . Cultural Affairs . . Stamps . . . Ministers, Civil Secretariat and Other Ex-

penditure relating to the Finance Depart- ment , .

Pensions . ' . a

Expenditure relating to the, ducati ion ' De- partment . .

Text Book Press . . Taxation . , . Lahd Revenue . . . . Exase . . . Registration . . District Administration and Other Expendi-

ture relating to the Revenue Department

Expenditure relating to the Industries De- partment . . .

Mines . . . Civil and Sessions Courts and Other Expen

d i m e relating to the Law Department . Government Press and Other Expenditure

relating to the Commerce Department

1-abour, Employment and Housing , -- ---

#30,00,ooo

2,45,OO,CQO

S,~~,OO,OOO

1,80,73,000 ,

17,33,000

6,oo,ooo

2,00,000

1 , . 86,06,00o

r~46,49,000

6,oo,oo,ooo

~o,op,ooo.

28,80,~~0

I~O,OO,OOO

12,00,000

' 6,00,000

81,oo,ooo

I,30,00,000

I3W',@33

30,52,000

45,00,000

I ~ V Q O , ~ ~

. i m

3 '

not exceeding

Charged on the

Consolidated Fund

i r , , >

Rs. 1

4~22,000

30,00,CQO

2,45~oo,OOo

I,44,00&"'0

. 1,80,73,ooo

16,1g,ooo

6,oo,ooo

~,CQ,OOO

, , 83,79,ooo

46,343000

I

6,oo,oo,ooo

IO,OO,OOO

28,8o,ooo

1,40300,-

I~,OQ,OOO

6,oo,000

81,oo,ooo

1,30P,OOO

13,oo,ooo

zo,52,ooo

45,00,000

~g,oo,ooo .-.

. .

, . . L J

. . I

Iy14,000

. .

. .

' 1 , , I ,

2,27,000

15,odo

. .

. . i

. .

. .

. .

. .

. +

. . I . .

. .

. .

. . .-.

I

% Vote

Sums not exceeding -- Voted by Charged Parliament o n the Total

Consolidated Fund - ---

RS . R.s . Rs.

Tribal taindrJ$vai J:W\elfare . 1 1,35,00,000 1 . / 1,3~,00,000

Medical and other Expenditure relating to -the.-health-and-~amily. PRanningDepart- ~ m e n t . . . . 1 1,90,00,000 1 . . ( 1,90,00,000

Public1 Health . . . . . 1 1$3&pOUPOo I . . I 1,36,00,0oo

Irrigation . . . . ( .1f,92,2b000 I :25000 ( 11&2,24,000

Spait: 'Legislature. . . . . ( 6,1o,ooo I ZZ,OOO I 6,32,00o

Public ,Works, Comrdon Establishment . I 72,53,000 I . . 1 72,.53,000

,Electricity Schemes . . . . 1 40,00,000 1 . . 1 ~~O,OO,OOO

.Thxes on Vehicles . . . 7368,000 / 7,68,000 I Transport Schemes . . . . I .1-,02,36,000

~ o r e s t s . . . . . ( I ~ ~ , O O , O O O 1 2,000 I 1,30,02,000

32 1 Fisheries . - - 1 351982000 1 . . 1 35,98,000

33 / Co-operation and Marketing . . 1 54,222000 I . . I 54,22,000

34 I Expenditure relating to the Urban '.~lopment~Department . 1,33,00,000

I . . 1 I,33,00,000

39 1 ports. . . . . 1 1,20,000 1 . . ( 1,20,000

Aihimal Husbandry . . . Public Relations and Tourism . . Agriculture . . . . SupplyDepartment; . . . .

I interest on Debt and Other Oblieotions . ~ . O ~ O O . O O O / 2,00,~0,000

Appropriation for Reduction or avoidance of Debt. . . . .

I ,00,00,000

15139,000

2,07,66,000

24,82,000

41 >.Loans to Local Funds; Govennment Ser- vants etc. 33,00,000 33,00,000

Compensation for Abolition,of. Zamindaei System and Other Expenditure rMating to the Revenue Depamment . . 1 x6,00jooo 1 . . I 16.00~ooo

. .

. .

. .

. .

Multi-purpose River, Irrigation and Ele- 43 / ctricity Schemes . ~,OO,OO,OOO ( . . ( 8,oo,oo,ooo

1~00,00,000

15,395000

2,07,66,000

24,82,000

44 1 Agricultural Improvement and Research . I 6o,oo,ooo I . . 1 60,00,ooo

45 ( Government Trading Schemes . . I r,oo,oo,ooO I . . ( 2,Oo,W,ooo

Oi; 1 4 ~ 1 j ~ r k . s a Appropriation ( v o t e a ~ccou t z r ) 25

-- - ------ Sums not exceeding

No. of

Vote

-- 46

47

48

49

50

51

s2

s3

5Q'

5 5

56

L ,

,, s7 ,

60

61

62 *

-

Services and purboses

Rs . . . Road and Water Transport Schemes .

C'apital Expenditure relating to Public Health and Urban Development De- partment .

CapXa1 O,utlay, on Industrial Development

Hirakud Dgm Project. . . . Capital Outlay on Ports . Capital Expenditure relating to the Labour

Employment and Housing Department.

Capital Expenditure relating to the Edu- cation Department .

Capital Expenditure relating to Home De- ~partment .

Capital Outlay on Forests ,

Share Ca~ital Contribution and Loans to Eo-operative Organisations .

Capital Expenditure relating to Planning and Co-'ordination Department .

Capital Expenditure relating to Apimal Husbandry Department . .

Capital Expenditute relating to the Grams J Phhchayat Department .

Capital Outlay on Public Works . . Capital Expenditure relating to the Min-

ing and Geology Department . Capital Expenditure relating to Tribal - and Rural!Welfare Department . Permanent Debt (Repayment) . . Floating Debt (Repayment) . Loans from the Central Government (Re-

payment) . . . Other Loans (Repayment) .

TOTAL-B. . GRAND TOTAL . .

--

---- Rs.

10,00,000

% - / Voted by Parliament

Rs . IO,OO,OOO

40,00,000

8o,oo,ooo

2,03,000

4 ,oo,000

I s,oo,ooo

15,b0,000

2,00,000

2,00,00,000

30,00,000

81,67,00o

I ,oo,ooo

50,000

1,46,14,000

25,00,000

I S,OO,OOO

. .

. .

. .

. . 17,76,34,000

56,71,68,000

Charged on the

Consolidated Fund

-

Total

THE ORISSA APPROPRIATION ACT, 1971

[3Oth March, 19711

An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of Orism for the services of the financial year 1970-71.


Short title. Issus a£ Rs. 0,45, 08,200 from and out of the Conso- lidated Fund of the State of Orissa for the Wancia: year 1970-71.

Appro- priation.

1. This Act may be called the Orissa Appropriatilon Act, 1971.

2. Frorc an6 out of the Consolidated Fund of the State of Orissa there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate (inclusive of the sums specified in column 3 of the Schedule to the Order made by the President on the 8th day of March, 1971 under article 357 of the Constitution and published with the notification of the Government of India in the Ministry of Fin- ance No. S.O. 1033 of the said date) to the sum of nine crores, forty-five Iakhs, eight thousand ~ n d two hundred rupees towards defraying the several charges which vvill come in course of payment during the financial year 19710-71 in respect of the services specified in column 2 of the Sche- dule.

j

3. The sums authorised to be paid and applied from and out of the ConsoIidated Fund of the State of Orissa by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said gear.

ACT OF 19711 Orissa Appropriation 27

TI-IE SCHEDULE

. . (See sections 2 and 3)

No. ~f

Vote

--

I

3

4

5'

7

10

11

11-A

I3

I4

16

17

17-A'

19

21

22

23

24

25

26

27

28

29

30 -


---- A.-Expenditure met from Revenue

Elections and Other Expenditure relating totheHomeDepartment . .

Police . . .

-

Total

Rs.

23,46,400

500

Sums not exceeding

I,IS,r7WCJ

68,19,200

T'JO

I3r8oa700

19,000

200

29,78,200

100

1,300

300

I,00,000

2,32,100_

300

17,34,300

1400

79,89,800

16,34,000

I ~ O S , ~ O O

8,65,100

200

1,30~700

30,11a60o -__-

Voted by Parliament

- Rs.

23~6,600

500

Charged on thc Consoli- dated Fund -

Rs .

29,800

. .

. .

. .

. .

. .

16,100

. . 1,000

. .

700

1

I Expenditure relating to the Planning and Coordination Department . . I,IS,I7,000

Community Development Projects, etc. . 68,19,200

Cultural Afffairs . . . 1 100

Pensions . . . . Expenditure relating .to the Education

Department . . Text Book Press . Land Revenue . . . . EJxcise . . . District Administration and Other Expend i-

y r e relating to the Revenue Department . Expenditure relating to the Industries

13386,700

2,900

200

29,77,-

100

600

Department , . , . h@'eS . . • . . . Government Press and 0,ther Expenditure

relating to the Commerce Department . Tribal and Rural Welfare . Medical and Other Expendimre rel'adng to the Health and Family Planning Department

Public Health . . . . Irrigation . Public Works . State Legislature .

'"Public Works, Common Establishment . ElectrTEty Schemes . Taxes on Vehicles

Transport Schemes . . . -.- - -- -,----1' ,

3 0 0 , , 1,00~OOO

2,32,100

300

17~34,300

400

79,62,800

15~38,700

gxsooo

I 8,56,100

200

Ia30,700

. .

. .

. .

. . 1,000

27,00°

95300

14,800

9,000

. .

. . 3 O a I o a ~ 1 b6uo

,a. . -- .

28 Orissa Appropriation [ACT 9 ~ 0 ~ 19711, -- -

I I 2 I 3

31 1 Forests . . . . . . , 1 ' '3a00a000 1 , / 3aW*m

-- No.

of Vote

--

33 Co-operation and M'arketing . . .

- Services and purp'dses --

Consolidated Fund

Rs. Rs. Rs.

34 Expenditure relating to the Urban Development Department . . . . .

35 Animal Husbandry . . . . . 37 ' Agriculture . . . . . . .

I Interest on Debt and Othcr Obligatiom . . I .. I 4001 loo

I ~ p ~ r i a t i o n for Reduction or Avoidance of Debt

TOTAL-A . . . B.-Other Expenditure

40 41 42

43 - - - - - - - - -- - Schemes . .

Agricultural imprdvemeI;t and ~ e s e k c h . . Government Trading Schemes

. . . . 55 Share Capital Contribution and LO& to &-ol;era-

tive Or anisations . 1 2Z,5ga000 . (22kj2am 58 Capital Expenditure relatihg tb th; G i k a - I

7183,800

5~?7*57J00

. . I 71~93,800 I

Community Development Projects . . Loans to Local Funds, Government Servants, &. Compensation for Abolition of Zamindari System

and Other Expenditure relating to the Revenue Department .

Multi-purpose ~iv'er, ~ k m t i d n and'~le&n'tv

46 ' 47

48 49 53 54

I Panchayat Department . . . . 1 I 0 0 , 1 , a . I 100

4,33,60,000 --

. . Road and Water Transport Schemes Capital Expenditure relating to Public ~ekth,aAd

Urban Development Department .

59 1 Capital Expenditure relating to Health Department I 41~78~~00 I . 1 , , 4 1 , 7 8 ~

73,979100

79,200 100

14a6397W

I Capital Outlay on Industrial Development . 36,03,300 Hirakud Dam Project 5a00am Capital Expenditure relating t i ~ o i e ~epar tmknt 1~00,000 Capital Outlay on Forests . u. IO.OO.OOO

I so I Capital Outlay on Public Works . . . ( 60,889m 1 76.5ob 1 ?ra65.4m

. . . .

. .

. . a . . . .

I Permanent Debt (Repayment) . . . I . . I 'SaOOaOOO I ,25,00,-

79,200 100

1'4:63,7~

36903r300 5a00a000 I,ooa000

62

. . ~'ib:oo.ooo '

Capital Expenditure relating to Tribal and Rural Welfare Department . .

/ Loans frmn the Cefityal Govemnte~t (Repayment)

i TOTAL-B . . . . GRAND TOTAL . .

I

. . I 6.$93r6op I

3,47,3490,0 90aI628~0

'.,633933600, -- 4aj)7,5IaIO+O --

7980a94a300 1a64a13a90~. ,9a45908,200

T H E MYSORE APPROPRIATION (VOTE O N ACCOUNT) ACT, 1971

No. 10 [OF 1971

[30th March, 19711

An Act to provide for the withdrawal of certain sums from and out of the Consolidared Fund of the Stare of Mysorc for the services of a part of the financial year 1971-72.

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

1. This Act may be called the Mysore Appropriation (Vote on Ac- short count) Act, 1971. title.

2. From and out of the Consolidated Fund of the State of Mysore With- there may be withdrawn sums not exceeding those specified in colurnn 3 drawal of

Rs 181 of the Schedule amounting in the aggregate to the sum of one hundred ll:05:0& , and eighty-one crones, eleven lakhs and five thousand rupees towards from and defraying the several charges which will come in course of payment Outo f the

Consoli- during the fipancial year 1971-72. dated

Fund of the Stnto of Mysore for the financial year 1971-72.

3. The sums authorised to be withdrawn from and out of the Appro- Consolidated Fund of the State of Mysore by this Act shall be appro-

priation.

priated for the services pnd purposes gxpregqgd in the Schedule in relation t~ the said yeay,

Mysore Appropriation (Vote on Account) [ACT 10 Y

THESCHEDULE

(See sections 2 and 3) ! i 8 r "

No. 1 of

Vote Services and purposes '

Sums not exceeding - - ' -

Voted Charged on the Conso- I Parliament lidated Fund Total

--

I Taxes on Income Other than Corporation Tax . . .

1 Land Revenue . . . . 3 1 State Excise Duties , . ,. . .

Taxes on Vehicles . . . I 6 ( Other Taxes end Duties . . . 1 7 Stamps ' . . . .

Registration Fees . . . Interest on Debt and Other Obligations . Appropriation for Reduciion or Avoidance of Debt .

Rs. I Rs. I Rs.

9

$0

Parliament, Statelunion Territory Legislature . . I 37.07,lOo 1 384500 1 17,46,000

General Administration . . . . 1,80,45,000 5,8I,500 ( 1,86,26~500

I

1 2

I 3

I 4

IS

16

20 1 Agriculture . . . 1 4,16*32,500 1 3,500 1 4,16,36,000

Administration of Justice . . . . . . Jails . . . . . . Police . . . . n

Supplies and Disposals . . . . . Miscellaneous Departments . . . . 82,87,000

Scientific Departments . Is,S5,000

I7

18

Education . . . - 18,94,34,500 33,000 18,94,67,500

Medical, Public Health and Family Planning . : . 1 6,50~76,000 1 8,500 1 6,50,841500

24 ( Industries . . . . . . I 5,30,07,5OO I 1,000 1 5,30,08,500

63,56600

36,22,000

??31,93~500

1~16,500

21

22

23

27 / Miscellaneou~ Social and Developmental Organisationa / 3,24,36,500 I -500 1 3,24,37,000

10,65,000

500

, , 10,ooo

s t ),5ooc

Rural Development . . . . . Animal Husbandry . . i , . - Co-operation . .

25

26

74,2I,SoO

36,22,500

3,32,03,500

1,17,000

87y08,000

90,65,500

1,20,67,000

Community Development Projects, National Extension Service and Local Development Works . .

Labour and Employment .

. • 500 '

3, $0

1,88,0g,500

47,74600

87,08,000

go,66,000

1,20,70,5oo

1,000 1,88,10,500

1,500 I 47,76,~0

OF 19?1] ~ y s o r e Approp~ia t ion ( v o t e o n Account) 3 I .-

I I - No. of

Vote

29

30

3oB

31

31A

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

3

- - Sums not exceeding --

Voted Charged on the Consoli-

Parliament dated Fund b y [ I 1----- --

2

---


--

Irrigation, Navigation, Embankment and Drainage Works (Commercial) .

Irrigation, Navigation, Embankment and Drainage Works (Non-Commercial) . .

Ca ital Outlay on Irrigation, Navigation, Embankment and &rainage Works. . .

Public Works . Capital Outlay on Public Works . . Ports and Pilotage . . Famine Relief . . Pensions and Other Retirement Benefits . . Territorial and Political Pensions . Privy Purses and Allowances of Indian Rulers . Stationery and Printing

Forest. . . Miscellaneous . . Commutation of Pensions .

Other Miscellaneous Compensations and Assignments . Payment of Compensation to Landholders, etc., on theSAboli-

tion of Zamindari System .

Capital Outlay on Improvement of Public Health . . Capital Outlay on Industrial and Economic Development .

Capital Outlay on Irrigation, Navigation, Embankment and Drainage Works (Commercial) . .

Capital Outlay on Irrigation, Navigation, Embankment and Drainage Works (Non-Commercial) , .

Rs.

4,73,52,000

1,39,B9,000

16,65,500

1,67,000

I4,fiO,ooo

9,72,000

Rs . . .

b

33,500

. .

. .

. . 76,000

47

48

50

5oA

51

52

Rs.

4,73,52,OOC

Capital Outlay on Electricity Schemes .

1937,989500

87,00,00o

12,41,21,0oo

1,70,84,000

4,30,500

I,I9,69,000

1,85,93,500

72,500

38,500

56,35,500

2,85,15,000

4,08,98,00o

9,64,500

64,83>500

8,08,500

39147~000

3,40=30a500

9,81,16,500

31a33,500

8,33,500

1,37,95,000

87,00,000

I2,40,54,500

1,70,83,500

4~30,500

1,19,69,000

1,77,34,&

48,500

5,-

56,35,000

2,84,86,500

4,08,91,500

9,64,500

59,83,500

8,08,500

39,47,000

3,40,80,500

9,79,50,000

31,33~500 I

8,33,500

Capital Outlay on Public Works . . Capital Outlay on Ports . . . Capital Outlay on Road and Water Transport Schemes .

Capital Outlay on Forests . . . . Payment of Commuted Value of Pensions . .

3,500

. . 66,500

500

. .

. . 8,59600

24,000

33,500

5-00

28,500

6,500

. . 5,00,000

. .

. .

. .

1,66,500

. .

. .

1,38,95,500

16,65,500

1,67,000

I4,00,-

8,96,000

!;* ( Vote

Services and pilrposcs Sums not exceeding

Capital Oi~tlay on Schemes of govern me^ Trading . . . .

Public Debt-Repayment . . Inter- State Settlements . . .

1

Loans and Advances by State/Union Terri- tory Governments . 8,11,87,~0 / . . 1 8,11,87,0aa

I Rs. 1 Rs. 1 Rs.

WE MYSOLIE APPROPRIAT~ON ACT, 1971

No. 11 OF 1971

I - [30th March, 19711

An Act to authorise payment and _appropriation of certain further sums from and out of the Consolidated Fund of the State of Mysore for the services of the fina~lcial year 1970-71.

BE it enacted by Parliament in' the Twenty-second Year of. the '

Republic of India as follows :-

1. This Act may be called the Mysore Appropriation Act, 1971. Short title.

2. From and out of the Consolidated Fund of the State of Mysore there g;.ue of may be paid and applied sums not exceeding those specified in column 3 39,50,46, of the Schedule amounting in the aggregate to the sum of thirty-nine 508

crores, fifty lakhs, forty-six thousand, five hundred and eight rupees from and towards defraying the several charges which will come in course of pay- yc: &.,- ment during the financial year 1970-71, in respect of the services specified solldated in column 2 of the Schedule. Fund of

the State of Mysore fo r the financial year

I 1970-71.

3. The sums authorised to be paid and applied from and 6ut of the ~ p ~ r o p r z - Consolidated Fund of the State of Mysore by this Act shall be appro- priafed for the services and purposes expressed in the Schedule in relation to the said year.

r 1 ,I THE SCHEDULE

< (See sections 2 and 3)

I I Sums not exceeding

No. 1 Services and purposes I I I --

of vote I I Voted I Charged on ! / the'c<nsoli- / Total / Parkitnent dated Fund

State Excise Duties . . . Sales Tax Administration ,

Other Taxes and Duties .' ,

Stamps . . . . . Legislature and Elections . General Administration . Administration of Justice . Police . Education . . q .

Medical and Public Health . . . . . . Agriculture . Animal Husbandry . Industries . . . Labour and Employment . Miscellaneous Social and Developmental Organisations a

Irrigation (Commercial) . . . . . Electricity Schemes . Irrigation-Capital Outlay on Irrigation . . . . Public Works . . . . Capital Outlay on Public Works , . . . ,

Famine . . . 34 Pensions and Other Retirement Benefits . 33 I . . . 37 1 Stationery and Printing . . . . .

41 1 Miscellaneous Compensations and Assignmenu . .

39

40

Payment of Compensation to Landholders on the Abolition 42 1 of the Zamindad System , . . . .

Miscellaneous . . . . . Commutation of Pensions . . . .

Rs.

.' .

I00

2,16,000

6,00,000

54a00a000

. . , .

200

Rs.

5,900

. .

. .

. . . .

1~98,200

4r89a500

. .

Rs.

Mysore Appropriation

No,' of

Vote

--

44

45

46

47

48

52 , r ,

53

54

-,,.

' Sewices qnd purpose,^

--

Capital Outlay on Industrial and Economic Development

Capital Outlay on Irrigation . . Capital Outlay on Irrigation-Non-Commercial . . Capital Outlay on Electricity Schemes . . Capital Outlay on Public Wbrks . Commuted Value of Pensions . Capital Outlay on Schemes of Government Trading . Public Debt Repayments, etc. . , .

' AKvabces and Loans ,

TOTAL .

Sums not eljceeding

------ Total

---- Rs.

3,30,68,800

12,14,80,500

47J9,Wo

1,19,60,000

500

4S~8a300

6,528

7rSIa50,000

8 7 ~ ~ 6 0 0

- 3955Oa46rSO8

-- Voted

by Parliament

Rs.

3,30,68,800

II,gS,g0,500

47,19,000

1~19,60,000

500

3a76~300

200

. . 87,003600

31,70,78,a71 I


Rs.

. . 15,90,000

. .

. .

. . qZ,OOo

6,328

7aSIaSoaoOo

. . --

7,79368937

THE WEST BENGAL APPROPR1AT;ION (VOTE O N

ACCOUNT) ACT, 1971

No. 12 OF 1971

[31st March, 1971)

An Act to provide for the withdrawal of certain sums from and out of the Consolidated Fund of the State of West Bengal for the services of a part of the financial year 1971-72.

BE i t enacted by Parliament in the Twenty-second Year of the Republic of India as follows:- '

Shor~: - title.

With- drawal of Rs. 1,60, 67,58,000 from and out of the Consoli- dated Fund of the State of West Bengal

1. This Act may be called the West Bengal Appropriation (Vote on Account) Act, 1971.

2. From and out of the C'onsolidated Fund of the State of West Bengal there may be withdrawn sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of one hundred and slxty crores, sixty-seven lakhs and fifty-eight thousand rupees towards defraying the several charges which will come in course of payment during the financial year 19,71-72.

Ay"O"ia- 3. The sums authorised to be withdrawn from and out of the Con- tion solidated Fund of the State of West Bengal by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year. ,

[ACT 12 OF 19711 West Bengal Appropriation (Vote on Account) 3 7

THE SCHEDULE


. I

I

-- NO. of Vote

c-

I

4 3

4

5 6

7

8

g

xo

11

12

I 3

14

15

16

I 7

16

\

I

a

---___I---.--


-------- - - - ----

Taxes on Income other than Corporati011 Tax . . .

f Lgnd Kev~nue . , . 1 Other Miscellaneous Compen-

sation and Assignment8 . Payment of Compensatian to

! L~nd-l1olders, etc., on the Abolition of the Zqmindari

l s y l t m . 0 1 .

State Excise Duties I . Taxes on Velqcles . , . O ~ C S Tax , 8 e

Other Taxas and Duties , ,

Stamps . * . . . Registration Fees . . Interest on Debt and Other 0 bli-

gations . Appropriatioll for Reduction or

Avoidanze of Dcbt . . Parlia~nent, Statelunion Terli-

tory Legklature . General Adn~inistration . . Admin~stratio~l Of Justice . Ja~ls . Police . . . . Miscellaneous Departments-F~re

Services . ASisceltaneous Departments-Ex-

cluding Fire Serviccs . Scientific Departlnents .

/ 1 L d w t i o n . . 20 Acedial . . . . - ----- -.-----------

4 Law-7,

Parliament

---_- Rs.

3,86,000

2~59,77~000

- - 3

- -----a

Sums not exceeding - Vote? by -"ch,;&ied~-

! I - - - the Consoli- dated Fund

- Rs .

z,ooo i

40,000

Total

----- Rs.

3,87,000

2,60, I 7,000

11~01,ooo a J ~ ~ O , O O O

I 1~25,00,000 I . t

39~46,000 , .

8~17,000 , .

P B & ~ ~ , o Q o 1,080

37,31,000 , ,

110,17,000 . . 28,53,000 . .

33,33,000 II,oo,02,000

. . 2,17,68,000

3 1,28,000 I4,OOO

~,87,44,ooo ~ , ~ O , O O O

84,70,000 ~8,g8~00o

87,80,ooo . . 10,86,87,000 . .

29,09,000 . .

32,51,000

I,~SJOO,ODW

39246,ooQ

~ , P ~ , O O B

~ ~ J ~ ~ J O O O

37~31rOoo

IO,I7,000

28,53,000

I I,33,35,000

2,17,68,000

31,42,000

2,94,24,000

1,13,68,000

87,80,0o0

10,86,87,000

2,24,12,000

26,000

27,12,62,000

8,13,62,000

I 29,09,000

. . 2,24,1 2,000

. .

. .

. .

I

1 26,oo

27,12,62,0c

8,13,6z,ooo ..---- -- --

a .. ,. .,I:q

3 8 west. Bfngal Appropriation (Vote of2 Account) [ACT f 2 - -

I

-- Na. of

Vote

- 2I

22

33

- - __ . --*__

2 3

Gil~i tal Qutlqy an Schemes of Government Trading-Greater Q d ~ v t t 4 Anilk Supply Scbeqe

Qo-opepstioa , , ,

Industpiew-ltnduatrier , ,

Capital Outlay on Industrial and Bconamlc Develbpment

Industries-Cottage Industries . Capital Outlay on Industrial and

Econoinic Developmnent-Cot- tage Industries . .

5,46,29,ooo

sr,84,mo

n,oo,k,am

bz,alg,om

90,23,0@3

5,673000

22,28,000

. .

28

29

---------------- Services and purposes

----------__--_

Public Health . . . f Agriculture-Agriculture . I

Capital Outlay on Schcmes of 1 A g r i ~ l t u r a l Imppvem,ent 1 and Researgh . . .

Agric~lt~re-Fisheries . . f Animal gysbqndgy .

Industries-Cun chnna .

(Interest on Debt and Other Obligations-Conimunity Developn~ent Projects, National Extension Service and Local Developnlent Woiks . . .

Cornmunit y Dcvclo$nent Proiects, National Extension Srrvice alltl Local Develop- ment Works * * .

Capital Outlay on Other Works-Coqnun~t y Develop- ment Projects, National Ex- tensio~i Servicc and I,ocal Developrnenr Works

. . - 7

Sd'oo

. . I ..

. .

. .

6,+1,0oo 1

PCP-- , DC-II

I

5144,29,~w

§ I 9 8 4 , ~

I,Q%,89,0CM)

6z907,000

90,23,mO

~ ~ 6 7 , 0 0 0

22,28,000

6,41,ooo

1,7S,OI,OOO I

. .

2,90,000 . .

. . 23,00,000

2,17,ooo , . 1,9j,78,000 . .

I *----.--)1-- k--- -

I

.-...------

Voted by Parliament

Rs.

3,92,79,000

5. ~z,oa,ooo

Eg,oq,ooo

.34,63i,ooo

4R,I3,000

~75,01,000

z,go,ooo

23,00,000

2 , 17,or-c

I.gS,78,006 ---- --.a* <

J.,oans for Cornmunil y Ueve- lopment Projects, National Bxtensio~~ Serv~ce and local Developmet~t Works . ,

1-oans and Advances undc: Community Developnlent

Surns not excccditlg

------(----

Charged 011 the Consolidated

Fund

-- Rs.

. . 1~000

. ,

. .

. ,

go

Total

- -I----

Rs.

3,92,7~l,oaa

s . ra ,o~ ,%e

S9,02,q9~

24p631~Fia

4% I$,o%

Projects, National Extension I Servicr and Local Develop- ment Works "

Labour and Bn~ployment . -.----, ----- -. .

No. Sums not exceeding

of I Services and purposes _-_---- --.--- - .

----- -- Rs. I

Voted by Parlia- nlcnt

Miscellaneous Social and Dcvc- lopmc~ltal Organisations- \Welfare of Scheduled Tribcs and Castes and Othcr Back- ward Classes , . i

? Total Fund I

Misccllancous Social and Devc- lopmcntal Organisat ions.-Ex- cluding Welfare of Schcdulctl Tribes and Castes and 0L11cr Backward Classcs. I

1 / Iriigation..Navigation, Bmbank- 1 ment and Draillage Works ; I (Commercial) .

. ,

. .

Irrigation, Navigation, Embank- ment and Draillage Works (Non-Commercial) .

63,86 ooo

2,79362 000

Capital Outlay on Multi-purpose River Schemes .

Capital Outlay on Irrigation, Navigation, Embankment and

, Drainage Works (Commercial)

Capital Outlay on Irrigation, Navigation, Emhnnkment and Drainage Works (Non-Com- mercial) . . .

Public Works , . . I

I Greater Calcutta Development Scheme .

Capital Outlay on Greater Cal- cutta Development Scheme . I

Ports and Pilotage . . I I f Road and Warer Transport ( Ochemes . 1

Gal-ha1 Outlay on lioad and Water Transport Schemes .

38 1 Famine Relief

f Pensions and Utller Retirement I Benefits

payments of Commuted Value I of Pensions 39 I

privy Purses and Allowances of 40 / IndianRvlera . . 41 I Stationery sod Printing . I 4% Forests . . .

* I 43 Miecell~neoua-Cc ntribbltions , I

( Rs. Rs.

No. of

Vote

46 1 Miscellaneo!is-Civil Defence . . . I 6a,sg,aaa 1 . . 47 / ~Miscellaneo~is-Other Miscellaneour Ex-

< penditl~re . I . 1 , 4 5 > 4 9 > 0 ~ ~ ; 1,000


( i ~ a p i t a l Outlay on Otller Works . . 1.72.00,CiQO 1 83,000

(Interest on Debt and Other Obligation+- j Expendit?ire.on Displaced Persons .

Slinls not exceedi~

I i Miscellaneo?~s-Irrecoverable Loans to Displaced Persons-Written Off .

-- Voted by

Parliament

1 Miscellaneous-Expenditure on Displaced 48 Persons . . .

---- Charged on the Consoli- dated Fund

Capital O~ltlay on Other Works -Expendi- ture on Displaced Persons .

I I Loans for Displaced Persons . I I 1 i ~ o a n s and Advances to Displaced Persons

----- Total

--- Rs.

13,38,aao

~ Q , S ~ , Q Q O

49 1 Pre-partition Payments . . ~ , a a a I .. 1 1,aaa

Capital Ol~tlay on ' Mxlti-p~irpose River 5a ( Schemes-Damodsr Valley Project . ( 1,8q,99,aaa I . . 1 1,84,99,aaa

51 I Capital Ontlay 011 P ~ b l i c Works . . 1 / ,@,Q~,oQo I . . / zi6~,a7,aaa

Capital Outlay on Schemes of Government 1 52 1 Trading . . ] 1,69,4a,oao I

Loans from Central Government (Excli~ding Loans for Comm~rnity Development Pro- jects, etc., and Displaced Persons) .

I Other Loans . I ' I Loans and Advar~ces by Statelunion Terri-

tory Governments ,

, TOTAL .

THE WEST BENGAL APPROPRIATION^ ACT, 1971 ,

[31st March, 19711

An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of \Y:est Bengal for the services of the financial year 1970-71.


1. This Act rrlay be called the VTest Bengal Appropriation Act, 1971. Short title,

2. From and out of the Consolidated Fund of the State of West Bengal Issue of there may be paid and applied sums not exceeding those specified ir, Rs. 6 8 ~ 1 8 ~

03,000 colamn 3 of the Schedule amcunting in the aggregate to the sum of sixty. from and eight cfores, eighteen lakhs ana three thousand rupees towards defraying odt of the

the sever.al charges which will come in course of payment during the Conso- financial year 1970-71, in respect of the services specified in column 2 of lidated the Schedule. Fund of

the State of West Bengal for the financial year 1970-71.

3. The sums authoriscd to be paid and applied from and out of the A ~ ~ ~ ~ - Consolidated Fund of the State of West Bengal by this Act shall be appropriation. priated for the services and gurposes expressed ;LI the Schedule in relation to the said year.

? - . -- - >

1 State Excise Duties . . I

THE SCHEDULE


I Sales Tax . I I

I - No. of

Vote

-

I Other Taxes and Duties I 1 Stamps . I - . I

I _ _ - _ - _ _

2 . I ---

I Registration Fees . I . I

-

Interest on Debt and Other Obligations . . .

---

Pnrliamenr, StateiUnion Terri- tory Legislature .

I General Administration I

3

Administration of Justice . I

Jails . .


------

Miscellaneo~~s Departments- ) Excluding Are Services

Scientific Departments . Education .

----- -------- Sunls not exceeding

-----------------' ,----------- Voted b y Charged on I

1 Medical . . I

Parliament

1 Public Health . - . I

the Consolida- 1 Total ted Fund

Capital Outlay on Schemes of Agricultural Improve- ment nnd Research .

- ---_-__ Rs. 1 Rs. 1 Rs.

1 Agriculture -Fisheries . I 1 Animal Husbandry . . I Capital Out!ay on Schemes of i Government Trading-

Greater Calcutta Milk Supply Scheme . ,

Capital Outlay on Industrial and Economic Development .

I [ Industries-Cottage Industries I Capital Outlay on Indus- trial and Economic De- velopment-Cottage 'In- dustries .

No. of Vote

-

- --

Services and purposes - Total

Sums not exceeding

Rs.

--."d.""---

Voted by Parliament

Rs.

r Interest on Debt and Other Oblipations-Community Development Projects,

( National Extension Service I and Local Development

4 Works .

- Charged on the Consoli- dated Fund

Rs.

' Public Debt-Loans for Community Development I Proiccts. National Exten- / sion Servi~e and Lqal

1 Developmental Works

[Irrigation, Navigation. Em- ( bankment and Drainage ( Worb (Non-Commercial) . ' 1 0 0 Multi- I purpose River Schemes .

Cspital Outlay on Irriga- don, Navigation, Em- bmkment and Drainage Worke (Comerdd) . .

i CapiM Outlay on Irriga* dona Nadgadon, Ernbunk- msnt md 2 9 i . b s Works CNon-~omerda~ . ,

Public Works . . . Ports and Pilotage . . Famine Relief .

r Pensions and Other Retire-

i ment Payments of ' Commuted

Value of Pensions ,

Capital Outlay on Other Works

Interest on Debt and Other Obligations-Expenditure on Displaced Persons .

I Loans to Displaced Persons- CVritten Off .

Miscellaneous-Expellditurc on Displaced Persons ,

Capital Outlay on Other Works-Expenditure on Dis- placed Perso~ls .

1 Public ilebt-Loans for Dir- [placed Persons .

Capital Outlny on Public Works I I

52

,... . - - Capital Outlay on Schemes of

Government Trading . . I

2,65,44,000 ( . . 2,65,44,000

44 West Bengaf Appropriation [ACT I 3 OF 1971

I \ 2 I 3

No, 0 I-

Vote

---I ---- - I Rs. I Rs. --I- Ks.

--- - Sums not exceeding

Public Debt- Floating Debt . .

Loans from Central Go- vernment (Excluding Loans for Cornmunit\ Develop rnent Projects , etc. , and Displaced Persons)

--.--

'Total


Parliament

Loans and Advances bv Statel Union Territory Gov ern- nlents . 11,33,94,ooo ~~,30,?4,ooo . . I--- ---- -___

- -_ Charged on the Consoli- dated F u n d

THE FINANCE ACT, rg7'1

I 1 [7th April, :L9'71]

An Act to continue for the finpcial year 1971-72 the existing rates of income-tax with certain modificat[ons and to %provide for the continuance of the provisions relating to special and regulatory duties or customs and excise and of certam comrnltments under the General Agreement on Tariff's and 'Trade 'and the discontinuance of the'dttty on 'salt 'for the sald year.

> BE it en8cted by Parliament in the Twenty-secoria Year of the

Republic of India as 'follows:-

1. (1) This Act may be called the Finance Act, 1971. Short title and com-

(2) Sections 2 , 5 and 8 shall be deemed to have come into force on mencement the 1st day of April, 1971.

19 of 1970. Act, 1970, shall appl e-tax for the assessmen or, as the case may

'April, 197.1, as they apply n relation to income-tax for the assess ent

year or, as hhe case may e, the financial year commencing on t e 1st

day of April. 1970, with 1 e following modifications, namely:- - ( !

(a) in seciion '2,-

(i) for the fig res "1970", wherever they occur, the :igures

"1971" shail be su stituted;

(ti) for sttb-s ction (3) , the following sub-section shall be

substituted, name y: -

"(3) In ases to which Chapter XI1 or section 164, of the

43 of 1961. ct, 1961 (hereinafter referred to as the ncome- lies, the tax char$ei&lk 'ihall be detei: d 'in'ed as

46 Finance [ACT I 4

p vided in that Chapter or that section, and with reference to he rates imposed by sub-section ( 1 ) or the rates as speci- fieti in that Chapter or section, as the case may be.";

(iii) in sub-section (5)) the following proviso shall be inserted at ishe end, namely:-

'P vided that in respect of any income chargeable to tax under ection 164 of the Income-tax Act at the rate of sixty- five per cent., "advance tax" shall be computed a t that rate.';

(b ) in - the 'rst Schedule,-

(i) m I?& I,-

(1) fo Paragraph A, the following Paragraph shall be substituted, n.amely: - i

\ "Paragraph A

In the case of every in ividual or Hindu undivided family or unregistered firm or other associa ion of persons or body of individuals, whether incorporated or not, or eve artificial juridical person referred to in sub- clause (vii) of clause (31) f section 2 of the Income-tax Act, not being a case to which any other P r.agraph of this Part applies,- \

Ra es of tncome-tax \ % (I) where the total income does not exceed . I:- Nil;

RS. 5,000

(2) where the total income exce ds Rs. 5,000 but 10 per cent. of the amount does not exceed Rs. 10,ooo by which the total income -

exceeds Rs. 5,000 ;

(3) where the total income exce Rs. 10,ooo Rs. 500 plus 17 per cent: of but does not exceed Its. 15,ooo the amount by which the

total income exceeds Rs. ~o,ooo;

(4) where the total income 15,000 Rs. 1,350 plus 23 per cent. but does not exceed Rs. 20,000 of the amount by which

the total income exceeds Rs. 15,000;

(5) where the total income Rs. 2,500 plus 30 per cent. but does not exceed Rs. 25,000 of the amount by which


(6) where the total income exceeds Rs. Rs. 4,000 plus 40 per cent. bul; does not exceed Rs. 30,000 . of the amount by which


(7) where the total inicome exceeds Rs. 6,000 plus 50 per cent but does not exceed Rs. 40,000 of the amount by which


OF 19711 Finance 47

the total income exceeds Rs. 40,000 Rs. 11,000 plus 60 per cent Rs. 60,000 of the amount by which


(9) where he total income exceeds Rs. 60,000 Rs. 23,000 plus 70 per cent. but does not e eed Rs. 80,000 i of the amount by which


income exceeds Rs. 80,000 Rs. 37,000 plus 75 per cent. of the amount by which the total income exceeds Rs. 80,000;

7- Rs. ~,oo,ooo Ks. 52,000 plus 80 per cent. of the amount by which the total income exceeds Rs. ~,oo,ooo;

(12) where the total inco e exceeds Rs. 2,oo,ooo Rs. 1,32,oooplus 85 per cent. t of the amount by which the total income exceeds Rs. 2,oo,ooo:

this Paragraph, in the case of a time during the previous year

namely:- I

entitled to claim partition 1 1

to claim partition and who are not

of the f,amily,--

(i) no income-tax shall on a total income not exceeding Rs. 7,000;

(ii) where the total Rs. 7,000 but does not exceed Rs. 7,660, the thereon shall not exceed forty per cent. of the total income exceeds Rs. 7,000.

Surcharge on

The amount of income-tax provisions of this Paragraph poses of the Union calculated tax.";

(2) in Paragraph C, the following Explanation be inserted at the end, namely: -

'Explanation.-For the purposes of this "registered firm" includes an unregistered firm assessed as clause (b) of section 183 of the Income-tax

48 Finance WT 14; (ii) in ~ a i t I

after the words 'as the case may be, and figures '(not being "advance

to tax under section 164 of per cent.)' shall be in-

serted;

(2) in Paragraph A, for "1971" occurring in the pro. viso, .the figures "1972" shall be

(3) in Paragraph C, the following at the end, namely:-

'Explanation.-For the purpo tered firm" includes an unregistered firm ass &rm-undes~lause-.-(.b-) - -of~wtian-1-&3-o-f--th4n~o

Special 3. (1) In the case of goods chargeable with a duty of customs which duties of is specified in the First Schedule to the Indian Tariff Act, 1934 (herein- 3Z0f 1934 *

after referred to as the Tariff Act), or in that Schedule as amended from time to time, or in that Schedule read with any notification of the Cen- tral Government for the time being in force, there shall be levied and collected as an addition to, and in the same manner as, the total amount so chargeable, a spqcial duty of customs equal to 10 per cent. of such amount:

Provided that in computing the total amount so chargeable, any duty chargeable under sectiop 2A of the Tariff Act or section 4 of this Act shall not be included.

(2) Sub-section (1) shall cease to have effect after the 31st day of March, 1972, except as respe~ts things done or omitted to be done before such cesser; and sectiop 6 of the General Clauses Act, 1897, s;hll apply 10 ,f 1897 upon such cesser as if the said sub-secfion Sad then been repbaled by a Central Act.

Regulatory duties of customs.

4. (1) With a view to regulating or bringing greater economy in imports, there shall be levied and collected, with effect from such date, and at such rate, as may be specified in this behalf by the Central Gov- ernment by notification in the Official Gazette, 011 all or any of the goods mentioned in the Pirst Schedule to the Tariff Act, or in' that Schedule as amended from time to time, a regulatory duty of customs not exceeding-

(a) 25 per cent. of the ra.te, if anx, sp~cified in the said 'First Schedule read with any notification issued under section 3A, or sub- section (1) of section 4, of,, the Tariff Act; or

(b,) 10 per cent. of the value of the goods as determined in accordance with the provisions of section 14 of the Customs Act,

52 of i962

! 1

1962. I

whichever is higher : . 1 Provided that different dates and different rates may be specified by

the Central Government for different kinds of goods.

(2) Sub-section (1) shall come into foWe on the 16th day of May, 1971, andcease to have effect after the 15th day of May, 1972, except as

respects things done or omitted to be done before such cesser; and sec- 10 1897. tion 6 of the General Clauses Act, 1897, shall apply upon such cesser as

if the said sub-section had then been repealed by a Central Act.

I (3) The regulatory duty of customs l>eviable under this section i n respect of any goods referred to in sub-section (1) shall be in addition to any other duty of customs chargeable on such goods under the Cus-

52 d 1962. toms Act, 1962.

52 of 1962. (4) The provisions of the Customs Act, 1962, and the rules and regulations made thereunder, including those relating to refunds and exemptions from duties, shall, as far as may be, apply in relatioq to the levy and collection of the regulatory duty of customs leviable under this section in respect of any goods as they apply in relation to the levy and col~lection of the duties of customs on such goods under that Act or those rules and regulations.

(5) Every notifi~ation issued under syb-section (1) shall, as soon as may be after it is issued, be placed before each Hous,~ of Parliaqent.

5. In the Indian Tariff (Amendment) Act, 1949, in sections 4 and 5, Amend- for the figures "1971", the figures "1972" shall be substituted. ment

of Act 1 d 1949.

6. (1) When goods of the description mentianed in this section Special chargeable with a duty of excise under the Central Excises and Salt Act, duti

e x c i e ; 1 of 1944. 1944, as amended from time to time (herefnafter referred to as the certain Central Excises Act) read with any notification for the time being in goods. force issued by the Central Golvernment in relation to the duty so ~hargeable, are assessed to duty, there shall be levied and collected-

(a) as cespects goods comprised in Items Nos, 6, 8, 9, 14D, 224, 23A except sub-item (1) thereof, 23B, 28, 29, sub-items (2) 3nd (3) of Item No. 31 and Item No. 32 of the First Schedule to the Central Excises Act, a 'special duty of excise equql to 10 per cent. of the, total, amount so chargeable on such goods;

(b), as respects goods comprised in Items Nos. 2, 3 ( I ) , sub-items 1, I1 (2) and 11 (3) af Item No. 4, Items Nos. 13, 14, 14F, 15, 15A. 15B, 16, 16A, 17, 18A(2), 21, 22, 23, 23A ( I ) , 27, 30, 31 ( I ) , 33, sub- items ( I ) , (3a) and (4) of Item No. 34 and sub-items I1 (1) and 11 (2) of Item No. 37 of that Schedule, a special duty of excise equal to 20 per cent. of the total amount so chargeable on such goods; and

(c) as respects goods comprised in sub-item I1 (1) of Ttem No. 4 and Items Nos. 18, 18A ( I ) , 18B, 20, 29A, 33A and sub-items (2) and (3) of Item No. 34 of that Schedule, a special duty of excise equal. to 33 1/3 per oent. of the total amount so chargeable on such goods

(2) Sub-section (1) shall cease to have effect after the 31st day of March, 1972, except as respects things done or omitted to be done be for^

lOof 1397. such cesser; and section 6 of the General Clauses Act, 1897. shall auply upon such cesser as if the said sub-section had then been rrpealcd by a Central Act.

(3) The duties of excise referred to in sub-section (1 ) in respect of the goods specified .therein shall be in addition to the duties of excise

50 Finance [ACT 14 OF 19711

chargeable on such goods under the Central Excises Act or any other law for the time being in force and such special duties shall be levied for purposes of the Union and the proceeds thereof shall not be distributed among the States.

/

(4) The provisions of the Central Excises Act and the rules made thereunder, including those relating to refunds and exemptions from duties, shall, as far as may be, apply in relation to the levy and collection of the duties of excise leviable under this section in respect of any goods ,as they apply in relation to the levy and collection of the duties of excise on such goods under that Act or those rules.

Regula- tors duties 7. (1) With a view to regulating or bringing greater economy in con- ofexcise. sumption, there shall be levied and collected, with effect from such date,

and at such rate, as may be specified in this behalf by the Central Gov- ernment by notification in the Official Gazette, on all or any of the goods mentioned in the First Schedule to the Central Excises Act, ,a regulatory duty of excise which shall not exceed 15 per cent. of the value of the goods as determined in accordance with the provisions of section 4 of the Central Excises Act:

Provided that different dates and different rates may be specified by the Central Government for different kinds of goods.

(2) Sub-section (1) shall come into force on the 16th day of May, 1 1971, and cease to have effect after the 15th d.ay of May, 1972, except as

respects things done or omitted to be done before such cesser; and section 6 of the General Clauses Act, 1897, shall apply upon such cesser as l o of 1897 if the said sub-section had then been repealed by a Central Act.

(3) Th2 duties of excise referred to in sub-section (1) in respect of the goods rpccified therein shall be in addition to the duties of excise chargeable on such goods under the Central Excises Act or .any other law for the time being in force and such regulatory duties shall be levied for purposes of the Union and the proceeds thereof shall not be distributed among the States.

(4) The provisions of the Central Excises Act and the hies made thereunder, including those relating to refunds and exemptions from duties, shall, as far as may be, apply in relation to the levy and collection of the regulatory duties of excise leviable under this section in respect of any goods as they apply in relation to the levy and collection of >the duties of excise on such goods under that Act or those rules.

(5) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be placed b'efore each House of Parliament.

- ~ i ~ ~ ~ ~ ~ i ~ ~ - 8. For the year beginning on the 1st day of April, 1971, no duty anceof under the Central Excises Act or the Tariff Act shall be levied in respect salt duty. of salt manufactured in, or imported into, India.

THE STATE OF HIMACHAL PRADESH (AMENDMENT)

ACT, 1971

NO. 15 OF 1971

%-I An Act to amend the State of imac,hal Pradesh Act, 1970.

BE it enacted by Parliament in the Twenty-second Year of the Republic of India a% follows: -

1. (1) This Act may be called, the State of Hirnachal Pradesh Short (Amendment) Act, 1971. title

and commence- ment.

(2) I t shall be deemed to have come into force on the 5th day of ~ ~ i ~ ~ i ~ ~ January, 1971. of

sections 8 and 9.

53 of 1970. 2. Sections 8 and 9 of the State of Himachal Pradesh Act, 1970 (here- amend- inafter referred to as the principal Act) shall be omitted. ment of

section 17.

3. In section 17 of the principal Act, for clause (a) of sub-section (2), the following clause shall be substituted, namely:-

"(a) all the persons (or as mapy of them as are available) who, having been elected from parliamdntary constituencies in the Union territory of Himachal Pradesh, wzTe members of the House of the People immediately before its dissc$ution by the order of the Presi- dent published with notification No. 37(2170)T, dated the 27th De- cember, 1970, of the Lok Sabha Se~retariat, in the Gazette of India, dated the 27th December, 1970, or tf the delimitation of any constituencies is taken up after the firstqconstitution, following such dis-

. solution, of the House of the People, all the members elected to such House (or as many of them a$ are available) from parliamentary constituencies in the State of Bimachal Pradesh; and".

'

Ord. 4. (1) The State of Himachal pradesht(Amendment) Ordinance. 1$71, Repeal ' Of lg71' is hereby repealed. and , . - savmg.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by thelsaid Ordinance shall be deemed to have been done or taken tinder thejprincipal Act as amended by this Act.

5

THE LABOUR P B O V I ~ ~ N T FUND LAWS (AMENDMENT) ACT, 1971

[23rd April, 19711 I

nd the Coal Mines Provident Fund and Bonus 948, md ?lie Emplbjfees' 'I?? bvfdent ~Fil'nils Act,

BE it, enacted by Pa liament in the TWenty-second Year 'of the Republic of India as fol ow's:- \

SWort 1. This Act may be ca e Labour Provident Fund Laws (Amend-

title. ment) Act, 1971.

. I

2. In the lohg 'title to dal Mines ,Provident Fhnd and Bb'nus ~fnehd- merit of Schemes Act, 1948 (her referred to as the Coal Mines Act), after 46 of 1948, long tJ?$ words "~robident cheme", the words, "a Family Pension I title.

Scheme" shall be inserted. I

I

I 1

Amensd - 3. In the pieamd~e 'io f i e ' 1 ~ i n e s A&, fhe'flist paragiaph shgll be ment of obitfed. preamble. , . 1

Amend- 4. In sub-section (I) of sec 1 of the Coal'Mines Act, after the I T I ~ ~ ~ of words "Provident Fund", the s, "Family Pension" sl~all be inser-

I I

section I. ted. i 'I

Amend- 5. In section 2 of (the Coal Act, after clause (e), the following merit of clause shall be inserted, namely: section 2. -

' (ee) 'Tamily ~PenSian F' ails the Family 'Pensibn Fund estab1l?sh!edf under the Coal Family Pen'sion Scheme frah-e.a h d e r "sub-s8cfion ( I ) of -see

ACT'I~ OF 19711 Labour Provident Fund Laws (Amendment) 5 3

6. In section 3A of the Coal Min Amend- ment of

( a ) in sub-section (3), afte rds "The Board shall", the section words, figure and letter ", sub e provisions of section 3E," 3A' shall be inserted;

( b ) in sub-section ( 4 ) , for words "the Scheme aforesaid", the words "the Coal Mines Provid e and the Coal Mines Family Pension Scheme" shall

7. In sub-section (3) of section 3 f the Coal Mines Act, after the Amend- words "Coal Mines Provident Fund words "and the Coal Of

Mines Family Pension Scheme" sha section 3C.

8. After section 3D of the Coal ~ i r $ s Act, the following sections shall Insertion be inserted, namely: - , k of new

sections E 3E and 3F.

"3E. (1) The Central Gover nt may, by notitication in the Coal 'Official Gazette, frame a scheme e called the Coal Mines Family Mines Pension Scheme for the purpose oviding family pension and life

Pension assurance benefits to such emp s as are covered by the Coal Scheme. Mines Provident Fund Scheme. I

(2) There shall .be established, 4s soon as may be after the fram- ing of the aforesaid Scheme, a FamiXy Pension Fund into which shall be paid from time to time in respect of every such employee-

(a) such portion, not exceeding one-fourth, of the amount payable under sub-section (1) oi! section 10D as the employer's contribution as well as the emplokee's contribution, as may be specified in the said Scheme, and \

( b ) such sums, being not less\ than the aggregate of the amount payable in pursuance of cl&se (a) out of the employer's contribution under sub-section (1) i f section 10D and an amount equivalent to one-sixteenth of the "m lo e r ' ~ contribution under 7, that sub-section in respect of such epployee, as the Central Gov- ernment may, after due appropriatiob made by Parliament by law in this behalf, specify. \ (3) The Family Pension Fund shalcvest in and be administered

by the Board. r

(4) Any scheme framed under the )revisions of sub-section (1) may provide for all or ,any of the mattbrs specified in the Second Schedule.

3F. The Central Government shall, niter due appropriation made Special by Parliament by law in this behalf, pay Juch further sums as may be Pant by determined by it into the Family PensioQ Fund to meet all the ex- Central

Govern- penses in connection with the administtation d the Coal Mines Family Pension Scheme other than the qpenses towards the cost of any benefits provided by or under the faid scheme."

9. In sub-section (2) of section 5 of the C a1 Mines Act, for the words Amend- "Second Schedule", the words "Third Sched f , le" shall be substituted. merit Of

section 8.

54 Labour Provident Fund Laws (Amendment) [ACT 16

Amend- 10. In section 8 of Coal Mines Act, after sub-section (2), the £01- merit of lowing sub-section sh e inserted, namely: - section 8.

s of sub-section (1) and sub-section (2) shall, in relation to the family pension or any other the Coal Mines Family Pension Scheme as any amount payable out of the Fund.".

Insertion 11. The Second ~ c h e i u l e to the Coal Mines Act shall be re-numbered Of new as the Third Schedule a d before the Third Schedule as so re-numbered,

Schedule. + the following Schedule $hall be inserted, namely :-

i (See section 3E)

MATTERS TO BE PROVIDED +OR IN THE COAL MINES FAMILY PENSION SCHEME

1. The employees or class of employees to whom the Coal Mines Family Pension Scheme shall apply and the time within which option to join that Scheme &all be exercised by those employees to whom the said Scheme does not apply.

2. Subject to the provisions of section 3E(2), the portion of employer's and employee's contribution which may be credited to the Family Pension Fund and the manner in which it may be credited.

3. The contribution by the Central Government to the Family Pension Fund and the. manner in which' such contribution is to be made.

/

4. The manner in which the accounts of the Family Pension Fund shall be kept and the iavestment of moneys belonging to the Family Pension Fund with theSCentral Government a t a rate of interest I

which shall not be less tpan five .and a half per centwn per annum. i

5. The form in which an employee shall furnish particulars about himself and his family dhenever required.

i

6. The nomination of a person to receive the assurance amount due to the employee aftek- his death and the cancellation or variation of such nomination. 3

7. The registers and irecords to he ina(intained in respect of employees, the form or dedjgn of any identity card, token or disc for the purpose of identifyind any employee, or his nominee or a member

,of his family entitled tof r' ceive the pension. I 8. The scales of famil4 pension and the assurance amount.

1

9. The mode of disburkkement of family pensibn and the arrangements to be entered into k i th such disbursing agencies as may be specified for the purpose. :,

\

10. The manner in wh$h the expenses incurred in connection with the administration of Coal Mines Family Pension Scheme may be paid by the to the Board.

OF 19711 ' Labour P~ovident Fund Laws (Amendment) 55

11. Any other matter wh is to be provided for in the Coal Mines Family Pension Scheme which may be necessary or proper for the purpose of implement the Coal Mines Family Pension Scheme.".

12. In the long tit1,e to the E oyees' Provident Funds Act, 1952 end- (hereinafter referred to as the P r n t Funds Act), after the words Of

long "provident funds", the words "and g pension fund" shall be inserted. t,itle,

13. In section 1 of the Provident F nds Act,- \ Amend-

\ ment of

(a) in sub-section ( I ) , after he words " ~ h d e n t Funds", the words "and Family Pension Fund' shall be inserted;

(b) the proviso to sub-sectionb(5) shall be omitted.

14. In section 2 of the Provident Amend- \ ment of

(a) after clause (g) , the follo3ing clauses shall be inserted, 2. namely: --

' (gg) "Family Pension Fund' means the Family Pension Fund established under the Family Pe a sion Scheme;

(ggg) "Family Pension Sche e" means the Employees' Family Pension Scheme framed under

(b) for clause (l), the followi+ clause shall be substituted, namely: - I

' (1) "Scheme" means the ~ m ~ l o y e e s ' Provident Fund Scheme framed under section 5.'.

i 15. In section 5A of the Provident Fuyds Act,- Amend-

ment of (a) in sub-section (3), after the wod@s "The Central Board shally', ,Uon sA. the words, figure and letter ", subject toithe provisions of section 6A," shall be inserted; i

-, (b) in sub-section ( 4 ) , after the wards "of the Scheme", the words

"and the Family Pension Scheme" shall df inserted. I

, 16. In sub-section (3) of section 5D of the \~rovident Funds Act, after Amend- the words "the Scheme", the words "and th Family Pension Scheme" ment Of

shall be inserted. f section I i

5D.

17. In section 5E of the Provident Funds qct , after the words "the Amend- Scheme", the words "and the Family Pension jSchemen shall be inserted. ment

section 5E.

18. After section 6 of the Provident Funds ct, the following sections Insertion sllall be inserted, namely: - p of new

sections

i 6A and \ 6B. \

"6A. (I) The Central Government may,\,by notification in the Em- Official Gazette, frame a scheme to be called the Emplbyees' Family $:':' Pension Scheme for the purpose of pension an$ life Pension. assurance benefits to- the employees or class of scheme,. establishments to which this Act applies.

',

56 Labour Provident Fund Laws (Amendmsnt) [ACT I 6

(2) There shall be established, soon as may be after the fram- ing of the Family Pension Scheme, Pension Fund into which shall be paid from time to time in every such cmployee-

(a) such portion, not g one-fourth, of the amount payable under section 6 as ion by the employer as well as the employee, as may be in the Family Pension Scheme,

(b) such sums as are payab by the employer of an exempted establishment under sub-sec n (6) of section 17, and

(c) such sums, being not 14s than the amount payable in pursuance of clause (a) out of t e employer's contribution under section 6, as the Central Gover :merit may, after due appropria-

\

k tion made by Parliament by la* in this behalf, specify.

(3) The Family Pension Fund ,$hall vest in and be administered by the Central Board. i

(4) The Family Pension ~chemg/ may provide for all or any of the matters specified in Schedule 111. I

(5) The Family Pension Sche (e may provide that any of its provisions shell take effect either progectively or retrospectively on such date as may be specified in this byhalf in that Scheme.

Special 6B. The Central Government ,hall, after due appropriation made grant by

d by Parliament by law in this beljalf, pay such further sums as may

Central Govern- be determined by it into the F'akiily Pension Fund to meet all the ment. expenses in connection with the a@ministr,ation of the Family Pension

Scheme other than the expenses towards the cost of any benefits provided by or under the said ~ c h h e . " .

b e n d - I 19. In sub-section (1) of section 7jof the Provident Funds Act, for the

rnent of words "or' of the Scheme", the words,/'', the Scheme or the Family Pension 7- or the Family Pension Scheme, as the case may be" shall be substituted.

t

Amend- Funds Act, for the the Scheme or the Family Pension

Scheme, as the case may be," shall 7A.

Amend- 21. In clause (b) of section 8 of t/le Provident Funds Act, for the words ment of and figures "under section 17", thg words an3 figures "under section 17 section 8. or in respect of the contribution ptyable by him towards the Family

Pension Scheme under the said sec$on 17" shall be substituted. I

Amend- 22. In section 10 of the provide& Funds Act, after sub-section (2), the ment of following sub-section shall be insertbd, namely: - section 1 d 10. "(3) The provisions of subFsection (I) and sub-section (2) shall,

so far as may be, apply in relafion to the family pension or any other amount payable under the I?a+ily Pension Scheme as they apply in relation to any amount payablh out of the Fund.". /

i Amend- 23. In clause (b) of section lllof the Provident Funds Act, after the ment of words "under the rules of the p ent fund,", the words, brackets and section ll.' figures "any contribution payabl him towards the Family Pension

Fund under sub-section ( 6 ) of se 17," shall be inserted.

Or; 19711 LaBoui. Providenl Fund Laws (Atnendment) 57

24. In section 13 of the Provident Fuads Act,- Arnend- ment of

(a) in sub-section (I), for th ; ~ o r d s "or of any Scheme", the section words ", the Scheme or the Family ension Sch.eme" shall be substi- 1s. tuted;

(b) sub-section (2A) shall be mbered as sub-section (2B) and before sub-section (2B) as so nibered, the following sub- section shall be inserted, namely: -

"(2A) Any Inspector appointbd under sub-section (I) may, for the purpose of inquiring into the correctness of any information furnished in connection withithe Family Pension Scheme or for the purpose of ascertaining whether any of the provisions of this Act or of the Family Pensio Scheme have been complied P with in respect of an establishment to which the Family Pension Scheme applies, exercise all or a y cf the powers conferred on him under clause (a), clause (b) , {ause (c) or clause (d) of sub- section (2) .";

! 1

(c) in sub-section (2B) as so re umbered, after the words, brackets and figure "under sub-sectio (2)", the words, brackets, figure and letter "or under sub-secti; n (ZA), as the case may be," shall be inserted.

t i 1

25 . In section 14 of the Provident Funds Act,- Amend- ment of

(a) in sub-section (I), for the worhs "or under any Scheme", 1

the words ", the Scheme or the Family Pension SchemeJ' shall be sub- 14,- stituted; I

( b ) in sub-section (Z), for the wortis "A Scheme framed under this Act", the words "The Scheme or the Family Pension Scheme" shall be substituted; b

5 L

(c) in sub-section (3), for the words any Scheme", the words ", the Scheme or the Family shall be substituted. i

0 ,26. In section 14A of the Provident Funds #ict,- i

Amend- ment of

(a) in sub-section (I), for the words '[or the Scheme made there- 14A.

under", the words ", the Scheme or the ~ a p 1 ~ Pension Scheme" shall be substituted; :

i (b) in sub-section (2), for the words "br the Scheme thereunder",

the words ", the Scheme or the Family ~e$sion Scheme" shall be substituted. \

1 d

27. In section 17 of the Provident Funds A!@,--

i I

Amend- I ment of

(a) after sub-section (I), the followingisub-section shall he inserted, namely:- \, 17.

"(IA) The Central Government mAy, by notification in the Official Gazette, and subject to such cdnditions as may be specified in the notification, exempt from ration of all or any of the provisions of the Family Pensio erne, any establishment if the employees of such establish in enjoyment of benefits in the nature of family pensi e Central Government

,, ;,h(,c { ! . ' >

58 Labour Provident Fund Laws (Amendnaent) [ACT 16

is of opinion that such ts are on the whole not less favourable to such employees the benefits provided under this Act or the Family Pension o employees in any other establishment of

(b) in sub-section (4)'- \ (i) in clause (a), the ord "and" occurring at the enq shall

be omitted;

(ii) after clause (a) , he following clause shall be inserted, namely: -

"(aa) in the cas of an exemption granted under sub- section (IA), with a of the conditions imposed under that sub-section; and";

(c) for sub-section (5), following sub-sections shall be substituted, namely: -

" (5) Where any tion granted under sub-section (I) , sub-section (1A) or s ion (2) is cancelled, the amount of accumulations to the of every employee to whom such exemption applied, in ovident fund or the family pension fund of the establish which he is employed shall be transferred within such in such manner as :nay be specified in the Scheme or t Pension Scheme to the credit of his account in the Fun amily Pension Fund, as the case may be.

(6) Subject to the of sub-section (IA), the employer of an exempted ent or of an exempted employee of an establishment to provisions of the Family Pension Scheme apply, shall, ng any exemption granted under sub-section (1) ion (2), pay to the Family Pen- sion Fund such portio ployer's contribution as well a s the employee's contr s provident fund within such time and in such ma e specified in Che Family Pen- sion Scheme.".

Amend- 28. In section 18 of the Provi d ~ n t Funds Act, for the words "or under merit of any Scheme", the words ", the S or the Family Pension Scheme" section shall be substituted. 1 8.

Amend- 29. In section 19 of the ent Funds Act, for the words "or any r~ent of Scheme", the words ", the or the Family Pension Scheme" shall section be substituted. 19.

Insertion 30. After Schedule I1 to the Funds Act, the following Sche- of new dule shall be inserted, namely: Schedule rn

[See sdction 6A (4) ]

MATTERS FOR WHICH PROVISION MAY BE MADE I N THE FAMILY PENSION t SCHEME ' 1. The employees or cl of employees to wkmm the Family

Pension Scheme shall apply the time within which option to join. that Scheme shall be exercis Y those employees to whom the said Scheme does not apply.

--I -'vyq!y\Ts . - . *(

QF 19711 , , Labour Pr.ovidenc Fund Luws (Amendment) 59

2. Subject to the provisions ction 6A(2), the portion of employer's and employee's contrib which may be credited to the Family Pension Fund and tkie in which it may be credited.

3. The contribution by the a1 Government to the Family Pension Fund and the manne such contribution is to be made.

4. The manner in which the ts of the Family Pension Fund shall be kept and the investme oneys belonging to the Family Pension Fund with the Central t at a rate of interest which shall not be less than five and centum per annum.

5. The form in which an emplo ee shall furnish particulars about himself and his family whenever .equired. I 6. The nomination of a person to receive the assurance amount due to the employee after his deat and the cancellation or variation of such nomination.

7. The registers and recor e maintained in respect of employees, the form or design dentity card, token or disc for the purpose of identifying any e ee, or his nominee or a member of his family entitled to recei

'8. The scales of family pe ssurance amount.

9. The manner in which establishments have to pay the contributions (both d employee's shares) towards the Family Pension ubmission of returns relating thereto.

,

10. The mode of disburse nsion and the arrange- . ments to be entered into w g agencies as may be

specified for the purpose.

11. The manner in which the incurred in connection with the administration of the Famil Scheme may be paid by the Central Government to the

12. Any other matter which is be provided for in the Family Pension Scheme or which may be or proper for the purpose of implementing the Family

31. In section 44 of the Life Corporation Act, 1956, after Conse- clause (f) , the following clause shal.1 be pserted, namely:- quential

arnend- i ment of

"(g) any Family Pension Scheme ramed under the Coal Mines ~~t 31 48 of 1948. Provident Fund, Family Pension and B nus Schemes Act, 1948 or the 1956. 19 of 1952.

\ Employees' Provident Funds and Fami Pension Fund Act, 1952 for

. the purpose of providing family pension 7 and life assurance benefits to the employees covered by the said ~chkme.". \

\

F

60 Labour Provident Fund Laws (Amendment) [ACT 16 OF 1971)

Repeal 32. (1) ,The Labour P nd Laws (Amendment) Ordinance, and. 1971, is hereby repealed. 3 of 1971. savings.

(2) Notwithstanding anything done or any action taken under the Coal Mine's Act vident Funds Act, as amended by the said Ordinance, shall be have been done or taken under the Coal Mines Act or the ds Act as amended by this Act, as the case may be, as if ome into force on the 13th day of February, 1971.

[l7th June, 19711

An Act to provide tor the taking over, in the public intyrest, of the management of general insurance bu9iness pendir~g nationalisation of such business.

WHEREAS it is expedient i n the public interest that general insurance

bvsineps s$ou$d be qationalige$;

AND w ~ E R E A s it is expedient that pending such nationalisation, ade- -

quate steps should be taken to, protect the interest of the policy hold-

ers; I

BE it enacted by Parliament in the Twenty-second Year of the

Rgp'gblic I I I f ~ t of Ipdia as follows.:- ,

1. (1) This Act may be called the General Insurance (Emergency Fro- ,' . , > Short title

visions) Act, 1971. and commence- ment.

(?) I t shall be deemed $0 have come into force on the 13th day of May, 1971.

62 General Insurance (Emergency ~rovisions) [ACT 19

Definitions. 2. In this Act, unless the context otherwise requires,- I

(a) "appointed day" means the 13th day of May, 1971;

(b) 'Custodian" means the person appointed under section 4 to take over the management of the undertaking of any insurer;

I (c) "general insurance business" means fire, marine or miscellaneous insurance business, whether carried on singly or in combination with one or more of them, but does not include capital redemp- tion business and annuity certain business;

(d) "Insurance Act" means the Insurance Act, 1938; 4 of 1938.

(e) "insurer" means an insurer, as defined in the Insurance Act, who carries on general insurance business in India, and includes an insurer whose registration under that Act has not remained wholly cancelled for a period of six months immediately before the appoint-

B ed day, but does not include the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956, or any 31 of 1956. State Government which carries on general insurance business;

(f) "notified order" means an order notified in the Official Gazette;

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

(h) "undertaking", in relation to an insurer incorporated outside India, means the undertaking of that insurer in India;

(i) words and expressions used herein but not defined, and defined in the Insurance Act, have the meanings respectively assigned to them in that Act. 9 . 6.1 . - 3 , - - '

Manage- 3. (1) On and from the appointed day, the management of the under- merit of takings of all insurers shall vest in the Central Government, and, pending undertakd the appointment of a Custodian for the undertaking of any insurer, the ings to vest in persons in charge of the management of such undertaking immediately Govern- before the appointed day shall, on and from the appointed day, be in charge ment on of the management of the undertaking for and on behalf of the Central Cmmen- Government; and the management of the undertaking of the insurec cement shall be carried on by them subject to the provisions contained in sub- this Act.

sections (3) and (5) and to such further directions, if any, as the Cent- ral Government may give to them by notice addressed and sent to the principal officer of the insurer. .! * 'I- !

(2) Any contract, whether express or implied, providing for the management of the undertaking of an insurer, made before the appointed day between the insurer and any person in charge of the management of such undertaking immediately xbefolre the appointed day, shall be deemed to have terminated on the appointed day.

(3) No insurer shall, without the previous approval of the person spep cified by the Central Government in this beldalf in respect of that insurer (hereinafter referred to as the "authorised person") ,- I

(a) make any payment or grant any loan otherwise than in accordance with the normal practice observed by him in respect of auc11 matters immediately before the appointed day;

- .

OF 19711 General Insurance (Emergency Provision) 63

(b) incur ady expenditure from the assets appertaining to the undertaking otherwise than for the purpose of making routine payments of salaries OT commissions to employees, insurance agents or for the purpose of meeting the routine day to day expenditure;

(c) transfer or otherwise dispose of any such assets or create any charge, hypothecation, lien or other encumbrance thereon;

(d) invest in any manner any moneys forming part of such assets; i

(e) acquire any immovable property out of any moneys forming part of such assets; I ' I

-Y,

- ' i v (f) enter into any contract of service or agency, whether ex- < ' pressly or by implication, for purposes connected wh611y or partly with the undertaking or vary the terms and conditions of any such contract subsisting on the appointed day;

(g) enter into any other transaction relating to the undertaking of the insurer other than a contract relating to the transaction of general insurance business or vary the terms and conditions of any agreement relating to any such transaction subsisting at the commencement of this Act.

(4) The approval of the authorised person may be given either generally in relation to certain classes of transactions of the insurer or speci- . ally in relation to any of his transactions.

( 5 ) Every insurer shall deposit all securities and documents of title to any assets appertaining to the undertaking in any Scheduled Bank or Nationalised Bank in which the insurer had an account immediately before the appointed day or in any branch of the State Bank in the place Where the head office or the principal office of the insurer is situated or. where there is no branch of the State Bank in such place, the nearest branch of the State Bank; and no such security or document shall be withdrawn from the Scheduled Bank, the Nationalised Bank or the State Bank, as the case may be, except with the permission of the authorised person:

Provided that nothing contained in this sub-section shall apply to any security or document of title kept in trust with an Official Trustee in pursuance of the articles of association of an insurer unless the Central Government, by notified order, otherwise directs.

-- .- - - -*- - - Explanation.-In this sub-section,-

I I

(a) "Scheduled Bank" means a bank included for the time being -, 2 of 1984. in the Second Schedule to the Reserve Bank of India Act, 1934;

(b ) "State Bank" means the State Bank of India constituted 23 d 1956 under the State Bank of India Act, 19'55;

- \ - * .

'Cc) "Nationalised Bank" means a corresponding new bank as

de'find in the Banking Companies (Acquisition and Transfer @f '5 of 1970. ; ~ n d e r & i n ~ s ) Act, 1970.

.L. 4-4 ., ."'

64 General Insurance (Emei'gen~y I?rov.tNo'ns) [ACT 17

(6) Every insurer shall deliver forthwith to' the person specified in this behalf by the Central Government in respect of that insurer the following documents, namely: -

(a) the minutes book or any other book in India containing all resolutions up to the appointed day of the persons in charge of the management of the undertaking before the appointed day;

(b) the current cheque books relating to the undertaking which are at the head office or the principal ofice of the insurer;

(c) all registers or other books containing particulars relating to the investment of any moneys appertaining to the undertaking in-

. cluding investments on mortgaged properties and all loans granted and advances made;

(a) all brokers' notes or certificates in the possession of the insurer in respect of any orders for the investment of any moneys appertaining to the undertaking.

(7) Without prejudice to the generality of the powers conferred by sub-section (I) and to the provisions contained in sub-sections (3)' (5) and ( 6 ) , any direction issued under sub-section ( I ) may require the persons in charge of the management of the undertaking of an insurer under this Act to furnish to the Central Government or to the authorised person such returns, statements and other information relating to the undertaking as may be mentioned in the direction.

(8) The persons in charge of the management of the undertaking of an insurer under this Act shall be entitled to such remuneration, whether by way of allowance or salary or perquisites as the Central Gov- ernment may fix; and any such person may, by giving one month's notice in writing to the Central Government of his intention so to do, reliqquish charge of the management of the undertaking.

Power 4. (1) The Central Government may, as%soon as i t is convenient admi- Cen- nistratively so to do, appoint any person as Custodian for the purpose of

tral Gov- I taking over the management of the undertaking of an insurer and the ernment to ap- person so appointed shall carry on the management of the undertaking I point of the insurer for and on behalf of the Central Government. I

Custodi- ! ans to (2) On the appointment of a Custodian under sub-section ( I ) , the I

take Over charge of management of the undertaking of the insurer shall vest in him I the management and all persons in charge of the management of such undertaking imme- I

of the diately before such appointment shall cease to be in charge of such man- undertak- agement and shall b'e bound to deliver to the Custodian all books of

ing of account, registers or other documents in their custody relating to the i I

the undertaking of the insurer. surer.

(3) Nothing contained in sub-sections (3), (5) and (6) of section 3 shall apply to any insurer the charge of management of whose under-

. taking has been taken over by the Custodian, but the Central Government may issue such directions to the Custodian as to his powers and duties

I I as it deems desirable in the circumstances of the ca'se, (and the Custodian 1

I map apply to the Central Government at any time for instructions as to the manner in which he shall conduct the management of the undertaking of the insurer or in relation to any matter arising in the course

. , -- of such management. 7 --eFpr--.-.-<

i ,\ >

Gene~al: In~umtce ('Enz'eryency Provision) 6.5

, I. (4) The Custodian shall receive from the funds of the undertaking €61- tkie cfiarge of management of which he is appointed under sub- ~ectibn ( I ) such remuneration as the Central Government may fix.

(5) The Custodian shall hold office during the pleasure of* the Central' Government. - 4-

5. The Custodian may, in relation to the undertaking of any insurer of Custodi- the charge of management of which has been taken over by him, exer- an to

cis@-- institute proceed-

(a) all or any of the pawem %hioh the. Contsolrl'er of Insurance ings, may exercise under section 106 or sectioh 107 of the Insurance Ast; etc.

Cb) all or any of bhe powers under seation 52B, section. 52BB, , section 52C or section 52D of the Insurance Ret which an Adrninis- trator appointed under section 52A of that Act could have exercised in relation to life insurance business of an insurer.

I

6. (1) Every insurer shall be given by the Ceatral Government Payhent compensation for the vesting in it, under section 3, of the management ?&com- of thecundertaking of the insurer. I pensa-

tion.

(2) For every month during which the management of the undertaking of the insurer remains vested in the Central Government, the amount of compensation referred to in sub-section (I) shall be-

(A) in the case of an insurer referred to in clause (b) of sub- section (9) of section 2 of the Insurance Act,-

(i) where the insurer has declared a - m of the three calendar years 1967, 1968 and 1969,-

. l f k m t - G U & & \

(a) a'sum equal to one-twelfth of the annual average - -J+

(for the three years) of the amount distributed to shareholders as dividend; or I

(b) a sum equal to two-a'nd-a-half rupees for .every thousand rupees or part th'ereof of the net preniium income of the undertaking of insurer during the year 1969,

%idh'ever is greater; I I I

!

(ii) in any other case, a sum equal to two-and-a-half rupees for every thousand rupees or part thereof of the net premium income of the undertaking of the insurer during tke year 1969;

I ('B) in the case of an insu'rer referred to in clause (a) of sub' 1

the year 1969.

7. (1) The compensation referred to in section B shall be paid by the bowpen- Central Government in cash to every ifigurer.

sation how to

'(2) ' The kdinpenshtioh rkckived by an insurer under seetion 6 shall be be paid.

dealt with bj4 him' ili such manner as may bc prescribed,

66 General Insuranca (Emergency Provisions) [ACT 17

8. If any person- Penalties

(a) fails to deliver to the Custodian any books of account, registers or any other documents in his custody relating to the undertaking of an insurer in respect of the management of which the Custo- dian has been appointed, or

(b) retains any property of such insurer appertaining to the undertaking of the insurer, or

(c) fails to comply with the provisions contained in sub-section (3) or sub-section (5) or sub-section ( 6 ) of section 3, or

(a? fails to comply with any directions issued under sub-section ( I ) or sub-section (7) of section 3,

he shall be punishable with imprisonment for a term which may extend to six months, or with fine1 which may extend to one thousand6 rupees, or with both.

Insurer not to 9. No proceeding for the winding up of an insurer, the management be wound of whose undertaking has vested in the Central Government under this UP by Act, or for the appointment of a Receiver in respect of such business, Court. shall lie in any Court. ~ x c l u - ". 10. In computing the period of limitation prescribed by any law fop sion of

of the time being in force for any suit or application against any person by ~ c t for an insurer in rcspect of any matter arising out of his undertaking, the cornput- time during which this Act is in force shall be excluded. ing period of lirnita- tion.

Ed ect 11. The provisions of this Act shall have effect notwithstanding any- of Act 0" thing inconsistent therewith contained in any other law for the time other laws.

being in force or in any instrument having effect by virtue of any law other than this Act.

>

Delega- tion of 12. The Central Government may, by notified order, direct that all or powers. any of the powers exercisable by it under this Act may also be exercised

by any such person as may be specified in the order. Protection of action 13. (1) No suit, prosecution or other legal proceeding shall lie against taken any Custodian or authorised person in respect of anything which is in under good faith done or intended to be done under this Act. this Act.

(2) No suit or other legal proceeding shall lie against the Central Government or any Custodian or authorised person 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.

15. Nothing contained in this Act shall apply to- < -

Act where not to ~PP~Y'. (a) any insurer whose business is >being voluntarily wound up

or is being wound up by a Court; 1

(b) any insurer to whom the Insurance Act does not apply by reason of the provisions contained in section 2E thereof;

bk 1991~ ene era^ fnsurance ( ~ m k f g e n c ~ hdvisidns) 63

(c) the Calcutta Hospital' and Nursing Home Benefit Associa- tion, Limited; ,

(d) the Ekport Credit Guarantee Corporation; 3 f

* ' (e) the Deposit Insurance Scheme;

(f) any scheme of insurance whicrh might be exempted by the , Central Government relating to-

(i) crop and cattle, t

. -. (ii) war risks, ,

(iii) emergency risks; -

(g) general insurance business carried on by a State Govern- ment or by the Life Insurance Corporation of India.

16. (1) The Central Government may, by notification in the Official Rawer to Gazette, make rules to carry out the provisions of this Act. make

rules. (2) In partic;lar, and without prejudice to the generality of the fore-

going power, such rules may provide for all or any of the following matters, namely: -

(a) the form and manner in which books of account appertaining to undertakings shall ble maintained by insurers;

(b) the manner in which any compensation payable under this Act shall be dealt with by an insurer;

(c) the circumstances in which the remuneration payable to persons in charge of the management of the undertaking of an insurer under this Act or to Custodians shall be met by the Central Govexn- ment, whether wholly or in part;

I . (d) any other matter which is required to be, or may be, prescribed.

. - . 17. (I) The General Insurance (Emergency Provisions) Ordinance, Repeal 6 of 1971. ' 1971,, is hereby repealed. and

savings.

(2) ~otwithstandi;~ such repeal, anything done or any action taken (including any direction given and orders and rules made) under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

*. . 1 119th June, 19,711

An Act to authorise payment and. appropriation of certain sums> from out of the Cong~Iid&4ed %,Fund of the U&n (t~rrjtory of

Manipur for .the services of the finmcial year 1xg7r-p.

BE i C G e n a ~ t e d ~ b y ,Parliament in the,Tw.eni;y,~e,c,ond Year of the Republic of India as follows:-

!

7

~h'or& 1. This Act may be called the Manipur Appropriation (No. 2) Act, 1'971. title, ..

Issue 02 i '

2. and out .of the Consolidated. Fund oft the,-Uniqn tqr~itoxy of Rs. 25,27,60,000 Manipur there may be paid and applied sums not exceeding those spe- out of cified in column 3 of the Schedule amounting in the aggregate [inclusive the Con-

solidated of the sums specified in column 3 of the Schedule to the Manipur Appro- RI-- L ,

Fundof priation (Vote on Account) Act, 19711 to the sum of twenty- 3 of 1 ~ 7 ~ : the Union

. territory five crores, twenty-seven lakhs and sixty thousand rupees towards de-

Of pur for fraying the several charges which will come in course of payment the year during the financial year 1971-72 in respect of the services specified in 1971-72.

column 2 of the Schedule. I

Appro- 3. The sums authojised to be paid and applied from and out of $he prlatlon.

Consolidated Fund of the Union territory of Manipur by this Act shall be

appropriated for the services and purposes expressed in the Schedule in ,

relation to the said year. '

1

[ A C ~ 18 OF 19711 Manipur Appropriation (No. 2 ) 69

.THE SCHEDULE

( S e e sections

- I -

No. of

Vote

-

I

2

3

4

5

6

7

8

g

10

I I

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

2 and 3)

.----- 3 - ' 2 ---


LandRevenue . . . 1

State Excise . . Taxes on Vehicles , . . Sales Tax . . . Other Taxes and Duties . Stamps . . . . . Registration . ,Interest on Debt and Other Obligations

Parliament, State and Union Terri- tories Legislature. . .

General Administration . . Administration of Justice . Jails . Police . . . . Civil Supplies . . Education , . . . Medical . . . Public ~ e a l t h . Agriculture and Fisheries . . . Animal Husbandry . . . Co-operation . . . Industries . . . Community Development . . . Labour . Statistics . Irrigation . Electricity ' . Public Works (Original Works and

Repairs) . P~iblic Works (Establishments) . .

Sums ------

Voted by Parliament

- Rs. ,.

21,29,000

2,59,000

I, 14,000

I,O~,OOO

3,000

26,000

85,000

. . I 1,46,ooo

96,96,0oo'

4~74,000

5,57~000

3,36,61,000

2,48,000

4,62,48,000

82,71,00o

49,63,000

44,47,000

34,83,000

12,08,0oo

25~40,000

26,45,00O

4,64,000

6,61,000

8,50,00o

75,55,000

93,92,000

1,69,19,000

not exceeding

Charged on the Consoli-:

dated Fund

Rs.

. .

. .

. .

. f

. . e

. .

.. , I,

93,06,000

., c 32,000

1,78,000

53,000

. . ' 13,000

. .

- , Total

-7

Rs:

21,29,000 '

2,59,000

I,I4,000

I ,07,000

3,000

26,000

85,000

93,06,00~

. . > I 1,78,00o

1 1

98,74~000

~ , 2 j , 0 0 0 ~ I 1..

I 5~57,000

'3,36,74,000

1 ' 2,48bo

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

4,62,48,000

82,71,030

49,63,000

44,47,000

24,83,010

I 2,08,000

25,40,000

26,45,000

4,64,0@0

6,61,0o@

8,5o,ooo

75,55,000 '

93992,000

31,ooo 1 1,69,50,000

70 ' Manipur Appropriation (No. 2) [ACT 18 OF 1971

No. of

Vote

I I Sums not exceeding

Services and purposes -

Voted by Charged on 1 Parliament the Consoli-

dated Fund Total

I Pensions and Other Retirement Benefits1 12,67,000 1 12,67,0o0

Road Transport . . . . Famine . . .

Stationery and Printing . . . Forest . .

I Miscellaneous . . .

Rs.

65,43,OOo

50,ooo

I Capital Outlay on E'ublic Health . I 12,50,m / . . ( 12,50,000

Rs.

. .

. .

I Capital Outlay on Roads . . I 2,05,00,000 I 2,05,00,000

Rs.

65,43,000

50,000

Capital Outlay on fiinor Irrigation . Capital Outlay on Flood Control . Capital Outlay on Electricity .

7,6400~~

20,00,CQO

~,06,72,000

1 Repayment of LOMI . . I , . . I Z,ZO,I~,OOO I ~,1o,19,000

Capital Outlay on Buildings . Capital Outlay on Road Transport I~,OO,OOO . . Capital Outlay on State Trading . .

Capital Outlay on Industries . . IO,OO,OOCJ I . . ? I0,00,000

Capital Outlay on Co-operation . . w Ffd 1 2,06,000 . 1 j2,06,00OJ

78,563000

I ~ , O O , O O ~

87,06,000

, Loans and Advances . . . 1 45ri6,mo ( . . 1 45,36,000

s ,-

TOTAL . . ] 23,21,27,000 2,06,33,000 25,27,60,000

THE APPROPRIATION (RAILWAYS) No. 2 ACT, 1971

An Act to authorise payment and ippropriation of certain sums from and out of the Consolidated Fund of India for the service of the financial year 197172 for the purposes of Railways.

BE it enacted by Parliament in the ~wen t~ - second Year of the Republic of India as follows:-

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

1971. title.

2. From and out of the Consolidated Fund of India there may be Issue Of Rs. 18,01,

paid and applied sums not exceeding those specified in colunin 3 of the 26,57,000

Schedule amounting in the aggregate [inclusive of the sums specified Out of the Consoli-

1 lot 1971. in columrr 3 of the Schedule to the Appropriation (Railways) Vote on dated Account Act, 19711 to the sum of one thousand eight hundred and one Fund

of India crores, twenty-six lakhs and fifty-seven thousand rupees towards de- for the

fraying the several charges which will come in course 'of payment dur- financial year

ing the financial 1971-72, in respect of the services relating to rail- 1971-72.

ways specified in column 2 of the Schedule.

I 3. The sums authorised to be paid and applied from ,and out of the Appro-

Consolidated Fund of India by this Act shall be appropriated for the priation.

and purposes expressed in the Scliedule in relation to the said

ycnr. , '

Appropriation wailways) No. 2 [ACT rg OF 19711

THE SCHEDULE

. (See sections 2 and 3)

-- Sums not exceeding

Services and purposes Voted by Charged on Parliament the Conso-

-- Fund

I RailwayBoard. . . 2 Miscellaneous Expenditure . . 7,35,74,000 3,00,000

3 Payments to Worked Lines and . . .

4 Working Expenses- Administration . .

, 5 Working Expenses-Repairs and Maintenance . . - 2,s2,57,43,000 44,000 2,82,57,87,000

6 Working Expenses;--Operating Staff . . . . . . 1,81,88,52,ooo . . 1,81,88,52,000

7 Woiking Expenses-Operation (Fuel) . . 1,69,98,78,000 . . 1,69,98,78,000

8 Working Expenses-Operation other than Staff and Fuel . 52,57,I4,000 53,48,000 53,I0,62,000

g Working Expenses-Miscellaneous Expenses ': - c . . 36,91,61,600 6,8o,ooo

10 Working Expenses-Staff Welfare 27,86,91,000 -

. I ,0~,01),00,000 . . 'I ,OS,OO,Oo,9oa

IIA Working Expenses-Appropria- tion to Pension Fund . I~,oo,oo,ooo . . I5,00,00,000

12 Dividend to General Revenues . 1,73,77,3S,oOo . . ',73,77,35,000

13 ope; Line Works (Revenue) . 24 Construction of New Lines. .

~,.F.F,OOO 5,923 I,S4,00o 16 Pensionary Charges-Pension Fund 8,88,1 1,000

20 Payments towards Amortisatio~l of over capitalisation, Repay- ment of Loans from General Revenues and interest thereone- Revenue Reserve Fund .

THE RENGAL FINANCE (SALES TAX) (DELHI VALIDA- TION OF APPOINTMENTS AND PROCEEDINGS)

\

ACT, 1971

, [ q r d June, 1971-1

An Act to ,validate appointments of certain officers under the Bengal Finance (Sales Tax) Act, 1941, as in force in the Union territory of Delhi and to validate proceedings talzen by such officers under that Act and the Central Sales Tax Act, 1956.


Republic of India as follows: -

1. Tllis Act may be called the Bengal Finance (Sales Tax) (Delhi shor t 1 Validation of Appointments and Proceedings) Act, 1971. title.

(i

2. 111 this Act,-- Defini- Jions.

(a) "Administrator" means the administrator of the Union

t e r r i t ~ r y of Delhi appointed by the President under article 239 of the

Constitution; I , .

(b) "appointment" means appointment as-

(a) Commissioner of Sales Tax; or

'(b) Additional Commissioner of Sales Tax; or

(c) Deputy Commissioner of Sales Tax; or (d) Assistant Commissioner of Sales Tax; or

(e) Sales Tax Officer; br

(f) Assistant Sales Tax Officer; or ({g) Inspector.

3. Notwithstanding anything contained in any judgment, decree or Validation

order of any court, tribunal or other authority,- of certain ap-

(a) no appointment of any person made or purporti~lg to ]lave point- been made under or for the purposes of the Bengal Finance (Sales

assess-

Tux) Act, 1941, as in force in the Union territory of Delhi (herein- menk etc

alter referred to as the principal Act) before the commencement of etc.

\

. other authority in connection with the said appointments or in co.n.nection with the assessment, re-assessment, levy or collection of tax under the principal Act or under the Central Sales Tax

' THE GOLD (CONTROL) AMENDMENT ACT, 197r

[24th June, 19711

An Act further to amend the Gold (Control) Act, 1968.


1. (1) This Act may be called the Gold (Control) Amendment Act, &orttitle and corn-

1971. mencement.

(2) It shall be deemed to have come into fortze on the 20th day of May,

1971.

4 ,. I, 45 CHI 1968. u

ment of seetion 71.

(i) for sub-sec (1)) the following

shall be deemed to have been,

respect of which any provisi b n of this Act or any rule or Prder made thereunder has been, c# is being, oris

contravened, together with any ackage, cover- in which such gold is found, s ?J1 be liable to 4 --

confiscation: ..

76 Gold (Control) Amendment [ACT 21

of the

(ii) for sub-secti ns (2), (3) and (4), the shall be substituted, namely:- "\

(4) On and fro commencement of the Go1 Amendment Act,

(3) .".

Reopen- 4. (1) Where any order made, before the commencement of this ing of past Act, for the confiscation of any gold or other thing or giving option confisCa- to pay fine in lieu thereof is such that it could not have been made if the Lions. principal Act, as amended by this Act, were in force on the date on

\ which the said order was made, the officer competent under section 78 to adjudge such confiscation shall, on an appli~~ation made to him by the person aggrieved by such .order, set aside the order of confiscation or, as the case may be, the order giving option to pay fine in lieu of confiscation, and also any order imposing penalty in addition to confiscation or giving option to pay fine in lieu thereof, and make a fresh adjudication in accordance with the provisions of the principal Act, as amended by

-

this Act.

(2) The power referred to in sub-section (1) shall be exercised by the officer specified therein in relation to the final order of adjudication of con6scatibn OF! giving loption tob pay fine in lieu thereof or imposing any pe~a l ty , whether or not such final order was made in appeal under section 80 or in revision under section 81 or section 82.

(3) Every application referred to in sub-section (I) shall be made within ninety days from the commencement of this Act or within such further time, not exceeding ninety days, as the officer specified in that sub-section may, on sufflciml cause being shown, allow.

OF 19711 Gold (Control) Amendment 77

(4) Where, and in s8&@s,,gegye2rder for the confiscation of any gold or other thing, or any option given to pay fine in lieu of confiscation, or imposing any penalty is modified or reversed, the officer specified in sub-section (1) shall make an order for such refund or restitution as the circumstances of the case may require:

Provided that where the restitution of any gold or other thing is not practicable, the said authority shall make an order for the payment to the person to whom such restitution is to be made, the market value of such gold or other thing, as on the date on which the fresh adjudication is made. &

' (5) Nothing in this section shall apply to any confiscation made, option given to pay f i ~ e in lieu of confiscation, or penalty imposed under Par t XII-A of the Defence of India Rules, 1962.

5. Notwithstanding any judgment, decree or order of any court, any Valida- confiscation made, penalty imposed or fine levied under the Gold (Con- tion.

45 of 1968. trol) Act, 1968, before the commencement of this Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to hawe been made, imposed or levied in accordance with the provisions of the

(2) Notwithstanding s

THE SALARIES AND ALLOWANCES OF OFFICERS OF PARLIAMENT (AMENDMENT) ACT, 197 I

124th June, 19711

A11 Act furthe:: to amend the Salaries and Allowances of Officers of Parliam !nt Act, 1953. F

BE it enacted by parliament in the Twenty-second Year of the

Republic of India as follows:-

J

Short 1. This Act may be callkd the Salaries and Allowances of Officers of title. Parliament (Amendment) Act, 1971.

i Substi- 2. For section 3 of the ~ialaries and Allowances of Officers of Parlia- tution of I new ment Act, 1953 (hereinafter;referred to as the principal Act), the follow- 10 of 1953.

section for ing section shall be substitbted, namely:- section 3. \ I

I

Salaries "3. There shall be to each officer of Parliament a salary of af officers two thousand, two and fifty rupees per mensem.". 1 of Parlia- ment. f.

3. In section 5 of the p#incipal Act, the words "and to the Deputy Amendment

S. Chairman and the Deputy j~peaker a sumptuary allowance of two

hundred and fifty rupees pkr mensern" shall'be added at the end, 1

THE MYSORE STATE LEGISLATURE (DELEGATION OF POWERS) ACT, 1971

No. 23 on 1971

[26th June, 19711

An Act to confer on the President the power of the Legislature of the State of Mysore to m a b laws.


1. This Act may be called the Mysore Slate Legislature (Delegation zegt, of Powers) Act, 1971.

2. In this 'Act, "Proclamation" means the Proclamation issued on the Definition. 27th day of March, 1971, under article 356 of the Constitution, by the President, and published with the notification of the Government of India in the Ministry of Home Affairs No. G.S.R. 457 of the said date.

3. (1) he power of the Legislature of the State of Mysore to make Confer- ment on laws, which has been declared by the Proclamation to be exercisable by thepresi-

or under the authority of Parliament, is hereby conferred on the President. dent of the power of the State Legis-

(2) In the exercise of the said power, the President may, from time lature to to time, whether Parliament is or is not in session, enact, as a President's z$ Act a Bill containing such provisions as he considers necessary:

Provided that before enacting any such Act, the President shall, whenever he considers it practicable to do so, consult a Committee constituted for the purpose, consisting of forty members of the House of the People nominated by the Speaker and twenty members of the . Council of States nominated by the Chairman.

(3) Every Act enacted by the President under sub-section (2) shall, as soon as may be after enactment, be laid before each House of Parliament.

Mysow State Legislature (Delegation of Powers) [ACT 23 OF 19711

(4) Either House of ,Parliament may, by resolui;ion, passed within thirty days from the date on which the Act has been laid before it under ,

. sub-section (3), which period may be comprised in one session or in two successive sessions, direct any modifications to be made in the Act and if the modifications are agreed to by the other House of Parliament during the session in which the Act has been so laid before it or the session succeeding, such modifications shall be given effect to by the President by enacting an amending Act under sub-section (2) :

Provided that nothing in this sub-section shall affect the validity of the Act or of any action taken thereunder before it is so amended.

THE DELHI SIKH GURDWARAS (MANAGEMENT) ACT, 1971

No. 24 OF '1971

[26th June, 19711

An Act to provide for .the better management of certain Sikh Gurdwaras and Gurdwara property.


1. (1) This Act may be called the Delhi Sikh ~ u r d w a r a s (Manage- short title

merit) Act, 1971. and commence-

(2) I t shall be deemed to have come into force on the 20th day of merit.

May, 1971.

2. In this Act, unless the ,context otherwise requires,- Defini- tions.

(a) "Administrator" means the Administrator of the Union territory of Delhi appointed by the President under article 239 of the

Constitution;

('u) "appointed day" means the 20th day of May, 1971, being the

day on which the Delhi .Sikh Gurdwaras (Management) Ordinance, 9 of 1971. 197lI was promulgated;

(c) "Board" means the Delhi Sikh Gurdwara Board constituted under section 3;

( d ) "Committee" means the Gurdwara Prabandhak Committee 21 of 1860. Delhi, a society registered under the Societies Registration Act, 1860;

(e) "Gurdwaras" means the Sikh Gurdwaras situated in the Union territory of Delhi as were, immediately before the appointed day, being m,anagcd by or nffiliqted to the Committee;

Dslhi Sikh Gurdwaras (Management) [ACT 24 . .

(f) "Gurdwara property'' means,-

(i) all movable and immovable property which, immediately before She appointed day, vested or was kept in deposit in the

' name of the Committee,

(ii) all property which stands in the name of the Gurdwaras or in the name of present or old managers of the historic Gurdwaras,

(iii) all offerings in cash or kind made in various Gurdwacas,

(iv) all property, cash and kind, movable as well as immovable that may be acquired by purchase, exchange or otherwise by the Gurdw,aras from time to time,

(v) all grants, donations or contributions made from time to time by any person or authority to the Gurdwaras, .

and includes any actionable claim with respect to such Gurdwsa property;

(g) "Sikh" means a person who professes the Sikh religion or, in the case of a dece,ased person, who professed the Sikh religion or was known to be a Sikh during his lifetime. If any question arises as to whether any living person is or is not a Sikh, he shall be deemed respectively to be or not to be a Sikh according as he makes or refuses to make in such manner as the Administrator may prescribe by rules the following declaration:-

"I solemnly affirm that I am a Sikh, that I believe in the Ghru ' ~ ~ a h t h ' S a E i b , tHat I believe 'in the T'd-n Guros, and that I have no other religion.".

Incorpo- 3. (1) As ftom the appointed day, there shall be established a Bbard ration Of to be called the Delhi Sikh Gurdwara Board. the Board.

(2) The Board shall be a body corporate having perpetual succession and a dommon seal and shall by the said name sue and be sued.

Composi- 4. (1) The Board shall consist of five members, bei:lcl " ' - - T of Tndia, tion of the to be nominated by the Central Government from amongst persons having Board. knowledge or practical experience in respect of such matters as the

following, namely : - I

Social service, public affairs, management of public institutions, finance or law.

(2) There shall be a Chairman of the Board who shall be elected by the members from amongst themselves. . +

(3) A casual vacancy in the office of a member of the Board shall be filled by fresh nomination.

OF 19711 Dellzi Sikh Gurdwaras (Management) 83 -

5. A person shall be disqualified for being nominated as a member of Disqualifi-

the, ,Board- cations.

(a) if\he is not a Stkh and is less than twenty-one years of ,age;

(b) i f he is round to be a person of unsound mind;, I

(c) if he is an undischarged insolvent;

(d) i f he has,.beefi coqvicted of an offence involving moral tqrpitudp;

(e) ,if he has, on any previous occasion, been removed from the office of a member of theycommittee or has been removed by order of a competent court &from' any position of trust either for mismanage- ment or corruption.

6. The chairman or any other member: of the Board may resign' his Resigna- tion of

office by writing under his hand addressed to the Central Government: Chairman and

Provide4 that, the Chairpgr;l,,Qr ,the member shajl contirye rinloffice rmmbers. '

until th;! nomination of his suc~gssgs, is potifiqd.:

?.- ,(I) The Central Government may, by notification in the Oficial :;emoval

Gazette, remove the Chairman of the Board or any member thereof if Chairman he- and

memhers.

(a) is or becomes subject to any disqualification; or

(b) refuses to act, or is incapable of acting or acts in a manner which the Central Governmqpt, after 'hearing any explanation that he may offer, considers to be prejudicial to the interests of the Gurdwaras.

(2) Where the Chairm'an of the Board is removed under sub-section (I) , h e shall also cease to be a member of the Board.

8. No act Qr proceeding,,of the Baard shall be invalid by reason only Validity of tlie existence of any vacancy anlongst its members or any defect in of acts of

the constitution thereof. Board not to be question- ed by reason of vacancy, etc.

9. (1) 'the Board shall meet for the transaction of busiiiess at such Meetings times and places as may be decided by the Board: of the

Board.

Provided that the first meeting of the Bo,ard shall be held at such time and place as may be fixed by the Administrator in this behalf.

(2) The Chairman or in his absence any member chosen by the members from amongst themselves shall preside a t a meeting of the Board.

(3) Subject to the provisions of this Act, all questions which come before any meeting of the Board sh'all be decided by a majority of votes of the members present, and in the case of equality of votes the Chairman, or, in his absence, any other person presiding shall have a se~ond or casting vote,

Taking 10. Notwithstanding any judgment, decree or order of any court or Overo' other authority or any proceeding pending before any court or other management of authority, or anything contained in any law or rules or bye-laws of the Gur- dwaras,

Committee, the entire management and control of the Gurdwar.as and etc., by Gurdwara property shall, as from the appointed day, be taken over and the Board. vested in the Board.

Dissolu- tion of the society and transfer of Gur- dwara property.

11. (1) As from the appointed day, the society known as the Gurdwara Pr,abandhak Committee, Delhi, and registered under the Societies Registration Act, 1860, shall stand dissolved and all Gurdwara property, 21 of 1860.

movable and immovable, and all rights, powers and privileges of the said society which immediately before the appointed day belonged to or were vested in the said society shall vest in the Board and shall be applied for the purposes for which the Board is constituted in accordance with the provisions of this Act.

(2) As from the appointed day, all debts and liabilities of the said society shall stand transferred and attached to the Board and thereafter be discharged and satisfied by the Board.

(3) Any will, deed or other instrument whether made or executed before or after the ,appointed day, which contains any bequests, gifts, or trust in favour of the said society shall, as from the appointed day, be construed as if the Board were therein named instead of the said society.

Duties 12. Subject to the provisions of this Act and the rules made thereof the under, it shall be the duty of the Board- Board.

( i ) to arrange for the proper performance of religious rites and ceremonies in the Gurdwaras;

(ii)' to provide facilities for worship by devotees at the Gurdwaras;

(iii) to ensure safe custody of its funds, movable properties, deposits. offerings in cash or kind and management of all Gurdyara property; 1

(iv) to ensure maint~ [lance of order and discipline and proper hygienic conditions in th. Gurdwaras;

( v ) to make provisior, lor payment of emoluments to its s,alaried staff;

(vi) to manage the historic and other Gurdwaras and the Gurdwara property in such a way as to make them inspiring centres of the Sikh tradition, Sikh culture and Sikh religion;

(vii) to spread education, especially the knowledge of Panjabi and Gurmukhi, to establish educational institutions and libraries and to give aid to such institutions and stipends to the students, to pro. vide suitable accommodation for the pilgrims, to maintain free kitchen, to open free dbpensaries and to do such other religious and charitable acts as the Board thinks fit;

(viii) to render all help in the cause of the uplift of the Sikh cammunity ;

! I

Uelhz Szkh Guvdwarus (Management) 85 I

,(qj to do all such things as may be incidental and conducive I

to the efficient management of the (affairs of Gurdwaras, Gurdwara 1 property or to the convenience of the devotees; 1

1

(4) ta perform such other functions as may be prescribed by rules hy the Adpinistratar for carrying out the purposes of ths Act. i

I@. (1) There shall be a Gurdwara Fund into which all receipts and creation income of the Gurdwara property (including all amounts comprised for of the

GUC- the time beiqg,in Gurdwar,a property) shall be credited and out of whi'ch dwara all expenses and disbursements of the Board shall be made. Fund

(2) The Gurdwara Fund shall be operated and maintained in accordance with the rules made by the Administrator in this behalf.

14. (1) The Administrator may issue such directions, as he,may think D1:v.o~-

fit, on questions of policy to be followed by the Board and for issuing such z~z~srhe directions, he may call for any report or information from the Board. traor.

(2) In the performance of its functions under this Act, the Board shall be guided by the directions issued under sub-section (1).

(15. If any person obstructs the Board or any of its officers or servants Penalty. from taking possession of any Gurdwara property vested in the Board under section 11 or conceals, destroys, mutilates or defaces any boqk or other documents with intent to evade the provisions of the said section 11, that person shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

16. No suit, prosecution or other legal proceeding shall lie ,against the Protee- Chairman or any member of the Board or any officer or servant of the 2:s02 Board, for anything which is in good faith done or intended to be done in take% iE pursuance of this Act or of any rule or order made thereunder. good

faith,

17. (1) The Administrator may, by notification in the Official Gazette, PoWBr make rules to carry out the purposes of this Act. to nlak,e,

rules.

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

(a) the manner in which a declaration for the purpose of clause (f) of section 2 shall be made;

(b) the functions to be performed by the Board and the conditions and restrictions subject to which those functions shall be performed;

(c) the manner in which the funds belonging to the Board shall bo deposited or invested;

(d) the mode of authentication of orders for payment of money by the Board;

( e ) the form in which the accounts shall be kept by the Board, the audit thereof and publication of such accounts;

4 Law 13.

86 Delhi Sikh Gurdwaras (Managerrtejzt) [ACT 24 oe 197ij

Pov;er . . of Board

to m ~ k e regulations.

Act not to affect rites and practices

I of Sikh ! religion.

Repeal and saving.

if) any other matter w h c h has to be, or may be, prescribed.

(3) Every rule mzde 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 perrod of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be wirthout prejudice to the validity of anything previously done under that rule.

18. (1) The Board may, with the previous approval of the Administra- tor, make regulations not inconsistent with the prcvisions of this Act or the rules made -thereunder for carrying out its functions under this Act.

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

(a) the manner in which meetings of the Board shall be con- vened, the quorum for the transaction of any business thereat and the procedure at such meetings;

(b) the manner in which a majority decision of the Board shall be obtained by circulation to the members of the matter requiring decision;

(c) the appointment of such officers and servants as may be necessary for the purpose of carrying out the functions of the Board under section 12 and the terms and conditions of their service.

19. Nothing contained in this Act shall-

(a) save as otherwise expressly provided in this Act or the rules made thereunder, affect any honour, emolument or perquisite to which any person is entitled by custom or otherwise in any Gurdwara,

. (b) authorise any interference with the religious or spiritual functions performed in any Gurdwara.

20. (1) The Delhi Sikh Gurdwaras (Management) Ordinance, 1971, 9 of 1971. is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action takea under the said Ordinance, shall be deemed to have been done or taken under the corresponding provision of this Act.

'THE PUNJAB APPROPRIATION ACT, 1971

NO. 25 OF 1971

. . . . - . . . . .. . - >. . . . . . . . - .

[28th June, 19711

An Act to authorise payment and appropriation of certain sums from and out of the Consolidated Fund of the State oi" Punjab for the services of the financial year 1971-72.



1. This Act may be called the Punjab Appropriation Act, 1971. Short title.

2. From and out of the Consolidated Fund of the State of Punjab Issue of RS. 5,00,11,55,

there may be paid and applied sums not exceeding those specified in 880 OE the C onsoli-

column 3 of the Sched,ule amounting in the aggregate [inclusive of dated ~~~d of the State the sums specified in column 3 of the schedule to the Punjab Appro- of finjab for the

Punjab priation (Vote on Accoynt) Act, 19711 to the sum of five hundred crores, Act 8 of 1971. eleven lakhs, fifty-five thousand, eight hundred and eighty rupees year1971-72.

towards defraying the several charges which will come in course of

payment during the financial year 1971-72 in respect of the services specified in column 2 of the Scheau~e.

3. The sums authorised to be paid and applied from and out of the Appropria- tion.

Consolidated Fund of the State of Punjab by' this Act shall be appro-

priated for the services and purposes expressed in the Schedule in relatiol:

tp the said year. I

1

Punjab Appropriation

THE: SCHEDULE .,

(See sections 2 and 3) . ..

. . . . . . , 7 ? !

. . . '.,,l : , . . , . . . . . -

i..' . . . . . . ..+.: i.: , . .. ., , : , ; I :

';..<,'-..

No. Sums not exceeding of Vote Services and purposes Charged on

dated Fund

1 1 Rs; I Rs. 1 Rs.

I ) Land Revenue . . . .

4 / Sales Tax - . . .

2

3

Other Taxes and Duties . . Stamps . . . .

State Excise Duties . . . Taxes on Vehicles . .

1 Registration Fees . I Interest on Debt and Other Obligations

Appvopriation for Reduction or A d d - , ance of Debt . . . Parliament, Statelunion territory

Legislatures . . I General Administrat-ion . .

10

11

12

13

14

15

16

17

I 8

19

Adiniflistration of Justice . Jails . Police . . . . Supplies and Disposals . Miscellaneous Departments

Scientific Departments . Education . Medical . . . a .

Public Health . . . FamilyPlanning .

20 Agriculture . 21

22

23

Animal Husbandry . Cc-operation

Industries . _.- -

Punjab Appropriation

24 Community Development Projects, NationalExtension Service and Local Development Works .

I, 12~77,400

27 Multi-purpose R i v ~ r Schemes . r Irrigation, Navigation, Embankment 7 1 and Drainage Works (Commercial) I

30 Public Works .

34 Famine Relief . . . .

38 Forests .

41 pie-partition payments ' . 42 Capital Outlay on Schemes of Agricul-

tural Improvement and, Research .

I 44 Ccpital Outlz); on Multi-purj,ose Riocr

90 Punjab Appropriation [ACT 25 OF 19711

I Sums not exceeding

Services and purposes I 1 Voted ( the Chagd Conaoli- On 1 Total dated Fundd

Capital Outlay on Public Works . ( 13,08,20,85o 1 g,oo,ooo 1 13,11,20,850

-1 R r

Capital Outlay on Other Works I 12,70,000 I .- I &2J70,000

hJ I

Rs.

Payments of Commuted Pensions . . . ~Z,OO,OOO 1 2,00,000

.I__--

Rs.

Capital Outlay on Road and Water

, I I Transport Schemes . .& -. 1,79,85,000 / . . 1979~8 5,000

Public Debt . . . . I . . 11,18~97~29~600

Capital Outlay on Schemes of Govern- ment Trading .

r Loans$o Local Funds-Private { Partics, ctc. 28,79,69,800 loans to Government Servants

1,51,32,26,000

\

THE MAINTENANCE OF INTERNAL SECURITY ACT, 1971

[ a d July, 19711

An Act to provide for detention in certain cases for the purpose of maintenance of ,internal security and matters connected therewith.



, 1. (1) This Act may be called the Maintenance of Internal Security Short

Act. 1971. title and extent.

(2) It extends to the whole of India $.xsept the StaSe-of-~iJ~~n~mu-d-.

7 "1

2. In this Act, unless the context otherwise requires,- Defini- tions.

(a) "appropriate Government" means, as respects a detention

order made by the Central Government or a person detained under

such order, the Central Government, and as respects a detention

order made by a State Government or by an officer subordinate to a a

State ~overnment or as (respects a person detained under .such

order, the State Government;

(b) "detention order" means an order made under section 3;

(c) "foreigner" has the same meaning as in the Foreigners Act,

31 of 1946. 1946; - I ' * . -

(a) "State Government", in relation to a Union territory, means

the administrator thereof.

Powerto 3. (1) The Central Government or the State Government may,- make orders detaining (a) if satisfied with respect to any person (including a foyeigner) certain that with la yipy,$o preventing him from acting in any manner pse- persons. *Z l,J,

judicial to- A !

, ' i t , h i , ' '. gs!,,+

(i) the defence of ~ndia, ' th& relkfi6ns of India with foreign powers, or the security of India, or

.. , jii) the security of 'the State or the maintenance of public

order, or

L - (iii) the maintenance of supplies and services essential ta the community, or

( b ) if satisfied with respect to any foreigner that with a view to .regulqtisg his continued presence in India or with a view ts making arrangements for his expulsion from India,

it is neaessary so to do, make an order directing that such peason be detained.

(2) Any .of the following officers, namely:- ( .

(a) district magistrates, .

( b ) additional district magistrates specially empowered in this behalf by the State Government,

(c) Commissioners of Police, wherever they have been appointed,

in sub-clauses (ii) and (iii)&-dause-(+&--..- the power conferred by the said sub-section.

.(% 'when any order is made under this section by an officer men- tbned.ia sub-section (2)) he shall Iorthwith report the fact to the State: G,oyernment to which he is subordinate together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter, and no such order shall remain 'in. forae.dor mone than twelve days after the making thereof unless in the meantime it has been approved by the State Government:

,Provided that where under section 8 the grounds of detention are communicated by the authority making the order after five days but (not -later than fifteen days from the date of detention, this subsection shall apply subject to the modification that for the words "tweIve days", the words "twenty-two days" shall be substituted.

(4) When any order is made or approved by the State Government under this section, the State Government shall, within seven days, report the fact to the Central Government together with the grounds on which

t . I I i 1

OF 1g$i1 X

Maintenance of ~nternal Security 45 the order has been made and such other particulars as in the opinion of the State Government have a bearing on the necessity for the order.

4. A detention order may be executed at any place in India in the Execution manner provided for the execution of warr,ants of arrest under the Code of deten-

6 of 1898. of Criminal Procedure, 1898. tion orders. I

5. Every person in respect of whom a detention &der has been made Powerto &all be liable- regulate

place and (a ) to be detained in such place and under such conditions, conditions

of deten- including conditions as to maintenance, discipline and punishment tion. for breaches of discipline, as the appropriate Government may, by general or special order, specify; and

( b ) to be removed from one place of detention to another place of detention, whether within the same State or in another State, by order of the appropriate Government:

Provided that no order shall be made by a State Government under clause ( b ) for the removal of a person from one State to another State except with the consent of the Government of that other State.

6. No detention order shall be invalid or inoperative merely by Detention reason- . -.

. , , :.a- & ;>iAAd.xAL n ,( orders not ' . I . . . : * i A G V . , 1 ..........'. .. to be invalid

(a ) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the Government or officer. inopera- making the order, or tive on

certain grounds.

( b ) that the place of detention of such person is outside the said limits.

7. (1) If the Central Government or the State Government or an Powersin officer specified in sub-section (2) of section 3, as the case may be, has

to abscon- reason to believe that a person in respect of whom a detention order has ding been made has absconded or is concealing himself so that the order can- persons. not be executed, that Government or officer may-

(a ) make a report in writing of the fact to a Presidency Magis- trate or a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provi-

5 of 1898. sions of sections 87, 88 and 89 of the Code of Criminal Procedure, 1898, shall apply in respect of the said persoil and his property as if the order directing that Be be detained were a warfant issued by the Magistrate;

(b) by order notified in the Official Gazette direct the said persoxz to appear before such officer, at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction he shall, unless he proves that it was no€

Maintenance of lnternal ~ e c d r t e ~

possible for him to comply therewith and that he had, within the period specified in the order, informed the oficer mentioned in the order of the reason whlch rendered compliance therewith impos- sible and of h s whereabouts, be pmishable with imprisonment for a lerrn wfuch rnay extend to orlc year or with fine wr with both.

( 2 ) Notwithstanding anything contained in the Code of Cripinal Procedure, 1898, every offence under clause (b) of sub-section (1) shall 5 1898.

, be cognizable.

." I

Grounds 8. (1) Vv'hen a person is detained in pursuance of a detention order, of order the authority making the order shall, as soon as may be, but ordinariiy of deten- not later than five days and in exceptional circumstances and for reasons tionto be to be recorded in writmg, not later than fifteen days, from the date of disclosed to detention, communicate to him the grounds on' which the order has been Dersons made end shall afford him the earliest o p p ~ r t ~ n i t y of making a represen- affected tation against the order to the appropriate Government. by the order.

( 2 ) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose.

Constitu- 9. (J) The Central Government and each State Government shall, tionof whenever necessary, constitute one or more Advisory Boards for the

pinposes of this Act. , Boards.

(2) Every such Board shall consist of three persons who are, or have been, or are qualified tmo be appointed, as, Judges of a High Court, and such persons shall be appointed by the Central ~overnmint ' or the State Government, as the case may be.

(3) The appropriate Government shall appoint one of the members of the Advisory Board who is, or has been, a Judge of a High Cmourt to be its Chairman, and in the case of a Union territory the appointment to the Advisory Board, of any person who is a Judge of the High Court of a. State shall be with the previous approval of the State Government concerned. . . . . . . I.. . I r . ,

i . , . . . , . . . , . .)- i b:u

, . . .. ... >:<. , i,:.&.,..*- , . . . ,

Reference to Advi- , sory Boards.

Procedure Of Advisory Boards.

14). Save as otherwi* expressly provided in this Act, in every case where a detention order has been made .under this Act, the appropriate Gover~lment shall, within thirty days from the date of detention under. the order, place before the Advisory Board constituted by it under section 9 the grounds on which the order has been made and the represen- tation, if any, made by the person affected by the order, and in case where the order has been made by an officer, also the report by such ofiicer wder sub-section (3) of section 3.

11. (1) The Advisory Board shall, after considering the materials placed before it and, after calling for such further information as it may deem necessary from the appropriate Government or from Einy person called for the purpose through the appropriate Government or from the Person concerned, and if, in any particular case, it considers it essential so to,do or if We person concerned desires td be heard, after hearing him i n person, submit its report to the appropriate Government within ten weeks from the date of detention.

NOIT c ~ ~ I ~ ~ < ~ ' ~ . L : I ) : SPIC i K '3IA CODE vvlm-%.., rt..$.. g 739.

6~ 19911 ~aintenance of Internal Security 95

(2) The report of the Advisory Board shall specify in a separate part , thereof the opinion of the Advisory Board as to whether or not there is

sufflcient cause for the detention of the person concerned.

(3) When there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board.

3

(4) Nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitionkr in any matter connected with the reference to the Advisory Board, and the proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential.

12. (1) In any ca.se where the Advisory Board has repcr ted that there A~tiofi upon tho is in its opinion sufficient cause for the detention of a persbn, the appro- report

priate Government may confirm the detention order and continue the Advisory

detention of the person concerned for such period as it thinks fit. Board.

(2) In any case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate Government shall revoke the detention order and cause the'person to be released forthwith. , I I ,

13. The maximum period for which any person mag be detained in Maxi- . # .

pursuance of a,ny detention order which has been confirmed under section mum ' _ .... __.._:..._l_ -_. I--'' . . . ... ..: ,~.. , .,

12 shall be twelve . . monthsfrom .. the date .qf,detentioni . , . . period o.f'detention. . I * ,

. Provided that hdthingcohtained i n t h i s section shall affect the power ...

of the app~opriate Government . . . t o revoke, 07 modify. the detention 6Cder i ' , . . . , at . any . . earlier time. . . : L I , .

14. (1) Without prejudice to the provisions of section 21 of the General Revoca- l o of 1897. Clauses Act, 18917, a detention order may, at any time, be revoked or tion of

.- - modified- -, - T; -. detention

orders.

(.a) notwithstanding that the order has been made by an officer mentioned in sub-section (2) of section 3, by the State Government to which that officer is subordinate or by the Central Government;

(b), notwithstanding that the order has been made by a State Government, by the Central Government.

(2) The revocation or expiry of a detention order shall not bar the making of a fresh detention order under section 3 against the same person

. in any case where fresh facts have arisen after the date of revocation or expiry on which the Central Government or a State Government or an

' officer, as the case may be, is satisfied that such an order should b e made.

/

15. (1) The appropriate Government may, at any time, dirkkt that any Tempo-. I

person detained in pursuance of a,detention 'order may bereleased for any . ! . . ,*. .: . . . . . , . , ,

'specified period either witfioit conditioni or ,Gpon suchcohditibns specf- ' 3

of persort I . . Tied i n the diiection ad%%akpersdn'adkepts, and may, a t .n.y"time, Cancel detained, ' ! ,, ...- . 9 ., :;! ;&,:.:i . . . . > . , . . ' . . . . . . . $ . . . . .

his release. 1

F'rotec- tion of action taken in good faith.

96 Maintenance 01 Internal Security \ [ACT 26

(2) In directing the release of any person under sub-section ( I ) , the appropriate Government may require him to enter into a bond with or without sureties fa the due observance of the conditions s ~ c i f i e d in the direction. I

1 . . a

( 3 ) Any person released under sub-section ( I ) shall surrender himself at the time and place, and to the authority, specified in the order dilrecting his release or cancelling his release, as the case may be.

' (4) If any personfails without sufficient cause to surrender himself in .the manner specified in sub-section ( 3 ) , he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. i . . b .... , i , . , k , . . , , i ' : : j ~ , , c ,,, :,:. !;:. "

I . . . ,,. ... : : .,,...; Bd

(5) If any person released under sub-section ( I ) fails to fulfil any of the conditions imposed upon him under the said sub-section or in the bond entered into' by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.

Duration of detention in certain cases of foreigners. -

16. No suit or other legal proceeding shall lie against the Central Gov- ernment or a State Government, and no suit, prosecution or other legal proceeding shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act.

17. ( I ) Notwithstanding anything contained in this Act, any foreigner in respect of whom an order of detention has been made under this Act may be detained without obtaining the opinion 05 the Advisory Board for a period longer than thwe months, but not exceeding two years from the date of his detention, in ,any of the following classes of cases or under any of the following circumstances, namely:-

(a) where such foreigner enters or attempts to enter the territory of India or is found therein with arms, ammunition or explosives, or

I I

(b) where such foreigner enters or attempts to enter a notified area or is found therein in contravention of section 3 of the Criminal 23 of 1961. Law Amendment Act, 1961, or I

(c) where such foreigner enters or attempts to enter the local limits or is found within the local limits of such area adjoining the borders of India as may be specified in an order made under section 139 of the Border Security Force Act, 1968, without a valid travel 47 of 1968. document, or I

I (d) where the Centr~ql Government has reason to believe that such foreigner commits or is likely to commit any offence under the Official Secrets Act, 1923. 18 d 1923.

2

, . .

6~ 19711 ~ n & t e n Q ~ e . of Internal Securiry 97

(2) In the case of any foreigner to whom sub-section (I) applies, s e e tions 10 to 13 shall have effect subject to the following modifications, namely : -

(a) in section 10, for the words 'shall, within thirty days", the words "may, at any time prior to but in no case later than three months before the expiration of two years" shall be substituted;

( b ) in section 11,-

(i) in sub-section (I), for the words "from the date of detention", the words "from the date on which reference is made to it" shall be substituted;

(ii) in sub-section (2), fox the words "the detention of the perqpp concerned", the words "the continued detention of the person concerned" shall be substituted;

( c ) in section 12, for the words "for the detention" in both the places where they occur, the words "for th,e 'continued detention" * shall be substituted;

:!,"ry ,.. 1.-. . &i 3

. . :p ,: . . . : < ; '

( d ) i n section 13, for. the words 3welve rqnths", the words ''three . .. i

.. . -- .__-------~--_I_. .;___ .- - . .. . . . .. ,. I

,/.; .... . , , , . , . ,. .. .

Ord. 5 ad 18. (I) The Maintenance of Internal Security Ordinance, 1971, is here- Repeal '"'* by repealed, +. and saving.

(2) Notwithstanding such repeal, anfihing done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act had come into force on the 7th day d May, 1971.

THE MYSO'RE APPROPRIATION (No. 2) ACT, 1971

[30th July, 1971.1

Ari Act to authorise payment and appropriation of certain sums from ' ..,and out of 'the ~onsohdated Fund , , of the State of Mysore for

the serviiks'oi the financial year 1971-72.

BE it enacted by Parliam'ent' in the Twenty-second Year of the


1 ',< ' . (>

short title. 1. This Act may be called the isi ire ~ppropriation (No. 2) Act, 1971. ' P

Issue of 2. From and out of the Consolidated Fund of the State of ~ y s o r e , ?

Rs. 5~40,97, $her,e may be paid and applied sums not exceeding thos,e specified in 97~000 out of the column 3 of the Schedule amounting in, the aggregate [in~lusive of the Consolida- sums specified in column 3 of the Schedule to the Mysore Appropriation ted (Vote on Account) Act, 19711 to the sum of five hundred and forty crores, I. of ,g,l. Fund of the state of ninety-seven lakhs and ninety-seven thousand rupees towards defraying Mysorefor the several charges which will come in course of payment during the the year 1971-72.

, financial year 1971-72, in respect of the services specified in column 2 of the Schedule. I

Appropria- 3. The sums authorised to be paid and applied from and out of the tion. Consolidated Fund of the State of Mysore by this Act shall be appro-

priated for the services and purposes expressed in the Schedule in rela- !

tion to the said year.

ACT 23 OF 19~11

. I - NO.

of Vote

- I

2

3

4

' 3 . 6

7

8

- '

;p': : .

!o

11 ,

12

i 3

14

15

. 16, ,, 17

18'

20

. . . . .

. . . . . . . . 2 . , , . ~ . . j : - '.. . . .

. ,~ervides and.purposes ----- . ~

Taxes on -Income other than Corpo- ration Tax ,

LandRevenue . 5,000 4,96,15,000

State Excise Duties , ,

Taxes onvehicles . . . . S a l ~ T a x . . . . Other Taxes and Duties .,.:, ,, : .. 2432,000

. Stamps . . . Registration Fe& . Iitfrest on Debtand Other ObIig&

ttons. Appropriation for Redzc

ance of Debt.

,pariiament, State/U . Legislature ; :., . . . I , I I , ~ ~ P O O . , . . 1,16,ooo ' , 1,12~39,&0 General ~dml'nistration . . , 5,43,15,ooo r7,45,000 . S,6.0,60aooo

'Administration of Justice , : . Jails : . . . .

:> ,.. . . Police . . . . . . . Supplies and Disposals . , . . Miscellaneous Departments . ' . Scientific Depa,rtments . , . : . , Education . , . . Medical, 'public Health and P a k i l i

Planning . . . . . . . . Agriculture,.

21

22

I

1~90,70,00°

1 , 0 8 ~ 6 6 , ~ : . ,

9,70~80,000

3~Soaooo

2,48,58,ooo

S S , ~ S ~ ~ ~

55~83ro4~Oqo "'

I9,52>285ooo . .

Izr48;!8,00p . .

2,61,~4,000 . . .

2,7i,g7,000,

3 ~ 7 0 ~ 3 4 ~ 0 0 ~

I5~93,I3,oc"J .

,

5,64,28,0~0

1~43,23,000

9,7I~IO,OOO .

14,20,56,ooo

: ;

- 4,13,85,000

Rural Development . ,AnirnalHusbandry . .

. , : . ,-31,95,000 ,, , - . ,,

. . J,Q~JO. . - . * ' . ! . ,.

3.0~000. : , .... . . . .

, : ::. 1,000 . . ' : .. < , : , ;

, , ' . 2,ooa .

. , , . :( j . . . . .: . ,

. , - : --99,000 . . . . . . . . .

. . . . Z~,$QCZ, i . .

.:,::,.t: * ! :: . . . . . . i . - - JQ,OQD .

, . , . . - . ,

1 : . .. . I ,OOO :;

:. . . r0,OOQ

2,000 ' . . . . . < . . :

, . . . . .

4,000 - -

' ' 5,000 ,

. . .

. , . : 9,000 ,

. . . . , . . . . . . . . . . . . '.' .; > r ._, . . .

. . , . . $;:

~.IO,OOO

23 I ,Co-operation . . . . . . .

~ ~ 2 2 , 6 ~ , ~ 0

.,?,08,67,000 '

. 9r71~10,OOO

,. , ~,SI,OOO

2,48,60,000 , :.

. 5Sd5,000

55,84,03poo ,

I ~ ~ , S ~ J ~ ~ O O O . . . . . . . . . . .

I . ~ ~ ~ , o ~ , o o o

; ~ r ~ . ~ , 2 4 a ~ . . . .

. .

> . .~,77r,g8~000

.3~70,$J>Ooo

.,93,1~,000

. ,. . , ,

. .S,64,3O,o00

' . I , $ ~ , A ? , o ~ , b

. .

. . . . . . 9,+1,1g~ooo : .

. .

do,S6,ooO . . . . . . . . . . .

! 1 j

4,13,9s,ooo

24

25 ;

> ...

2 6

27.

Industries . . ' 'Community Development ~rojccts., ,

National Extension Scrvice - and Local Development Works . '

, Labour and Employment : .

Miscellaneous Social and. Develop- :mental Organisations .

29 Irrigation,. Vavigation, Embanlqneqt . I ' ''and Drariage Works (Commercial)

3 q . .' ~rr iga t ion>~aviga t io , Emb-en! . ' ,ahd 'Drainage Works (No%.Com- . . . . mercial) .

- .- - . " < : . - --- I ' 2

-I__LI

. . . . . . ; 3 >-AL/ --- Sums not qxxceeding

--I-

Nd. Services PP iitp.$ sei Vo.igd b;L .b;ii.t'h';

of Parliament Conqolidated vae Total

Fiiiid' --'-

< . , . . - -- - . - ,

Rs. Rs. RS. *

. . goB ..Capital Outlay oh Irrigation,.Na$j~a, . .

tion, Erh'bdnkment and Dra~nage Works within the Revenue Account z,61,oo,ooo . . . 2,6 r,oo;ooo

31 Public Works , . , . . 37,IO,OO,O@J ~~00,000 37,Iz,oo,ooo

~ I A Capital Outlay on Public Works within the Revenue Account . 5, I2,50,000 Z,~OO' j,12,~1,06~

31 , Pofis und Pllotage . . 12~92>000 . . 12,g2,000 ol ,

133' '

Famine Reflef . . . . 3,5g,o7,ooo . . 3,59,07,0do

3d Pensions and Other ~ c t i ~ ~ d e h f Benefits '. . . . .5,32,02,000 zS,79,ooo 5,57~01,ooo

35 Territorial and PoliticalPensions . I,45~000 72~000 2,17,ooo

36 Pri6Pursc.q nnd Allowances of Indian - 1 . ,

Rulere . . . I~ ,&O: 98,000' ~',II,OOO

37 Station'ery and Printing . . . 1,6g,o5,ooo ZYOOO 1,69,06,000

38 Fo&t . . . . . . 8,29,6o,oco 85~ooa 8,30,45~0oo . , . .

3 6 '

Miste~laneous . . . : 12,34,75~xo io,ooo 1 i ; 3 4 , t ~ ~ ~ h ~

40 Commutation of Pensions '. . 28,9q,ooo . . ,28,g';2,000

4r. Othkr Misc&Pihfieous ~om~&dsiiidti.d' ' , ,

and Assignments . . . x,79,50~000 ~5~OOdJOO 1,94,jo,ooo

42 Payment of Compensation t o Land- , . holders, etc., on the Abolitibn' of the Zarnindari System . , 24,25,000 . . 24J5,OoO

43 Capitaloutlay on Improvement .of Public Health . . , 1 0 , 4 1 , ~ . . 1,18~~1~000

4;1 Capital Outliiy 6n Industrfal ask Economic Development , . 10~24,46,Ooo ,, : . I.O,24,46;000

43 Caplfal Outlay on Irtigatiori, Savi- gation, Embankment and Drainage Wbrks (CXm,rhtrcial) . . 2g,38,5o,cao 5~00~000 ~g,;j$,~o,&d

46 Capital Outlay onlrrigat ion, Nabiga- tion; Embankment and Drainage Works (Non-Commercial) . , 94,~,'330 . . : 94,00,0&

47 Capital Outlay on Electricity chcmcs 25,00,000 . . 2h00,obo

48 I j 50 '

5oA

51

52

53

. . . -- *_I_ --

Capital Outlay on Public Works . Capital Outlay on Ports . . Capital Outlay on Road and Water

Transport Schemes . ,+pita1 Outlay on Forests . Payment of Commuted Value of'

Pensions . capital Outlay on Schemes of Gov-

e r d e n t Trading . . .

4~25~45,000

jb,oO,obo

~,OO,OOO

~f%,oo,Osd.

26,88,Bbo

zo,9'4;gr,6g, .

~;'Jo,ooo

. .

. .

. .

i2'6,6~0

. . .

4,2645,-

S~,oo,kQ0

5,oo,oiio

4a,oo,o66

$ , . _ j

29,14,&

238.j,g7ji&

OF 19711 Mysore Appropriation (No. 2 ) 101

Public Debt-Repaymnt and Inter- , State Settlements . . i ..

No. of

Vote

Loans and Advancrs by StatelUnion 1 1 Territory Governments . a 1 z3,57,44,000

TOTAL . . ( 3,49,71,52,mo r,grY26.45,ooo ' 5,40,97,97,000 - -- I I

- Services and purposes

Suins i l o ~ exceeding ------ Voted by Charged on the Total

Parliament Consolidated I F u n d 1

THE WEST BENGAL APPROPRIATION (No. 2) ACT, 1971

No. 28 OF 1971

[30th July, 19711

An Act to authorise payment and appropriation of certain sums from and out of the Consolidated Fund of the State of West Bengal for the Services of the financial year 1971-72.

BE it enacted by ~ a r l i a m k t in the Twenty-second Year of the Republic of India as follows: -

Short I. This Act may be called the West Bengal Appropriation (No. 2) Act, title. 1971.

Issue of Rs. 8.52.36. 35,000 out of the Con- solidated Fund of the State of West Bengal for the financial

w a r 1971-72.

Appro- priation

2. From and out of the Consolidated Fund of the State of West Bengal there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregrate [inclusive of the sums specified in column 3 of the Schedule to the West Bengal Appropria- tion (Vote on Account) Act, 19711 to the sum of five hundred and fifty- 12 1971. two crores, thirty-six lakhs and thirty-five thousand rupees towards defraying the several charges which will come in course of payment dur- I ing the financial year 1971-72, in respect of the services specified in I column 2 of the Schedule. I

3. The sums authorised to be paid and applied from and out of the Consolidated Fund of the State of West Bengal by this Act shall be 1 appropriated for the services and purposes expressed in the Schedule in 1 relation to the said year. . I I

1

[ACT 28 OF 19711 W e s t Bengal Appropriation (No. 23 103

THE SCHEDULE

(see Section 2 and 3)

I I Rs. I Rs. I - Rs.

Sums not exceeding - - --- Voted by Charged on the Total Parliament Consolidated 1 ' Fund 1

-! '

I---- I

No. I of

Vote

--


- ----

I

3 I State Excise Duties .

Taxes on Income other than Corpora- tion Tax .

z.(

4 1 Taxes on Vehicles .

f Land Revenue . 1 Other Miscellaneous Compensations I and Assignments . . .

, I Payment of Compensation to Land- holders, etc., on the Abolition of the ZamindariSystex . . .

5 ( Sales Tax . .6 , Other Taxes and Duties ,

8 RegistrationFees . ( 85,60,oco

g I Interest on Debt and other Obliga- I tions .

I I,OO,OO,~OO 41,21,68,ooo 1 q2,21,68,000

~\ppropriation for Rc duction or Avoid- ance of Debt . . . 6,i3,04,000 1 6,~3,04,000

Administration of Justice . . . ( 2,54,09,000 ( 86,95,ooo I 3~41,04PJo

Parliament, State,'Union territory Legislature . .

General Administration .

Jails . . , . . 1 2,63,39,Ooo ( f . .. 1 2,63~39,000

Police , . . 1 32,60,62,000 ( . . 1 32,60,62,00

94,27,000

8,82,75,000

I

93,84,000

8,62,33,000

Mis.cellaneouk Departments-Fire Ser- V I C ~ S .

Education . . 1 81,87,88,000 / I . . 1 81,87,88.000

43,000

20,42,000

Miscellaneous Departments-Exclud- ing Fire Services . .

Scientific Departments .

I 87,z7,000 I . . 87~27,000

6172;37J000

, 77,000

. .

. .

104 W e s t Bengal Appropriation (No. 2) [ACT 28

--I-- No. '

Sewices and purposes

1

..................... Sums not exceeding

- Rs.

. .

. . 1,000

,

Voted by Parliament

Rs.

2 4 A 3 8 7 ~ ~

12,28,39,000

I 5 ~ 3 5 ~ 9 9 ~ ~ O

2,67,06,000

73,89,m

2,9?,56,000

16,~8,8?,&0

I,55,51@0

3,08+$1,000

1,86,zo,000

2,70,69,ood

I~,OO,OOO

66,83,000

. .

I

Rs.

2443,87,ooq

12,28,39,000

15,36,00,000

- - --_1

Charged on the' Total Consolidated

Fund 1 --

20

, 7,I 2,52,000

8,71,000 I

. .

6,5O,m

.-- ---

Medical . . . .

29

Labour and Employment . . 5,87,34,oC3J

Miscellaneous Social and Develop- mental Organisations-Welfare of Scheduled Tribes and Castes and Other Backward Classes . , 2,35,34,030

32 , Miscellaneous Social and Develop- mental Organisations-Excluding Welfare of Scheduled Tribes and Castes and Other Backward Classes. 1,91,58,Ow

National Extension Service and Local Development dorks . .

1 Capital Outlay on Other Works- Community Development Projects,

I National Extension Service and Local Development Works ,

21 \ Public Health . . . 1 r Agriculture-Agriculture ,

22 1 Capital Outlay on Schemes of Agri- , 1 cultural Improvement and Research I

Agricalture-Fisheries . 23 1 f Animal Husbandry . :

Capital Outlay on Schemes of Gov- ernment Trading-Greater Calcutta Milk Supply Scheme . . .

Loans for Community Development Projects, National Extension Ser- vice and Local Development Works

Loans and Advances under Com-

, I munity Development Projects, Na- tional Extension Service and Local Development Wwks . .

25

26

Co-operation . . . . :

r Industries-Industries . . < Capital Outlay on Industrial and 1 Economic Development . . .

I

27

28

i

r Industries-Cottage Industries . 4 Capital Outlay on Industrial and

Economic Development-Cottage Industries . . . .

Industries-Cinchona . . . f Interest on Debt and Other Obliga-

tions-Community Development / Projects, National Extension Sewice

I and Local Development Works . Community Development Projects,

OF 19711 West Bengal Appropriation (No . 2) 105

I

- No of

Vote

L -

33

34

2

-- Services and purposes

I___- -- f Multi-purpose River Schemes . I

Irrigation, Navigation, Embankment and Drainage Works (Commercial).

Irrigation, Navigation, Embankment and Drainage Works (Non-Com- I mercial) . . . .

1 Capital Outlay on Multi-purpose 4 River Schemes. . . . .

I Capital Outlay on Irrigation, Naviga- tion, Embankment and Drainage

- .

3

.--d----------------

- -.

Sums ---- Voted by

Parliament

- Rs.

6,88,86,000

1,22,80,000

4,37,76,000

3,I 5,00,Ow

. .

. .

. .

. .

. .

. .

4,76,OOO

5,000

. .

. .

. . 3994,000

2,06,000

. .

. . zz,Ooo

2,3O,OOO

6,67,89,000

3,33>29~000

I9,70,000

,85,96,000

9,20,000

4,57>43,000

3,62,92,000

9,4 5,000

27,000

1,17,3Q,000

3,26,47rooo

I 1~47~96,000

3,21,06,o00

40~I3,oOO

1,81,76,000

. Capital Outlay on Greater Calcutta Development Scheme . . .

6,67,8g,000

3~32 "9,000

I~,~u,ooo

85,96,000

9,f 0,000

4,57~43,000

3,67568,000

9,50~000

27,000

I.I7,36,0m

3 9 6 $7,000

I ~,51,9.~,000

3,23,12,000

40,13,000

1,81,76,~~m

4,36,67,000

~,~S,SO,OOO 1 Capital Outlay on Other

Works (Commercial) . . . 1 Capital Outlay on Irrigation, Navi-

36

37

38

not exceeding -----

. .

. . 20,78,000

k~ ,89 ,000

Ports and Pilotage . Road and Water Transport Sche- f mes. . , .

4 ( Capital Outlay on Road and Water 1 Transport Schemes . . Famine Relief . . . . r Pensions and Other Retirement Bene-

Cbrged on the Consolidated

Fund

I,40,89,000

1,30,39,000

16,17,g6,000

Total

1 gation, Embankment and Drainage

-! fits .

39 )

I 1 Payments of Commuted Value of 1 Pensions .

Works (Non-Commercial) . Public Works . . . . .

Calcutta Development

40

41

42

43

44

45

46

47

--- , Rs.

. .

. .

20,000

. .

Ia30,39,000

15,97,r8,ooo

Privy Purses and Allowances of Indian Rulers .

Stationery and Printing . Forest . . . . . Miscellaneous-Contributions . . Miscellaneous-Panchayats . . Miscellaneous-Sports . Miscellaneous-Civil Defence .

I Miscellaneous-Other Miscellaneous Expenditme .

4

- - - Rs.

6,88,86,000

1,22,80,080

4,37>96,000

3,~5,00,000

106 West Bengal Appropriation (No. 2) [ACT 28 OF 19711

Vote i I Sums not exceeding Services and pllrposes I--- -- --

Voted by Charged on I Parliament the Consoli- , Total

dated Fund I

Interest on Debt and Other Obligations- Expenditllre oil Displaced Persons .

I I Miscellaneolls-Irrecoverable Loans to Dis. placed Persons-Written Off .

' I Miscellaneous-Expendit~~re on Displaced l i persons . Capital Olltlay on Other Works-Expendi-

I ture on Displaced Perosris . I I 1 Loans for Displaced Persons . I , , I / Loans and Advances to Displaced Persons

1 bre-partition Payments . Capital Outlay on Multi-p~lrpose River

Schemes-Damodar Valley Project . 1 Capital Outlay on Public Works .

Capital Outlay on Schemes of Government Trading .

Rs.

. .

I l'aa'aOO I

Rs. Rs.

3,37,000

!

1 Pe~manenl Debt . . I . . I 7,79,69,009 ( 7,79,69.060

I Other Loans . . . 1 78,92,000 / 78.92,aaa

53 Loans from Central Govrenment (Excluding Loans for Community Development Pro- jects, etc. and Displaced Persons) . . \ .. 49,66,9J,000 ~4g166~gI~aoa

54 Loans and Advances by State/Union Territory Governments . . 26,a4,ss,aaa 1 I I . . 26,~4,55,ma

Gujarat Act 4 of 1971.

THE GUJARAT APPROPRIATION ACT, 1971

NO. 29 OF 1 9 7 1

[30th July, 19711

An Act to authorise payment and appropriation of certain sums from and out of the Consolidated Fund of the State of Gujarat For

, the Services of the financial year 197 1-72.

BE it enacted by Parliament in the Twenty-second Year of the Republic of lndia as follows:-

1. This Act may be called the Gujarat Appropriation Act, 1971. Short title,

2. From and out of the Consolidated Fund of the State of Gujarat there may be paid and applied sums not exceeding those specified in column 4 of the Schedule amounting in the aggregate [inclusive of the sums specified in column 4 of the Schedule to the Gujarat Appropriation (Vote on Account) Act, 19711 to the sum of three hundred and eighty crores, five lakhs, seventy-nine thousand and seven hundred rupees towards defraying the several charges which will come in course of payment during the financial year 1971-72 in respect of the services specified in column 2 of the Schedule.

Issue of Rs. 3,80,05,

79,700 out of the Con- solidated Fund of the State of Gujarat for the financial , year 1971-72.

3. The sums authorised to be paid and applied from and out of the Appropria- Consolidated Fund of the State of Gujarat by this Act shall be appro- tion. priated for the services and purposes expressed in the Schedule in rela- tlon to the said year.

Gujarat Appropriation [ACT 26

THE SCHEDULE


-- No. of

Vote

-

I

2

3

4

5

6

7

- -


-

A.-EXPENDITURE ON KEVENUE ACCOUNT

General Administra- tion Department

State Legislature ,

General Administration Department

Territbrial and Politi- cal Pensions .

Privy Purses and All- owances of Indian Rulers

Other Revenue Expen- diture pertaining to General Administra- tion Department.

Finance Department

Saes Tax . Interest on Debt and

other Obligations.

--

Heads of Account

------

18. Parliament, Ststel Union territory Legislatures .

19. Gencral Adminis- tration . .

66. Territorial and Political Pensions

67. PrivyPurses and Allowances of Indian Rsllers .

26. Miscellaneous [ Departments 1 1 39. Miscellaneous ( Social and De- 1

velopmental Organisations

8

g

10

I

11

12

- - -

Appropn'ation for Re- duction or Avoidance of Debt. .

Finance Department .

Other Revenue Expen- dirure pertaining to Finsnce Department .

Pensions and Other Retirement Benefits

Legal Department

Legal Department .

19,81,88,000

9~45~75,000

96,90,000

~,32,96,000

2,77~60,ooo

I2,13,000

I_-

I9,81,88,000

9~45,$'5,ooo

. .

1,08,06,ooO

39,9I~ooo

. .

Obligations.

17. Appropriation for Reduction or Avoidance of Debt. .

19. General Admi- nistration

13. Other Taxes r and Duties j 26. Miscellaneous 1 Departments I

171. Miscellaneous J

65. Pensions and other Retire- ment Benefits.

19. General Adrni-

---

Total

--- Rs.

62,1o,ooo

41,10,000

1~88,000

3,06,000

46,94,000

1,15,65,000

Sums not exceeding

. .

. .

96,90,000

4,2~J90,00~

2,37,69,00o

- I

I Voted

- Rs.

6~,10,0oo

29~81,000

1~45,000

3,05,000

46J9~J000

IO,OOO

nirtraation . I 12,1~,000

71. Miscellaneous


---- Rs.

. .

II,2$,000

43,000

I,OOO

. .

12. Sales Tax . 16. Interest on Debt

and other

1,15,55,00o

'4

Sums not exceeding No. Services and purposes Heeds of Account -I , C I 1 Vl

vote 1 _ I - - - - -I-

Rs.

Other Revenue Expen- diture pertaining to Legal Department.

13 I Administration of Justice. .

f26. Miscellaneous ( , Departments ,! 171. Miscellaneous J

2 I. Administration of Justice .

Public Works Department

1,67,41,ooo z3,46,000 1,g0,87,000 I I

Public Works Depart- 19. General Admi- I6 1 ment. nistration I 8,00,000

15

Irrigation and Navi- gation.

Interest on Debt and Other Obligations pertaining to Public Works Department

(42. Multi-purpose'l I River Schemes I 43. Irrigation, 11

and Drainage Works (Non-

1 commercial) 1 I J I

16. Interest on Debt and Other Obligations

Navigation, I Embankment I and Drainage

Works (Com- mercial)

44. Irrigation, Navigation,

I Embankment

>

19 I Public Works . . 1 so. Public Works I

18

20 1 Ports a" Pilotage Pilotage

1 Revenue Depar tment I I

Other Revenue Ex- penditure pertaining to Public Works Department.

21 I Land Revenue . ( 9. Land Revenue . I

(26. Miscellaneous 1 Departments I i2.. Scientific De- )

partments I 71. Miscellaneous J

14. Stamps . 22 1 Stamps and Registration IS. Registration 1 ' I

24 1 Revcnuc Department I?. Generpl Admi- I nistration .

23

2s I Dangs District . I 33A. Dangs District ( 26 1 Famine Relief . . 1 64. Famine Relief I

Interest on Debt and Other Obligations pertaining to Revenue Department.

16. Interest on Debt and Other Obligations .

' , ~

i 10 Gujarat Appropriation [ACT 26 --

2 I --

No. Services and purposes Heads of Account of

Vote

27 Other Revenue Expen- (71. Miscellanous

Panchayats and Health Departmeilt

chayats and Health Department .

I7,49,000

30 Medical . 29. Medical

31 Public Health . . 200 9,96,92,200

32 Fanlily Planning . 30A. Family Pla

Service and Local Development Works

8,22,11,000 1,03,000 8,23,14,000

Edudation and La- bohr Department

200 21,09,200

5,21,000 5,21,000 tion and Labour Department.

OF 1971 1 Gujarat Appropriation I I I

No. of Vote

Sums not exceeding Services and purposes I Heads of Account I--- I -- I ' Voted Charged on

the Consoli. dated Fund

Total

I ( Rs. 1 Rs. I Rs.

Education and Labour Department: . 19. General

Administration

Education 28. Education ,

Labour & Employment 38. Labour and Employment .

'27. Scientific 7 Departments

34. Co-operation 1 35. Industries 39. Miscellaueous 1

Social and Developmen- tal Organisa- tions . I

Other Revenue Expen- diture pertaining to Education & Labour Department . .

Pensions and Other Retirement Benefits.

65. Pensions and Other Retire- ment Benefits.

Home Department

Taxes on Vehi cles and Other Taxes and Duties pertaining to Home Department.

I (11. Taxes on Vehicles . 3

13. Other Taxes 1 i and Duties . Home Department . 19. General

Administration 36,46,000

Jails . . . I 22. Jails

Police . . . ( 23. police . ( 1q,z6,6o,ooo

Other Revenue Expen- r 26. Miscellaneous 1 diture pertaining to 1 Departments. I Home Department. I 39. Miscellaneous [

I Social and Developmen- \ 1 tal Organisa- tions - 1 i71. ~iscellaneous ).

Industries, Mines and Power Department I

Other Taxes and Duties pertaiqing to Indus- tries, Mines and Power Department.

13. Other Taxes and Duties .

Industries, Mines and Power Department.

Industries . 19. General

Administration

35. Industries

68. Stationery and Printing . Stationery and Printing

Miscell&eous ,Expen- diture pertaining to Industries, .Mines, and Power Depart- ment. . . .

I 12 Gujarat Appropriation Acti 29

Services and purposes Heads of Account Sums not exceedi lg

I - - Voted Charged on Total

the Consoli- 1 1 dated Fund 1

16. Interest on D e t and Other Obligations ,

Rs. Rs.

Agriculture, Forests and Co-operation Department

Rs.

Interest on Debt and Other Obligations

' pertaining to Agri- culture, Forests and Co-op ?ration Depart- ment . . .

19. General Administration

31. Agriculture .

Agriculture, Forests and Co-operation Depart- ment.

Agriculture . Aninlal Husbandry 1 33. Animal Husbandry

Co-operation , I 34. Co-operation . 35. Industries I Fisheries . I

F o r ~ s t 70. Forest ( g. Land Revenue 26. Miscellaneous

Departments 27. Scientific

Departments Other RevenueEx~en- 39. M i s c e h ~ e o u s

diture pertaining to 1 social and Agriculture, Forests I DevelOprnen- and Co-operation 1 talorganisa- Ijepartment . ticns

64. F a m l ~ ~ e Icelief 71. Miscellaneous

Civil Supplies De- partment

Civil Supplies Depart- 19. General I ment. Administration I

dujarat Legislature Secretariat ' I

parli~ment and State 18. Parliament, Legislature. , . Statelunion

Territory Le- gislatures .

B.-EXPENDITURE ON CAPITAL ACCOUNT

'Z*''rn qd <$J

Finance 'Department

payment of Commuted 120. Payment Vdue of Pensions . Commuted

Value of Pensions I

OF 1971 Gujarat Appropriation 113

Public Works Depart- ment

Capital Outlay on In- dustrial and Econo- mic Development .

Capital Outlay on Irrigation and Navi- gation . .

96. Capital Outlay on Industrial and Economic Development .

98. Capital Outlay on Multi- 1 purpose River I Schemes

99. capital Outlay I 1 on Irrigation, I Navigation, (

-/ ~ Z b E Z ~ ~ ~ e I Works (Com- 1 mercial) .

roo. Capital Out- lay on Irriga- tion, Navi-

, gation, Em- bankment and Drainage

Sums not exceeding -I I----

Voted Charged on the Consoli- Total dated Fund

66 Capital Outlay On pub- 110). Capital Outlay on

' I lic Works . . I Public Works .

Rs.

1~54~000

Expenditure on Capital for Gujarat .

Capital Outlay on Ports

"~evenue Department

Rs.

. .

107. Expenditure on Capital for Gujarat .

Rs.

1~54,000

69

110. Capital Outlay on Ports .

Compensation tn Land- holders . . 92. Payment of

Compensation tc Land -holders, etc., on the Abolition of Zamindari System .

Capital Outlay on Other rog. Capital Outlay on 70 I works pertaining to Other Works .

Revenue Department I

Panchayats and Health Department

&pita1 Outlay on Pub- 94. Capital Outlay lic Health and Irri-

. I on Improve- gation, etc. . ment of Public

Hea l th . , \

Capital Outlay on 124. Capital Outlay Schemes of Govern- on Schemes of ment Trading per- Government taininn to Panchayats Trading . and Health Depart- , ment

114 Gujarat Appropriation [ACT 29

I

- No. of Vote

-

,- -- 2


-----I_- I_

3

Heads of Account

---__-

- 4

96. Capital Outlay on Industrial and Economic Development .

96. Capital Outlay on Industrial and Economic Development.

96. Capital Outlajr on Industrial and Economic Development.

98. Capital Outlay on Multi-purpose River Schemes .

95. Capital Outlay on Schemes of Agricultural Improvement and Research .

96. Capital* Outlay on Ipdustrial and Economic

Uevelop'qent .

109- Capital Outlay on Other Works

719. Capital Outlay on Forests ,

124. Capital Outlay on Schemes of Government Trading .

' Bducat ionandLabour I Department

73 1 capital Outlay on In- dustrial and Econo- I micDevelopment .

ture, Forests and Co- operation Depart- ment .

5 1 --

I . :

-.----

Total

- * L -

Rs ,

E~,OQ,WO

~,oo,oo,ooo

1,86,0q,soc

~ ,OO,~O~COO

16,,s6poO

2,47,42,W0

50,000 I

r49,5-32?00

F37,74~0@3

Sums - Voted

_3---

Rs.

2,00,000

I,OO,OO,OOO

1,86,03,ooo

g,oo,oo,poo

16,16,ooo

2,47,42,000

50,000

49,5&000

37,74,000

I

74

75

75

9

77

78

79

80

81

not exceeding -I--e-


- Rs.

. .

. .

1,500

. .

. .

. .

. . \

. .

. .

_I_

H o m e Depar tment

Capital Outlay on Industrial and Eco- nomic Development .

Industries, Mines a n d Power Depar tment ,

Capital Outlay on Industrial and Eco- nomic Development

Capital Outlay on Multi-purpose River Schemes .

Agriculture, Forests a n d Co-operation Depar tment

Capital Outlay on Agriculture .

Capital Outlay on Industrial and Eco- nomic Deve1op:nent

Capital Outlay on Other Works pertaining to Agriculture, Forests and C6- operation Depart- ment .

Capital Outlay on Forests. . . .

Cauital Outlay on Schemes of Govern- ment Trading per- tainina to Agicul-

n i

I - No. of Vote

-

s2

85

88

' go

92

J

i9,i j -- -- -

2


Civil Supplies Department

Capital Outlay on% Schemes of Govern- ment Trading pertaining to Civll Sup- plies1 Department .

C.-EXPENDITURE UNDER DEBT HEADS

Finance Department

Public Debt-Perma- nent Debt .

Public Debt-Loans from the Central Government .

Loans and -4dvances pertaining to the Finance Department

Inter-State Settlemellt

IPuBlia Works Depart- ment

Public Debt-Other 1 ~ o a n s . .

Loans and Advanccs pertaining to the Public Works De- piirtment . .

Revenue Department

Public Debt in respect of Land Compensa- tion Bonds .

i Loans and Advances pertaining to Revenue Department .

Panchayats and Health Department

Public Debt-Other Loans . .

Loans and Advances pertaining to Pan- chayats and Health Department.

&jarat Appropriation i 13

3 I -----I-

Heads of Account

124. Capital Outlay on Schemes of Government Trading .

0. Public Debt- Permanent Debt .

0. Public Debt- Loans from the Central Govern- ment . .

Q, Loans and Ad- vances by State Government.

R. Inter-State Settlement .

0. Public Debt- Other Loans .

Q. Loans and Ad- vances by State Government ,

0. Public Debt- Permanent Debt

Q. Loans and Ad- vances by State Government .

3

0. Public Debt- Other Loans. -


4

Sums -- Voted

Rs.

37,1o,zo,ooo

. .

. .

4I,50,000

. .

. . ,

2,16,oo,ooo ,

, .

2,60,17,00o

. .

7~55~000

------- not exceeding --


-- Rs.

-- Total

-- Rs.

I

10~000

1>44>04~000

27r44~I7,Ooo

. .

3~58~00,000

~0,0~,000

. .

20~00,000

37~I0,30,000

',44,04,000

27,44,17,000

4I,50,000

3,s8,00,000

10j0I,000

~,IG,oQ~ooo

ZO,OO,OOO I . . 1 ;,6o,r7,ooo

7r,ooo 1 E71,ooo

. . 7a55,oo

No. of

vote

-

I Sums not exceeding Services and purposes I Heads of Account 1 I -

Education and Labour Department . I

I Voted

Loans and Advances pertaining to Educa- tion and Labour Department .

Home Department

Loans and Advances pertaining to Home Department .


Industries, Mines and . Power Department

Total

Loans and Advances pertaining to Indus- tries, Mines and Power Department .

Agriculture, Forests and Co-operation Department

Public Debt-Other] Loans . .

Loans and Advances pertaining to Agri- culture, Forests and Co-operation Depart metlt .

Civil Supplies De- partment

Loans and Advances pcrtaiiiing to Civil Supplies Depart- ment . .

General Administra- tion Department

Loans and Advances pertaining to General Administration De- partment . .

I



Rs.

C I ,02,8z,ooo

Rs. Rs.

Q. Public Debt- Other Loans .

Q. Loans and Ad vances by State Government .


Q. Loans and Ad- vances by State Government . 4,50,00,000


9,38,16,0oo . . 9,38,r6,ooo

. . . .

THE , : ; . : I . , . APPKOPRIATION ..,., ,( f! ;:iz.:5c,. (No. 2) ACT, 1971

, . - . - . I..

. # , . i , , ! . . . . . . , ,,,, ,i N o 30 oz 1971 : . : , *? ;, :,J

. " ' i . . . . . . . . . . . < .

. . :; i . ,- . . I ' > ( . . : . . ' i i

' . . ,;;, ;:;.i.i.', . . . . . . . . . ,. , , :

. . . . ,. , I

. . I . . . . :; :, . ,, ! . . . . . . , . . : : . i

I . .

! [3lst JI&, 19711 ' .. , , . :,.;:

: : ::. i', > . r

. . . .

A.n Act ~ a u t h o r i s e payment' i ,,,.. and, ,, appropriati'oniaf . : , . . cer6iii sl\md' A: Fr8h :

and ..,. put of the Consolidated . :._ Fund , L ,i; of India I . :I .fw tjles,e,ryjqs :of; qhf financial year 197 1-72. . * ~ ,

, : . . ) . , . . ' :, . . : : .. . . . . . ' , . , :i : : : i

E i t enacted by Parliament $;the Twenty-second Year of the &ep.qblic . . 3 6 . $ . . . <: of India as follows: -' !

. . . . . . : ' I , . . ! . . . . , .. , . . ,

. . . 3 . . . . i , j I > $ . :;!I , $ . . . . . . .

TI .This- Act may be called the ~ p ~ r o b r i a t i o n (No. 2 ) %df' 197'1.. . short . . . . .. ..., : r - i ; . . . >, . >I ' . . , . . , ~ < , . . . ~ , . . title.

. . . . . 2 T i , ,

2.' From and out o f the Consolidated Fund of ~ ~ h i i the& may b e ,I,ue of -. . . ' , ,:. <. . ;; :! ..: :..!, ,.>r t*r< ! ,.o.T Rs.

. . paid and applied sums not exceeding thqse 'sp~ifii$$.,~in' . w i & ~ k ,&,of the 1,76,74,00, > , < ScB@dule a&iounting in the aggregate [inclusive' o f ' t i 6 $uhif speclfiedi in ";000

. .,.. :!. (, . , . , ; I out of tpe colhmn 3 of the Schedule to- the Appropriation (Vote on Accoulitl ,Act: Consolt-

. dated 6 of 1971. 19711 to the sum of seventeen thousand, six rhun$r$$ , , . . . . . , . .;. ' E J I $ , , $ $ $ ~ ~ $ ~ -f&f ~ u n d of

( Indlafor csares and eleven thousand rupees- towards defraying the' $e.V~i$li Charges the year

1971-72. which !>?,,~, ..... :

Come in course of , payment during the !fi&ndihlip&8ri:~g?$-72 "

. . . . : c ! . . . . . , :>l;: ; , ! :+t

in- respect of the services specified' i n column 2 of the Schedule. I ,. -. , i . , > , * , . . . : . : . . . ' : - t

3. The sums autharised to be paid and applied from' and out of hh6 ilppro-, i ..... : . , : I . . . ..;i'r

C~n~oUdated . . . . . . Fund qf India by this Act shall be iip:fir~pji&<~d, ,f$: !t@ pfiation. : seryices . . . . . . . . and purposes expressed in the Schedule in relation to 1k.q: sat4

. . I

ee>y. . . I

Appropriation (No. 2) [ACT 38

THE SCHEDULE

(See sections 2 and 3) __- _.1 ,...- . 1_ . .._/ 3

------ -----

Total

----- Rs.

1 ~ 2 1,79,000

8,13,8q,60,000

59~~9,40,000

2~4496~00,000

47,30,00,000

I,00,57~000

73 ,12186 ,~~

=Y49a59,ooo

Z4,16,000

6j8~~,68,oo0

3~,38,os,ooo

21,99,63,~0

18,87,23,000

9~54~5I100O

I9>09,41,000

20,08,26,~0

4 ~ 8 7 ~ 6 ~ ~ 0 0 0

32>33,27,ooo

16,60,~1,000

No. of

Vote[ Services and purposes

Sums

Voted by Parliament

---- Rs .

1,2I,79,000

8,1 3,76,00,000

5 9 ~ ~ 9 , ~ 0 ~ ~ 0 0

2~44,95,0O,OOO

47,3400,000

I,00,57y000

73~I2,86,000

2949: 59,ooo

24,I6,000

. 6,85,68,000

32,38,oo,ooo

21,99,63,000

18,87,23,000

9,54,0f,OOO

Ig,OS,g 1,000

20~06, IO,OOO

4~87,65,000

31,80,0o,ooo

16,6o,z1,ooo

\

-

I

z

r : 3

not exceeding --

Charged on the Consolidated Fund

-------- Rs.

. . 8,6o,ooo

40,000

I,OO,OOO

. .

. .

. .

. .

. .

. . 5,000

. .

. . 50,000

50,000

z,16,ooo

. . 5.?,27,000

. .

- - - -

Rak~ha MantralayaIMinistry of Defence

Defence Services, Effective- Army

b't \') '

Defence Seryices, Effective- Navy . . efen e, S ~ f v i ~ e s , . Effpctive- d , ! bbrde

'i' ; dgf&n& ' skhices,~on-~ffect ive

6 Shiksha VibhagIDepartment of Education .

9 ' g

& , I ? * * -

' ' ' 9 .

, , ' I

7); 10 1 . 4 t I : I '?"

* ? ' J ) l t 1 ' lt! I:, j , <,

1 ,;,, f3. ' 4>5,

7c rl!rrl qz, , ,! ,!

' r T r 711 ., 1 - , ? ( > ;

13

14

r j L , . * < %

r,fil ,

k j f t 8

I

z,,

~tldkatibh ' . . . Other Revenue Expenditure of

Shiksha Vibhag/Departmet~t Q! fiducatipn . .

Samaj Kalyan Vibhagl Depart- ment of S s i a l Welfare .

I i f ! I )

0 t h ~ Reve~ue Expenditure of 59md]%k1$9h Vibhag/De- partment of Social Welfare .

, f ! , , . Exter~al Affairs . \Other .Kqvenue Ekpenditure of

~ f d e s h M%ntfalaya/Ministry \, of Ex{e??al Affairs.

, Yitta @antralaga/Ministry of Pinance . . .

Customs . . jJnion Excise Duties . T, es op Income including Cor-

Bration Tax, etc.

~ i & p s . . Audit . . Currency and Coinage

--

E ) ~

I -- No. of

Vote

--

20

21

22

23

24

25

26

27

a8

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

e-

I W I ~ --

a -


Mint . . Kolar Gold Mines

Pensions and Other Retirement Benefits . .

Opium Fa-ctories and Alkaloid Works ,

Other Revenue Expenditure of Vitta MantralayafMinistry of Finance . .

Grants-in-aid to State and Union Territory Governments .

Miscellaneous Adjustments between the Central and St ate and Union Territory Governments

Pre-partition payments . C H A R G E D . - I ~ ~ ~ ~ ~ ~ ~ on Debt and

Other Oblkations and Reduction or Avoidance of Debt .

CH~~GED.-Payrnents of States' Share of Union Excise Duties

Krishi MantralayalMinistry of Agriculture

Agriculture . Payments to Indian Council of

Agricultural Research . . Forest . . - Other Revenue Expenditure of

Krishi MantralayalMini~tr~ of Agriculture . .

Videsh Vyapar Mantralayal Ministry of Foreign Trade

Foreign Trade . . . I

Other Revenue Expenditure of Videsh Vyapar Mantralayal Ministry of Foreign Trade .

Swasthya Aur Parivar Niyojan MantralayalMinistry of Health ' and Family Planning .

Medical and Public Health

Grih MantralayalMinistry of Home Affairs . .

MantrimandallCabinet

Karmik VibhaglDepartment of Personnel . .

Police

census . . Statistics

Privy Purses and Allowances of Indian Rulers . . . -

. ,

Approprinrion (NO. 25 iiG!

3 _ --.

Voted by Parliament - - - - - - -

Rs. 4~56,05,000

8, 1~~67,000

I O , ~ 1,26,ooo

6,82,19,0oo

32,26,34,000

6,44,84,83,000

5~,04,000

54,000 \

. .

. . 2,10J55.000

19,91,04,000

23,78,75,-

2,12,01,000

66,93,76,000

56,61,000 '

I,06,19,09,000 ,

7,75,g8,000

It49~8 1,W

27,63, 10,000

I,46,3 I~OOO

84,66,m

4~08,44,000

77~67,37,@30

~o,go,g~,ooo

4r75~67,ooo

I,7S,m

______-------I_----

Sums not exceeding

Charged on the ConsolidqtedFtrnd ----

Rs. . . . . 25,20,000

1,000

r,ooo

I,46,85,0o,ooo

. . 5,22,000

6,48,43,86,000

4, ~0,84,64,000

. .

. . .,

. .

. . I-\

, ro ,oo~

. .

. . 1 r , l , c l

. - : . . t J :

. . ,

. . 1,000 ,

. .

. ,

. .

. .

. . 4166J58,g~o

-. . ------- ;b% Total - [ . #

--- R%.

~ , S ~ , ~ S , O O O

8, I~,67,000

I~ ,5~ ,46 ,000

6,8~,~0,000

32J26,35,~3

7~91,69,83,ooo

55,04,000

5376,000

t

6,48,43,86,000

4 2 2 ;84,64,00 3

' ~ J ~ O J ~ S J ~

I I?1,04,OQO . 7 , s

~ ~ J ~ ~ J ~ s ~ o o o

r1 ' / I

~,IZ,OI,OOO , I (l"( ) 11 1

& I ; i? . L , I

, 6 .693 ,86p~

s a s . , l ~ c ' , T

.; lj6,61,000 , >. ( <

1 > 0 6 , 1 9 ; ~ J ~ . i c

,/ , I *

1' .. 757S:9&,000 > 4 q i '

a,49,81,cloo 3 I <

r27,63,10,000

I r b ,.' Ia46~32:000

i 3

84,66000

4>98>44,000

77 ,~7~37~000

1 ~ ~ ~ ~ ~ ~ ~ 0 0 0 , i r

47Srj,67,000

4,6i(;33,&6 - -

h& Appropia tion (No. 2) [ACT 3'

Rs. Rs. 45 Territorial and Political Pensions 28,30,000 28,3o,ooo O F , & P I < 46 Delhi / " 34,98,?00 I i , , I

59,92,25,000

-A --

48 Andaman and Nicobar Islands 11,08,57,0oo .' ~ , W O O - I~,b8,61,ooo 6 C - ' " ,. . 49 Tribal Areas . , . . . 28,14,53,000

< ,

50 Dadra and Nagar Haveli Area . . - 87,57,000

Laccadive, Minicoy and Amin- divi Islands i 1,82,46,000 1,82,46,000 ~. - , j ,

3 ---------------- Sums not exceeding

L.L-----VLL~--

(VotNlby , Charged on the Total payliament Consolidated Fund - - -------- -----

+ - " -- No.-- of

Vote

--

Other Revenue ~xpenditule of Grih MantralayaIMinistry of I i Home Affairs . . . 1~,gG,30,0oo 1 . .. 12,96,30,0oo

-- - -2 I

d $ 7 : r - I - I L

S erviees and pu~poses - - --------- -

?

L, 2

53

56

' I

- d , ,

Audyogik Vikas Mantralayal Ministry of Industrial Development . . .

s7

58 > jg '

, ; . : ,

60

: < I

d><*

61 -

62

63

64

65 ,', )

56

67 - -

58

69

sObh'er Revenue Expenditure of Audyogik Vikas Mantralayal Ministry of Industrial Develop-

& ment . . . . .

77,433000

Sooohana Aur Prasaran Mantralayal Ministry of Information and Broadcasting

broadcasting . . . . other Revenue Expenditure of

Soochana Aur Prasaran Man- tralayalMinistry of Information

,.: md: BroadcasJing . . . !p, .I ' I

Sinchai Aur Vidyut Mantralayal $Ministry of Irrigation and .

i :' .power , , . . . . . . , t i . .: '>Multi-purpose River Schemes

Other Revenue Expenditure of rSrnchai Aur Vidyut Mantralayal Ministry of Irrigation and Power . . . . .

Shram Aur Punarvas Mantralayal Ministry of Labour and Reha- bilitation . .

~ i r e c t o r General, Mines Safety , .

"absur and Employment . I

' , \ r $

Eppenditure on Displaced Persons

Other Revenue Expenditure of . Shram Aur Punarvas Mantra-

'lafBIMinistry of Labour and - .~ehLbilitation . . <,A r

Vidhi Aur Nyaya Mantralayal 'Ministry of Law and Justice

Administration of Justice -

. . 77~43,000 > I

15,v4,46,000

32,36,000

16,44,92,000

I

, 9,63,33,000

6 ,. ', 46,14,000

3,37,21,000

,

I 1,42,67,@00

I,I 3964,000

62,83,000

I 25,52,60,000

+ 41,57,45,000 '

.

9,67,000

1,02,90,000

2,47,000

5

. . 15,74,46,000

. .

. .

1 )

I . . - ,

I . . . .

I'

, . .. '

. .

. . 5>040

4 2,000

. .

..

,32,36,000

I6,44,92,000

I ,

" 9,63,33,000

I , P ,

46,14,000

3~3jj,21,000 3 ,

;

11,42,67,000 I ' I

I,I 3;64,000

62,83,000

25,52,65,000

41~57,87,000

%67,000

1,02,90,000 I 36;85.000, ; 39,3z,oob - -

197x3

I I --

N2. of

Vote

-- 70

71

, 72

72A

73

74 I I

75

76

77 .

78

79

80

81

82

83 '

84

85

86

87

88

89

2 .

go

91

92

Appropriation (No. 2) 121 ,

2 ---------- - - .- -- --- Services aqd purposes

* . ---- ------- - -- -- - Other Revenue Expenditure of

X i h i Aur Nyajra Mantralayal Ministry of Law and Justice .

Pet ro lem Aur Rasayan Mantralayal Minibtry of Petroleum and Che- micals . I .

MantralayalMinistry of ~ l a n h i n g . . .

Yojana AyoglPlanning Commission

Nauwaban Aur Parivahan Man- @alaya/Ministry of Shipping and Transport . . .

Roads . . . . . Mercantile Marine . , . L4ghthouses and Lightships . Other Revenue Expenditure

t d Nauwahan Aur P a ~ ~ h a - n MantralayalMinistry of Ship- [ping and Transport . .

Ispat Aur Khan ~ a n t r a l a ~ a l Ministry of Steel and Mines .

(;ikological Survey . . . Other Revenue Expenditwe of

Ispat Aur Khan Mantralayal Ministry of Steel and Mines .

Paryqtqn Aur Nagar ' ~ i m g n a n MantralayalMiniscry , of TOU- rismcand Civil Aviation ,

Meteorology . . . . i

Aviation . . Other Revenue ~x~e{diqure pf ,

Paryatan Aur Nagar j ~ i d a n a n M$qtralaya/Ministry'of Tgu- rism and Civil Aviati'on ,.

Nirman Aur Awas Mantralayaj Ministry of Works and,Hqqing

Public Works . . . , z

Stationery and Printing , ' . Parmanu Urja Vibhak/Depart- ment of A t ~ m i c Energy . .

Other. Revenue Expenditure of Parmanu Urja VibhaBIDepart-

I

ment of Atomic Energy . . Sanchar Mantralaya/Ministry of

Communications . . . Oversqas Communications

Service . . . . Posts and Telegraphs (Working

Expenses) . . . . ---

s u m s not ---- Voted by Parliament

--- Rs.

6,54,18,000

, I '

7801,ooo

4PO4000 I . ,

1~63~12,000

I J58 ,87 ,0~~

24:4o;r 54060

6,04,98,000

I~40,30,000

6,13,52,000

56,1G,ooo

I4,48,99,000

I7,07~6 L,OOCJ

25,95,000

5,I7,64,000

17,88,18,000

2,g2,06,000

2,61, I 5,000

45J591~6J00~

16,19,60,000

35299,000

54~01,09,000

I~,G@Q

4,74,34,000

2,82,97,17,000

3 ---- ------ A - - -- - - ,

exceeding ----- th'< yv%[email protected] bnsolldafed 1

Fund ----- - Rs.

. .

. . ,

. . ' 1 I . ,

i r

. . ,,> %

re,bbo . ' 5,000

. ,.., I ,

. .

. .

. . I

30,'ooo , .,

. .

. . , , I ?

,. . ! ;

I . . * . .

37,25,000

3,000

. . I

1 '*,

...

. . . . ,

. . ,, Y e , .>

id,ooo

------ -----

~ b t a l

--- --- Rs.

6354, 1 8 ,000

78,01,000 > ; )

4,00,000 1 1

( 1~63~12~000

!:

1~58~87,000 ,

.:: i,4,40,25,000

6 J ~ 5 J ~ 3 , 0 ~ 0

1,4b,30,000

,,

'6,13,5~,ooo

56,16,000

I4~48,99,000

i ,

' f l7~07,g~ooo

2 5 , 9 b W

, 55 ,17J64 ,p~~

I?,~%,I~,ooo I

f C

~,g2 ,od ;~oo

, *: , .2,61,15,000

45'?96~3.x~mo

I $ ~ I ~ , ~ ~ , P o o

a. 35,99,000

I I

~4;01,09,000

y ,. 19,13,000

4,74,j4,'boo

( 5 ~ '. , ~~%k9'r,2.~,000

I - No. of Vote

q --

93

94

95

96

97

98

99

100

IOI

102

103

104

105

106

107

108

109

110

'

111

112

-

2


Posts and Telegraphs-Dividend to General Revenues, Appro- priation to Reserve Funds and Repayments of Loans from General Revenues . . ,

Other Revenue Expenditure of Sanchar MantralayalMinistry of Communications . .

Company Karya VibhagIDepart- ment of Company Affairs

Other Revenue Expenditure of Company Karya Vi bhag/Depart- ment of Company Alrairs .

Electronics VibhaglDepartrnent of

3 -- ----

Total

---- Rs.

25~03,09,000

'47,142,o'ao

34,48,000

84,23,000

Ia29,49aooO

21,42,000

2aIIa86,oOo

3a36r44.000 \

11,18,ooo

1,16,87,000

6,26,51,000

23,21azIa000

1,18,37a000

%72,1~,000

46~51ao00

2r77r20#00

1,14,2g1000

47,92WO

3,46,000

I,I3,28,000

~,6$,38,00,000

4Po,ap,m

Sums not ex~eedihg

Voted by Parliament

-- Rs.

. .

. .

. .

. . I .. I

" . . . . . .

r j , ': " . .. :, ,,,

" ! !*;? ' ' , i * ' I

. . 93;boo

84,000

47,92,000

' ' " . . ' ! ! < -

' 1,13,28,000

io,oo,ooo '

I '

. .

Electronics , . . Ia29,49,000

I Sanskriti Vibhag/L)epartment of

Charged on the Consoli- dated Pund -

Rs.'

Culture . . Archaeology . . . Other Revenue Expenditure of

Sanskriti Vibhag~Depart~ent of Culture . . . .

Sansadiya Karya VibhagIDepart- ment of Parliamentary Affair8 .

Vigyan Aur Pradyogiki Vibhagl Department of Science and Tech- nology - . . .

Survey of India . , . Grants to Council of Scientific and Industrial Research . . .

Poorti VibhagIDepartment of Supply . . .

Supplies and Disposals . . Other .Reyenue Expenditure of Poortl V~bhagIDepartment of supply . . .

Lok Sabha . . . . RajyaSabha . , . . C H A R G E D . - S ~ U ~ ~ Household and

Allowances of the President' . Up-Rashtrapati Sachivalaya/Secre- tariat of the Vice-president .

CHARGED.- Sanghlok Seva Ayogl Union Public Service Commission

Defence Capital Outlay . . Other Capital Putlay of Raksha MantrdayaIM~nistry of De- fence . . . a ( --- -

21,42,oOo

2,11,86,000

s ,

3a36944,m

11,18,ooo

1,1647,000

6,26a51aoOO

23a21~21a000

1

IJr8>37>&+'

4,72,13,&'

46aS1,0& '

2,76,27,000

I,I3,4S3O0O

. .

3,46,000

. . 1,63,28~00,000

4,60,oo,000

. 1 I

25,03,0g,OOO

47,42Jooo

34348,000

84,23aofm

. .

' v.

. . I

. .

I -- No. of

Vote

-

113

Capital Outlay on Currency and Coinage

Chpital Outlay on Mints , . Capital Outlay on Kolar Gold Mines . . . . .

Commuted Value of Pensions ,

Other Capital Outlay of Vitta Mantralaya/Ministry of Finance

114

2 ---_ ' ,

Servicescarid purpdses

-----

Capital Outlay of Shiksha Aur Samaj Kalyan MantralayalMinis- try of Education and Social welfare . . .

Capital Outlay on the India Secu- rity Press . .

Loans and Advances by the Central Government . . I 63~6,6~ ,70 ,00~ p,~6,5o,05,000 1!,53,10~75,~0 I I

120 I Capital Outlay on Grants to State Governments for Development .

I C ~ ~ ~ c i ~ o . - R e p a y m e n t of Debt I . . I r,os,53,r4,dj,mol 1,05,53,14,43,000

3 --- Sums not exceeding

29,52,02,000 I I 29,52,02,000

I Purchase of Foodgrains and Ferti- lizeis . I 1,~3,36,62,000 I I,OI,OOO 1,23r37,63,000 I

Voted by Parlia- ment

Rs.

I,44,55,000

Other Capital Outlay of Krishi MantralayajMinistry of Agricul-

-, ture . Capital Outlay of Videsh Vyapar MantralayajMinistry of Forelgn T r ad c .


R5.

. .

Capital Outlay of Swasthya Aur Parivar Niyojan Mantralayal Ministry of Health and Family Planning . . . .

,I i

' Capi;al Outlay in Union ~ e r r i - tories and Tribal Areas . .

-- Total

Rs.

1,44,5S,OOo

Other Capital Outlay of Grih MantralayaIMinistry of Home Affairs . . .

Capital Outlay o[ Audyogik Vikas Mantralaya/Min~stry of industrial Development .

Capital Outlay on Multi-purpose River Schemes . 10,78a64a000 I . -

Other Capital Outlay of Sinchai Aur Vidyut Mantralaya/Ministry of Irrigation. and Fewer ,

I); ( Capital Outlay on ports , . 10,96,qo,ooo I 5,op,ooo I I 1,01,20,000

I - NO. . o f . vote..

- 132

133

134

,. . . . ~

2 --- 3 - . sums. .nb~...ex&exiing . - .

. . . : . . I . - . -

136 Other Capital Outlay of Nauwa- -ban Aur Parivahan Mantralayal Ministry of Shipping and Trans-

, pbrt

137

138

I40 ( Capital Outlay on Public Works .

ser.vicks .and ' ph$osrs: :!(, ..,..<. . , . ,

, , . ,. . . : . . . . . . I 8 -- .:;i::: ::;i, ,

Capital Outlay of' ~ h r a m Aur Puffarwas &lantral@ya/Ministry of Labour and Rehabilitation : .

Capital Outlay of Petroleum Aur Rasayan Mantralaya/Minis;ry of Fetroleum and Cherpicals ' . .

Capital Outlay on.Roads ,

Capital Outlay of Ispat Aur Khan ~~@ntralaya/Ministry of Steel and Mines . . .

Capital Outlay on Aviation . 139 .

.

Charged on the [email protected].

und

Rs;. .

. . ,: .: . ! ; :<. ,

?. .. :. :... . . .

. . : z,Qo,OQ?

Voted by .sLarlia- . mepq :

k . ---- Rs. I .

. .

7,57~6P.P0p I .:!

,34,96,$1,000

65,67, IJ,oW

Qther Capital Outlay of Paryatan ~ u r Nagar Vimanan MantralayaJ Ministry of Tourism and Civil

. Aviation .. ; .. . , < , . , < . !;

:.. I . . . , . . ' . . . . I : ?435~,$~aooo '

_: . :. . Total :

---- . Rs. . :

7,57,60,0?0 i:, ;' ! !.. !:<.:..'-, .:-? i

. . . :

34,~.%5!,0qO

6549?1.?,009

. . .

141. . . . .

142 :

. . , I . . . . , . .. . : . . . i !

elh hi Capital Outlay . . , . . ; , , . , . . '. ..

/ , . . . . I :.. . : , : : . . . i,.' Other capitai Outlay of Nirman Aur Awas MantralayalMihistry

.: o$..v.o&s and .$Lq&g . .~ .

144 I Capital Outlay on Posts and Tele- graphs (Not met from Revenue) 99,05,00,000

143 Capital Outlay of Parmanu ,Urja VibhaglDepartment of Atomic Ever@ . .

145

. .

Other Capital Outlay of Sanchar MantralayaIMinistry > . . , . munications. . zoh~.oco i... .~ ,~p,qo,~oo

- r ,... 7.r . , ,:. ;,.x . . . .:, 5 ' - - - _ ------- +-----

TOTAL. . . . / P , k 4 , ~ , 9 ~ , ~ o o , ,r ,~~.l i:t l ,~?,om 1 ; ~ 6 y 7 ~ , o o , ~ ~ j ~ o o - -- . . , ... .,, ... ..,,-,..,-: :.,,;,. .?, . , . . ... . e

~, . . , . . . .

! . , , . ;..* : . . . , . , 0 , 9 . - . , , , . . . ' . > . . . . - 'I", '. ..

: . , ' : . : : : ! , L . , , ' , , '. :.. f " . . . - , I . . : .

. I , . . . . . . . . ,.:.:

[7th August, 1971%

An Act to confer on thz President the power of the Legislamre of the State of weit Bcngal to make laws.

BE it enacted by parliament in the Twenty-second Year of the Republic of India as follows:-

I. This Act may be called the, West Bengal State Legislature (Dele- Short

gation of Powers) Act, 1971. title.

2. Im this Act, "Proclamation" +ems the Proclamation issued on the Defini- \

29th day of June, 1971, under articlek356 of the Constitution, by the Presi- tion.

dent, and published with the notification of the Government of India in

the Ministry of Home Affairs NO. G$B. 984 of the said date. 1,

3. (1 ) The power of the Legislature - f the State of West Bengal to Confer-

, ! ment make laws, which has been declared by e Proclamation to be exercis- on the

I able by or under the authority of Parliame t, is hereby conferred on the

t I - . " 1 V

of the President. I t I . ' power

1 of the (2) In the exercise of the said power, th4 President may, from time State

to time, whether Parliament is or is not in se ion, enact, ,as a President's, Legislature

$ to make Act, a Bill containing such provisions as he c siders necessary: laws.

X

Provided that before enacting any such kct, the President shall,

whenever he considers it practicable to do so, c@sult a Committee constituted for the purpose, consisting of forty of the House of the

I People nominated by the Speaker and of the Council of \

States nominated by the Chairman.

126 West Bengal State Legislaiuve (Delegation of ~ o w e v s ) ACT 31 OF 197 I]

ed,_3?gL$be President under sub-section (2) shall, as soon as may be enactment, be laid before each House of Parlia- ment.

iament may, by resolution passed within thirty days from which the Act has been laid before it under sub-section (3), wh riod may be comprised in one session or in two succ&sive sessions, any modifications to be made in the Act1 and if the modifications o by the other House of Parliament during the session in which Act has been so laid before it orthe session succeeding, such shall be given effect to by the President by enacting ,an a under sub-section (2) :

Provided that is sub-section shall affect the validity of the Act or of an thereunder before it is so amended.

lin . ler .

NO

if 1g In lt

CHAPTER- I

PRELIMINARY

SECT~ONS I

F '

1. Short title and commencement.

CHAPTER I1

,RATES OF INCOME-TA~ . , . . . . . . , . , . .

2. Income-tax.

CHAPTER IU : ,.

,: : , . : . ::,. ' i

3. Amendment of section 2.

4. Amendment of section 10. . , . ,

8. Amendment of section 36. 9. ~ m e n d m e n t of section. 40.

10. Amendment of section 4 0 ~ . 11. Omission of section 54A. 12. Amendment of section 5.8.' /

15. Amendmerit of section 80C.

16. Amendment of section 801. . % . . . . . . .

17. Amendment of section 80L:

' 19. Amendment of section 80MM.

20. Amendment of sectidn - 8 d ~ i .

Arrangement of Sections

23. Amendment pf section 80T.


25. Substitution of new section for section 115. 26. Amendment of secbion 194A. I J /

27. Amendment of section 230A. . 28. Omission of section 235.

Bi I 29. Amendment of Second Schedule.

30. Amendment of Sixth Schedule. * .

CHAPTER IV

WEALTH-TAX


32. Amendment of section 5. 33. Amendment of section 18.


35. Amendment of section 32. 36. Amendment of ~ c h e d d e .

CHAPTER v OTHER DIRECT TAXES

I

37. Amendment of Act 18 of 1958. 38. Amendment of Act 7 of 1964.

CHAPTER VI

INDIRECT TAXES

39. Amendment of Act 32 of 1934. 40. Amendment of Act 1 of 1944.

41. Amendment of Act 58 of 1957.

42. Amendment sf Act 27 of 1958.

FOREIGN TRAVEL TAX

43. Extent and commencement.

44. Definitions.

45. Foreign travel tax.

46. Power to exempt.

47. Penalty. 48. Protection of action taken in good faith. . 49. Power to make rules.

Power to make regulations. 51. Rules and notifications to be laid 'before Parliament.

An Act to give effect to the financial proposals of the" Cintral - Government for the financial year ~971-72 and to Lpfotride for the levy of foreign travel tax. , .

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

CHAPTER. 1

PRELIMTNARY

day of April, 1971.

RATES O F 'INCOME-TAX

2. (1) Subject to the provisions of sub-sections (2) and (3), for- the

and, in the cases to which Paragraphs A, B, C and D of th"at Part apply,

cases to which Paragraph C applies, also by a special gurcharge for

purposes of the Union, calculated in each case in the manner provid-

ed therein.

(2) In making any assessment f o ~ the assessment commencing

on the 1st day df April, 1971, where the total income of a company,

Finance (No. 2) 131

31 of 1956. the IliPe Insurance Corporation Act, 1956, includes any profits and gains from life insurance business, the inm'me-tax payable by it shall be the aggregate of the income-tax calculated-

(i) on the amount of profits and gains from life insurance business so included, at the rate applicable in the case of the Life Insur- ance Corporation of India, in accordance with Paragraph E of Part I of the First Schedule, to that part of its total income wbich consists of profits and gains from life insurance business; and

(ii) on the remaining part of its total income, at the rate applicable to the company on its total income.

43 of 1961. (3) Tn cases to which Chapter XI1 or section 164 of the Tncome-

tax Act, 1961 (hereinafter referred to as the Tncome-tax Act) applies, the tax chargeable shall be determined as provided in that Chapter or that section, and with reference to the rates imposed by sub-section (1) or the rates as specified in that Chapter or section, as the case may be.

(4) In cases in which tax has to be deducted under sections 193, 194, 194A and 195 of the Income-tax Act at the rates in force, the deduction shall be made at the rates specified in Part I1 of the First Schedule.

(5) In cases in which income-tax has to be calculated under the . first proviso to sub-section (5) of section 132 of the Income-tax Act or charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section 175 or sub-section (2) of section 176 of the said Act or deducted under section 192 of the said Act from income chargeable under the head "Salaries" or deducted under sub-section (9) of section 80E of the said Act from any payment referred to in the said sub-section (9) or in which the "advance tax" payable under Chapter XVII-C of the said Act has to be computed, at the rate or rates in force. such income-tax or, as the case may be, "advance tax" shall be so calculated, charged, deducted or computed at the rate or rates specified in Part TI1 of the First Schedule:

Provided that in respect of any income chargeable to tax under section 164 of the ~ncome-tax Act at the rate of sixty-five per cent., "advance tax" shall be computed a t that rate.

(6) For the purposes of this section and the First Schedule,-

(a) "company in which the public are substantially interested" means a company which is such a company a,. is referred to in section 108 of the Income-tax Act;

(b) "domestic company" means an Indian company, or any other company which, in respect of its income liable to income-tax under the Income-tax Act for the assessment year commencing on the ?st day of April, 1971, has made the prescribed arrangemer-ts for the declaration and payment within India of the dividends (including dividends on preference shares) payable out of such income i n accardance with thc provisions of section 194 of that Ad;

132 Finance (No. 2) FACT 32

(c) "industrial company" means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power n r in the constrtrc%ibn 'of ~hI'ps ' or insthe manufacture or processing of goods or in mining.

Eqlanati0n.-For the purposes of this clause, a company sha.. be deemed to be mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or in the manufacture or processing of goods or in mining, if the income attributable to any one or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under Chapter VIA of the Income-tax Act) is not less than fifty-one per cent. of such

.- total income; I

( d ) "tax free security" means any security of the Centtal . Government issued or declared to be income-tax free, or any security

of a State Government issued income-tax free, th'e in'come-tax whereon is payable by the State Government;

(e) all other words and expressions used in this section and the First Schedule but not defined in this sub-section and defined in the Income-tax Act shall have the meanings, respectively, assigned to them in that Act.

CHAPTER I11

INCONLE-TAX

Amend- ment of 3. In section 2 of the Income-tax Act,- section 2. (a) for clause (17), the following clause shall be substituted,

namely: - I

' (1 7) "comyany't means-

(i) any Indian company, or I

(ii) any body corporate incorporated by or under the laws of a country outside India, or I 1

(iii) any institution, association or body which is or was assessable or was assessed as a company for any assessment year under the Indian Income-tax Act, 1922 or which is or 11 of 1922. was assessable or was assessed under this Act as a com- 4 pany for any assessment year commencing on or before the 1

1st day of April, 1970, or

(iv) any institution, association or body, whether incorporated or not and whether Indian or non-Indian, which is declared by general or special order of the Board to be

l a company:

Provided that such institution, association or body shall he deemed to be a company' only for such assessment vear or agsessment years (whether commencing before the 1st day of April, 1971 or on or after that date) as may be specified.i'n the declaration;';

1 OF 19,711 Finance (No. 2) I33

( b ) in clause ( 1 8 ) , after sub-clause (a), the following sub- clauses shall be inserted, namely: -

" (aa) iP i t is a company which is registered under section a or 1956 25 of the Companies Acf, 1956; or

(ab) if it is a company having no share capital and if, having regard to its objects, the nature and composition of its membership and other relevant considerations, it is declared by order of the Board to be a company in which the public are substantially interested:

Provided that such company shall be deemed to be a com- - pany in which the public are substantially interested only for such assessment year or assessment years (whether commencing before the 1st day of April, 1971 or on or after that date) as may be specified in the declaration; or";

(c) in clause (26) ,-

( i ) after sub-clause (i), the following sub-clauses shall be i , . . > - inserted, namely: -

" (ia) a corporation established by or under a Central, State or Provincial Act;

(ib) any institution, association or body which is dw- lared by the Board to be a company under clause (17) ;";

(ii) in the proviso, for the words "registered obce of the company", the words "registered or, as the case may be, principal office of the company, corporation, institution, association or body" shall be substituted;

(d) after clause (43A), the following clause shall be inserted with effect from the 1st day of January, 1972, namely:-

' (438) "Tax Recovery Commissioner" means a Commissioner or an Assistant Commissioner of Income-tax who may be autho-

, ? rised by the Central Government, by general or special notifica-

B don in the Official Gazette, to exercise the powers of a Tax Re- covery Commissioner;'.

4. In section 10 of the Income-tax Act,- Amend- ment of

, * (a) in clause (20), for the words "which accrues or arises from :Ytion %hk supply of a commodity or service within its own jurisdictional area;", the words "which accrues or arises from the supply of a commodity or service (not being water or electricity) within its own jurisdictional area or from the supply of water or electricity within or outside its own jurisdictional area;" shall be substituted with effect from the 1st day of April, 1972;

(b) in clause (26A),-

(i) the brackets and words "(not being an individual who * , -. is'in the service of Government)" shall be, and shall be deemed

always to have been, omitted;

4 Law-19. 1

I34 Finance (No. 2) [ACT 32

(ii) for the expression "1st day of April, 1970", the exp re s sion "1st day of April, 1975" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of April, 1970.

hmend- 5. In section 11 of the Income-tax Act, after sub-section ( I ) , the fol- "entoi lowing sub-section shall be, and shall be deemed always to have been, section 11. .

:~?,serted, namely: -

. ' ( l k ) For the purposes of sub-section (1) ,- (a) where a capital asset, being property held under trust

wholly for charitable or religious purposes, is transferred and the whole or any part of the net consideration is utilised for acquiring another capital asset to be so held, then, the capital gair arising from the transfer shall be deemed to have been applied to charitable or religious purposes to the extent specified hereunder, namely: -

(i) where the whole of the net consideration is utilised in acquiring the new capital asset, the whole of such capital gain;

(ii) where only a part of the net consideration is utilised for acquiring the new capital 'asset, so much of such capital gain as is equal to the amount, if any, by which the amount so utilised exceeds the cost of the transferred asset;

(b) where a capital asset, being property held under trust in part only for such purposes, is transferred and the whole or any part of the net consideration is ,utilised fcr acquiring another capital asset to be so held, then, the appropriate fraction of the capital gain arising from the transfer shall be deemed to have been applied to charitable or religious purposes to the extent specified hereunder, namely :-

[ t ) where the whole ol the net consideraiioll is utilised In acquiring the new capital asset., t l ~ whole of the appropriate fraction of such capital gain;

(li) In any other case, so much of the appropriate fraction of the capital gain as is equal to the amount, if any, by which the appropriate fraction of the amount utilised f ~ r acquiring the new asset exceeds the appropriate fraction of the cost of the transferred asset.

Explanation.-In this sub-section,-

( i ) "appropriate fraction" means the fraction which represents the extent to which the income derived from the capital asset transferred was immediately before such transfer applicable to charitable or religious purposes;

(ii) "cost of the transferred asset" means the aggregate of the cost of acquisition (as ascertained for the j!urpmes of wcr:oEs 48 and 49) of the capital asset which is the subject of the transfer and the cost of any improvement thereto within the meaning as- sigrled to that expression in sub-clause (b) of clause ( 2 ) of section 55;

(iii) "net consideration" means the full value of the consideration received or accruing as a result of the transfer of the

Finance (No. 2)

capital asset as reduced by any expenditure incurred wholly and exclusively in connection with such transfer.'.

6. In section 13 of the Income-tax Act, in sub-section (4), for the Amend- words "moneys pi the trust or the institution", the words "funds of the ~ s i ~ , " ~ trust or the institution" shall be substituted. 13.

7. In section 16 of the Income-tax Act, in clause (iv), with effect from Amend- the 1st day of Aprll, 1972,- ment of '

section (a) in sub-clause ( b ) , for the entry "Rs. 60", the entry "Rs. 75" 16.

shall be substituted;

(b) in sub-clause ( c ) , for the entry "Rs. 35", the entry "Rs. 50" shall be substituted.

8. In section 36 of the Income-tax Act, in clause (viii) of sub-section Amend- ment of ( I ) , for, the words "industrial development", the words "industrial or section

agricultural development" shall' be substituted with effect from the 1st 36 day of April, 1972.

9. In section 40 of the Income-tax Act, with effect from the 1st day of k~:$ April, 1972,- section

40. (a) In clause (a) , sub-clause (v) shall be omltted; ( b ) 1 1 1 clause ( c ) , for the words "benefit denved by or accruing

to it therefrom", the fcrllowing shall be substituted, namely:-

"benefit derived by or accruing to it therefrom, so, however, that the deduction in respect of the aggregate of such expenditure and allowance in respect of any one person referred to in sub-clause (i) shall, in no case, exceed-

(A) where suc l~ expenditure or allowance relates to a period exceeding eleven months comprised in the previcus year, the ainount of seventy-two thousand rupees;

(B) where such expenditure or allowance relates to a perlod not exceeding eleven months comprised in the previous year, an amount calculated at the rate of six thousand rupees for each month or part thereof comprised in that period:

Provided that in a case where such +rson is also an employee of the company far any period comprised in the previous year, expenditure of the nature referred to in clauses (i) , (ii), (iii) and (iv) of the second proviso to clause (a) of sub-section (5) of section 40A shall not be taken into account for the pur- ,

poses of sub-clause ( A ) or sub-clause (B) , as the case may be.".

10. In section 40A of the Income-tax Act, with effect from the 1st day Amend- c l April, 1972,- ,

I ment of section

(a) in sub-section (2) , in the proviso to clause ( a ) , tor the words 40A. "provisions of this section", the words "provisions of this sub-section" shall be substituted;

(b) after sub-section (4,), the following sub-sections shall be inserted, namely: -

'(5) fa) Where the assessee-

f i ) incurs any expenditure which results directly or in- + directlv in the payment of any salary to an employee or a

former employee, or

Finance (No. 2 ) [ACT 32

(ii) incurs any expenditure which results directly or indirectly in the provision of any perquisite (whether con- vertible into money or not) to an erhployee or incurs diaectly or indirectly any expenditure or is entitled to any allowance in respect of any assets of the assessee used by an employee either wholly or partly for his own purposes or benefit,

then, subject to the provisions of clause (b ) , so much of such expenditure or allowance as is in excess of the dimit specified in respect thereof in clause (c) shall not be allowed as a deduction:

Provided that where the assessee is a company, so much of

the aggregate of- ( a ) the expenditure and allowance referred to in sub-

clauses (i) and (ii) of this clause; and (b) the expenditure and allowance referred to in sub-

clauses ( i ) and (ii) of clause ( c ) of section 40,

in respect of an employee or a former employee, being a director or a person who has a substantial interest in the company or a relative of the director or of such person, as is in excess of the sum of seventy-two thousand rupees, shall in no case be allowed as a deduction:

Provided further that in c'omputing the expenditure referred to in sub-clause ( i) or the expenditure or allowance referred to in sub-clause (ii) of this clause or the aggregate referred to in the foregoing proviso, the following shall not be taken into account, namely: -

(2) the value of any travel concession or assistance referred to in clause (5) of section 10;

(ii) passage moneys or the value of any free or concessional passage referred to in sub-clause ( i) of clause (6) of section 10;

(iii) any payment referred to in clause (iv) or clause ( v ) of sub-section (I) of section 36;

(iv) any expenditure referred to in cZlause (ix) of su!.-. section ( 1 ) of section 36. (b) Nothing in clause (a) shall apply to any expenditure or

allowance in relation to-

( i) any employee in respect of any period of his employment outside India;

(ii) any employee being an individual referred to in sub- clause (uii) or sub-clause (viia) of clause (6 ) of section 10 in respect of any period during which he is entitled to the exemption under sub-clause (uii) or, as the case may be, sub-clause (viia) aforesaid; '

(iii) any employee whose income chargeable under the head "Salaries" is seven thousand and five hundred rupees o r less.

(c) The limits referred to in clause ( a ) are the following, namely: -

( i ) in respect of the expenditure referred to in sub-clause (i) of clause ( a ) , in the case of an employee, an amount calculated at the rate of five thousand rupees for each month o r

o@ 19713 Finance (No. 2) I37

part thereof comprised in the period of his employment i n India during the previous year, and in the case of a former employee, being an individual who ceases or ceased to be the employee of the assessee during the previous year or any earlier previous year, sixty thousand rupees;

(ii) in respect of the aggregate of the expenditure and the allowance referred to in sub-clause (ii) of clause (a), one-fifth of the amount of the salary payable to the employee or an amount calculated a t the rate of one thousand rupees for each month or part thereof comprised in the period of employnlent in India of the employee during the previous year, whichever is less.

Explanation ].-The provisions of this sub-section shall apply notwithstanding that any amount not to be allowed under this sub-section is included in the total income of the employee or, as the case may be, the former employee.

Explanation 2.-In this sub-section,-

(a) "salary" has the meaning assigned to it in clause ( 1 ) read with clause (3) of section 17 subject to the following modifications, namely: -

(1) in the said clause ( I) , the word "perquisites" occurring in sub-clause (iv) and the whole of sub-clause (vii) shall be omitted;

(2) in the said clause (3), the references to "assessee" shall be construed as references to "employee or former employee" and the references to "his employer or former

employer" and "an employer or a former employer" shall be construed as references to "the assessee";

( b ) "perquisi.te" means-

(i) rent-free accommodation provided to the employee by the assessee;

(ii) any concession in the matter of rent respecting any accommodation provided to the employee by the assessee;

(iii) any benefit or amenity granted or provided free of cost or at concessional rate to the employee by the assessee;

(iv) payment by the assessee of any sum in respect of any obligation which, but for such payment, would have been payable by the employee; and

(v) payment by the assessee of any sum, whether directly or through a fund, other than a recognised provident fund or an approved superannuation fund, to effect an assurance on the life of the employee or to effect a contract for an annuity.

(6) Where the assessee incurs any expenditure by way of fees for services rendered by a person who at any time during the twenty-four months immediately preceding the previous year was an employee of the assessee.-

(a) such expenditure by way of fees, or

138 Finance (No. 2) [ACT 32

( b ) where the assessee has also incurred in relation to such person any expenditure by way of salary referred to in sub-clause (i) of clause (a) of sub-section (5), the aggregate of such expenditure by way of fees and by way of salary,

shall not be allowed as a deduction to the extent such expenditure by way of fees or, as the case may be, the aggregate of such expenditure by way of fees and by way of salary exceeds sixty

\

thousand rupees.'.

Omission 11. Section. 54A of the Income-tax Act shall be omitted with effect from Of section &he 1st day of April, 1972. ' 54A. Amend- 12. In clause (a) of sub-section (1) of section 58 of the Income-tax merit of ct, sub-clause (iv) shall be omitted with effect from the 1st day of section 58. April, 1972. Amend- 13. In section 67 of the Income-tax Act,-- ment of sectioii- (a) in c1av.s~ ( a ) of sub-section ( I ) , for the words "registered 67. , firm", the words, brack.ets, letter and figures "registered firm or an

unregistered firm assessed as a registered firm under clause (b) of section 183" shall be substituted;

(b) in sub-section ( 4 ) , for the words "a firm treated as registered in accordance with the provisions o'f", the words "an unregistered firm assessed as a registered firm under" shall be substituted.

Amend- 14. In section 80A of the Income-tax Act, in sub-section (3) , for the Of word, fig ;Ires and lettrer "section 80Ln, the words, figures and letters "sec-

seclion 8OA. tion 801 M or section 80N or section 800" shall be substituted with effect

from he 1st day of April, 1972.

Amend- 11 In section 8OC of the Income-tax Act, with effect from the 1st day merit of of April, 1972,-

section 80C. (a) for sub-section ( I ) , the following sub-section shall be substi-

tuted, narneiy : -

" ( I ) In computing the total income of an assessee, there shall be deducted, in accordance with and subject to the provisions of this section, an amount calculated, with reference to the aggregate of the sums specified in sub-section (2 ) , a t the following rates, namely:-

- (a) where such The whole of such aggregate; aggregate Goes not exceed Rs. 1,000

(b) where such Rs. 1,000 p lus 50 per cent. of the aggregate exceeds amount by which such aggre- Rs. 1,000 but does not gate exceeds Rs. 1,000: exceed Rs. 5,000

(c) where such Rs. 3,000 p lus 40 per cent. of the aggregate exceeds amount by which such aggre- Rs. 5.000 gate exceeds Rs. 5,000.";

(b) in sub-section ( 4 ) , in clauses (ii) and (iv), for the words "fifteen thousand rupees", the words "twenty thousand rupees" shall be substituted. . .

OF llf711 Finance (NO. 2)

16. In section 801 of the Income-tax Act, in sub-section ( I ) , for the b e n d - words "eight per cent.", the words "five per cent." shall be substituted ment of with effect from the 1st day of April, 1972. section

801.

17. In section 80L of the Income-tax Act, in sub-section ( I ) , with rimend- effect from the 1st day of April, 1972,- ment of

section (a) for the words "Where the gross total income of an assessee 8QL. includes any income by way of-", the following shall be substitu- - ted, namely: -

"Where the gross total income of an assessee, being- (a) an individual, or (b) a Hindu undivided family, or (c) an association of persons or a body of individuals con-

sisting only of husband and wife governed by the system of community of property in force in the Union territories of Uadra and Nagar Haveli and Goa, Daman and Diu,

includes any income by way of-";

(b) in clause (vi), the word "or" occurring a t the end shall be omitted;

(c) in clause (vii), for the word and figures "section 36,", the words and figures "section 36; or" shall be substituted;

(d) after clause (vii), the following clause shall be inserted, namely: -

" (viii) interest on deposits with a co-operative society, not being a co-operative society referred to in clause (vi), made by a member of the society,".

18. In section 80M of the Income-tax Act, with effect from the 1st day Amend- of April, 1972,-

(a) in sub-section ( 1 ) ,- ( i ) for clauses (a) and (b), the following clauses shall be

substituted, namely: - "(a) sixty per cent. of such income, where the assessee

is a domestic company;

(b) sixty-five per cent. of such income, where the as- cessee is a foreign company.";

(ii) the Explanatio7z shall be omitted;

ment of section 80M.

(b) for sub-section (2) and the Explanation appearing below that sub-section, the following sub-section shall be substituted, namely: -

"(2) Where a company to which this section applies is entitled also to the deduction under'section 80K, the deduction under sub-section ( I ) shall be allowed in respect of income by way of dividends referred to therein as reduced by the amount of the deduction under section 80K.".

19. In section 80MM of the Income-tax Act, with effect from the 1st A~~~~~ day of April, 1972,- 'nenr 01

sectlon (a) in sub-section (1) ,- 80 MM.

(i) for the words "assessee being an Indian company", the words and brackets "assessee, being an Indian company or a person (other than a company) who is resident in india," shall be substituted; "-lr

Finance (No, 2)

(ii) for the words "received by it", the words "received by 'the assessee" shall be substituted;

(iii) for the words "Central Government", in both the places where they ocqur, the word "Board" shall be substituted;

(iv) for the words "there shall be allowed a deduction", the words ''there shall, in accordance with and subject to the provisions of this section, be allowed a deduction" shall isle substituted;

(v) after the proviso, the following proviso.shal1 be inserted, namely: -

"Provided further that approval of the Board shall not be necessary in the case of any such agreement which has been approved for the purposes of the deduction under this . sub-section by the Central Government before the 1st day of April, 1972, and every application for such approval of any such agreement pending with the Central Government immediately before that day shall stand transferrted to the Board for disposal.";

(b) after sub-section ( Z ) , the following sub-section shal! be ia;- serted, namely: -

"(2A) Where the assessee is a person other than a company or a co-operative society, the deduction under sub-section (1) shall not be admissible unless the accounts of the assessee for the previous year have been audited by an accountant as defined in the Explanation below sub-section (2) of section 288, and the assessee furnishes, along with his return o'f income, the report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars as may he pres-

t cribed.".

Amend- 20. In section SON of the Income-tax Act, with effect from the 1st day merit of 3f April. 1972,- section 80N. (a) for the words "assessee being an Indian company", the words

and brackets "assessee, being an Indian company or a person (other than a company) who is resident in India," shall be substituted;

(b) for the words, figure and letters "Central Government in this behalf before the 1st day of October of the relevant assessment year". the words "Board in this behalf" shall be substituted;

(c) the following provisos shall be inserted at the end, namely: - -

"Provided that the application for such approval is made to the Board before the 1st day of October of the relevant assessment year:

Provided further that the approval of the Board shall not be necessary in the case of any such agreement which has been approved for the purposes of the deduction under this section by the Central Government before the 1st day of April, 1972, and every

' 3pplication for such approval of any such agreement pending with the Central Government immediately before that day shall stand transferred to the Board for disposal."

OF 19711 Finance (Uo. 2) 141

21. For section 800 of the Income-tax Act, the following section shall Substi- be substituted with effect from the 1st day of April, 1972, namely:- tution

of new section for section 800.

"800, (1) Where the gross total income of an assessee, being an Deduc- Indian company or a person (other than a company) who is resident tion in in India, includes any income by way of royalty, commission, respect

fees of royal- or any similar payment received by the assessee from the Govern- ties, ,k., ment of a foreign State or a foreign enterprise in consideration for from cer- the use outside India of any patent, invention, model, design, secret 2; for- formula or process, or similar property right, or information concern- entemi- ing industrial, commercial or scientific knowledge, experience or skill ses. made available or provided or agreed to be made available or provided to such Government or enterprise by the assessee, or in consideration of technical services rendered or agreed to be rendered outside India to such Government or enterprise by the assessee, under an agreement approved by the Board in this behalf, there shall be allowed, in accordance with and subject to the provisions of this section, a deduction of the whole of such income, in computing the total income of the msessee:

Provided th,at the application for the approval of the agreement referred to in this sub-section is made to the Board before the 1st day of October of the assessment year in relation to which the approval is first sought:

Provided further that approval of the Board shall not be necessary in the case of any such agreement which has been approved for the purposes of the deduction under this section by the Central Gov- ernment before the 1st day of April, 1972, and every application for such approval of any such agreement pending with the Central Gov- ernment immediately before that day shall stand transferred to the Board for disposal.

(2) Where the assess- is a person othqr than a company or a co- operative society, the deduction under sub-section (I) shall not be admissible unless the accounts of the assessee for the previous year have been audited by an accountant as defined in the Explanation below sub-section (2) of section 288 and the assessee furnishes, along with his return of income, the report of such audit in the prescribed form duly signed and verified by such accountant and setting forth ouch particulars as may be prescribed.".

%. In section 80P of the Income-tax Act, in clause (a) of sub-section Amend-.

(21, with effect from the 1st day of April, 1972,- ment sl section

(a) in sub-clause (v), the word "or" shall be inserted at the end; 80P. (b) after sub-clause (v), the following sub-clauses shall be in-

pie? ted, namely: - "(vi) the collective disposal of the labour of its members, or (vii) fishing or allied activities, that is to say, the catching,

curing, processing, preserving, storing or marketing of fish or the purchase of materials and equipment in connection therewith for the purpose of supplying them to its membersf':

4 bw-20. L

'I 42 Finance (No. 2) [.ACT 32

(c) the foll'owing proviso shall be inserted at the end, namely:-

"Provi'ded that in the case of a co-operative society falling under sub-clause (vi) or sub-clause (vii), the rules and bye-laws of the society restrict the voting rights to the following classes of its members, namely:-

(I) the individuals who contribute their labour or, as the case may be, carry on the. fishing or allied activities;

(2) the co-operative credit societies which provide financial assistance to the society;

(3) the State Government;".

Amend- 23. In section 80T of the Income-tax Act, in clause (b), with effect merit of from 'the 1st day of April, 1972,- section 80T. (a) in sub-clause .(i), for the words "forty-five per cent.", the

words "thirty-five per cent." shall be substituted;

~ ( b ) in -sub-ctause (ii) and in the proviso, for the words "sixty- five per cent.", wherever they occur, the words "fifty per cent." shall

/ be substituted.

Amend- ment of section 86.

Substi- tution of new section for

' section 115.

24. In section 86 of the Income-tax Act, in clause (iii), after the words "unregistered firm", the brackets, words, letter and figures "[not being an unregistered' firm assessed as a registered firm under clause (b) of section 1831" shall be inserted.

25. For section 115 of the Income-tax Act, the following section shall be substituted with effect from the 1st day of April, 1972, namely:-

Tax on '115. 'Where the tdtal income of a company includes any income capital chargeable under the head "Capital gains" relating to capital assets gains in case of other than short-term capital xs'ets (such income being hereinafter

companies referred to as long-term capital gains), the income-tax payable shall be the aggregate of-

r r (i)\ the amount of income-tax calculated on the amount of long-tegm capital gains ,included .in the total -income--

(a) at the rate of forty-five per cent. on so much of the anidl.Int af such long-term capital gains-as relate to buildings or lands or any rights in buildings or lands; and

(b) at the rate of thirty-five per cent. on the balance of such long-term capital gains, i'f any; and

(ii) the amount of incomeztax with Which it would have been chargeable had its total i~come'been reduced by the a m o ~ n t of long-term capital .gains referred to in clause (i) ,'.

Amend- 26. In section 194A of the Income-tax Act, in clause (v) of sub-section (3) , aft& the words "by a co-operative~society", the words "to a member

section 1944. thereof or" shall be inserted.

,r-,

Amend- 27. In section 230A of the Income-tax Act, with effecf from the 1st day ment of of October. 1971.- section 230G

. ,

: (a) i n subsection ( I ) , -

(i) the brackets and words " (other than agricdltural land)" shall be omitted; - ,.

i * ( i i ) in clause (a), fox the words and figures "and the Giftr

18 of 1958. tax ~ c t , 1958", the worqs, figures and brackets "the Gift-tax Act, 14of 1963. ,/ 1958, the Super Profits Tax A& 1963, and the Companies (Pro- 7 of 1964. fits) Surtax Act, 1964" shall be subs'tituted;

(b) after sub-section ( Z ) , the following sub-section shall be in- se~ted , namely: -

" (3) The provisions of sub-section (I) shall not apply in a case where the person referred to in that sub-section is any such institution, association or body, or belongs to any such class of institutions, associations or bodies, as the Board may, for reasons to be recorded in writing, notify in this behalf in the Official Gazette.". . ,

28. Section 235 of the Income-tax Act shall be omitted with effect from Omission the 1st day of April, 1972. of sec-

tion 235.

. 28! In the)Swond 'Sohedule to the Income-tax Act, with ,e%ct froin the Amend-

1st day of January, 1972,- ment of Second Schedule.

(a) in rules 82 and 83, for the words "Tax Recovery Officer", the words "Tax Recovery Commissioner, Tax Recovery Officer" shall be substituted; - . .- 0

(b) in rule 86,- ! ! - - \ (i) for sub-rule ( I ) , the following sub-rule shall be subs-

tituted, namely:-

"(1) An appeal from any original order passed by the Tax Recovery Officer under this Schedule,, not, being an order which is conclusive, shall lie-

(a) in the case of a Tax Recovery Officer, being a Collector or an Additional Collector, to the revenue authority to which appeals ordinarily lie against the orders of a Collector under the law relating to land revenue of the State concerned;

( b ) in the case of a Tax Recovery Officer, being an officer referr,ed to in sub-clause (ii) of clause (44) of section 2, to the revenue authority to which an appeal or an application for revision would ordinarily lie, if the order passed by him were the order under the law relating-to land revenue or other< public demarid for the time being in force in the State concerned; and

(c) in the case of a Tax Recovery Officer, being an officer referred to in sub-clause (iii) of clause (44) of section 2, to the Tax Recovery Commissioner.";

(ii) after sub-rule (3), the following sub-rule shall be inserted, namely: -

. . " (4) Notwithstanding anything containedjn sub-rule ( I ) ,

j:. ' where a Tax Recovery Commissioner 'is a e o r i s e d .to exer-

I . . .

cise powers as such in respect of any area, then,- -;:' , ; , 2- . ~ . , " .. <.

I . . , . . .

j . . - (a) all appeals against the .ordens:.;paiised :b fore .the

date of such authbrisation by any Tax Recovery Officer c;

authorised to exercise powers as sueh in kespect of a t area or an area which is included in that area, shall lie to such TAX Recovery C~rhmissibn~r; and- "-

(b) any proceeding by way of appeal against any ordei:, referred to in clause (a) pending on the date mentioned in that clause before an appellate authority referred to in clause (a ) or clause ( b ) of sub-rule (1) shall stand transferred to such Tax Recovery Commissioner for disposal.";

(c) in rule 87, for the word "officer", the words "Tax Recovery Commissioner, Tax Recovery Officer or other officer" sh-ill be substituted;

(d) in rule 92,-

(i) in sub-rule ( I ) , for the words "Tax Recovery O f f i c ~ " , the words "Tax Recovery Commissioners, Tax .Recovery Officass" shall be substituted;

(ii) in sub-rule (2), in clause (a), for the words "Tax Re- covery Officers", the words "Tax Recovery Commissioners or Tax Recovery ,Officers" shall be substituted.

Amend- 30. In the Sixth Schedule to the Income-tax Act, with effect from the merit Of 1st day of April, 1972,- Sixth Schedule. (a) for the brackets, words, figures and letters " [ S e e sections

. 80B (7), 801 and 80M]", the following shall be substituted, namely:-

see sections 80B (7) and 8011";

(b) in item (Z), the word "Aluminium", shall be omitted;

(c) items (lo), (12), (14), (18) and (20) shall be omitted.

CHAPTER IV


31. In section 4 of the Wealth-tax Act, 1957 (hereinafter rcferred to 87 of 1957.

as the Wealth-tax Act), with effect from the 1st day of April, 1972;-

(a) in sub-section cl) ,--

(i) in the proviso to clause ( a ) , for the words, figures and letters "after the 31st day of March, 1964", the words, figgres and letters "after the 31st day of March, 1964, but, before the 1st day of April, 1972" shall be substituted;

(ii) in clause (b), for the words "member of an association of persons", the words and brackets "member of an association of persons (not being a co-operative housing society)" shall be substituted; I

(b) after sub-section (,I), the following sub-section shall be in- ' serted, namely: -

" (IA) Where, in the case of an individual being a member bf a Hindu undivided family, any property having been the

. . -.... .

time being in force, for the purpose of computing the net wealth. .

of the individual under this Act' for any assessment year. corn-. ' mencing on or after the 1st day of. April, 1972,-

the property of ,the family, shall be deemed to be assets

, attributable to the interest of the spouse or any minor child of the individual in thk property of the family and where , .''

. there is a partition (partial or total) amongst the members of the family, the converted property o r any part thereof which i s received by the. spouse or minor child on such.partition shall be deemed to be assets transferred indirectly by the".individual to the spouse or minor child and the provi-

Provided that the property referred to in clause ( b ) or clause (c) shall, on being included in the net wealth of. the

'tile value of such building or part shall be included in computing

such building or part, the value of any outstanding instalments of the amount payable under such schem,e by the assessee to the

part;";: . ' , . '

Amend- ment of section 6*

(4) in the Explanation,-

(i) in clause ( g ) , the word "and" occurring at the end shall . be omitted;

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

'(c) the expression "property" includes any interest in . property, movable or immovable, the proceeds of sale thereof , and any money or investment for the time being represent- ing the proceeds of sale thereof and where the property is converted into any other property by any method, such other property; and

(d) the expressions "interest of the individual in the property of the family" and "interest of the spouse or any minor child of the individual in the property of the family" mean, respectively, the proportion in which the individual or, as the case may be, the spouse or minor child would be entitled to share the property of the family if there had been a total partition in the family as on the valuation date of the family relevant to the assessment year for which the individual is to be assessed under sub-section (1A) .'.

32. In section 5 of the .We.t!th-tax Act,-

(a) in sub-section (I ) ,- (i) in clause (iv) , the words "and exclusively used by him for

-residential purposes" shall be omitted with effect from the 1st day, of April, 1972;

(ii) in clause (viii), after the words "articles intended for the personal or household use of the assessee", the words, ",but not including jewellery" shall be inserted, and shall be deemed to have been inserted, with effect from the 1st day of April, 1963;

(iii) in clause (viii) as so amended, the following provisos and Explanations shall be inserted at the end with effect from the 1st day of April, 1972, namely:-

'Provided that the furniture, utensils or other articles are neither xnade. wholly or pantly of, nor contain (whether by way of embedding, covering or otherwise), gold, silver, platinum or any other precious metal or any alloy containing

- one or more of such precious metals: '

Provided further that nothing in this clause hall operate - to exclude from the net wealth of the assessee any conveyance or conveyances to the extent the value or the aggregate valve thereof exceeds the sum of twenty-five thousand .rupees.

Explanation 1.-For the purposes of this clause and clause (.zriii), "jcwellery" includes-

(a) ornaments made of gold, .,silver, platinum or any other precious metal or any alloy containing m e or illore of such precious metals, whether or not containing any precious or semi-precious stone, and whether or not worked or sewn into any wearing appafd; ,,

pelled vehicle,. aircraft or boat;';

,

i . ,

ment of

. . the following sub-clauses shall be substitut;kd,iiamiel~y:-

- by the amount - specified in sub-section (1A) , or

ment has been made under that section, as reduced by-

OF 19711 Finance (No. 2) I49

Provided that for the purposes of this item,-

(i) no wealth-tax shall be payable where the net wealth does not exceed the following limit, namely:-

( A ) Rs. 1,00,000, in the case of an individual;

( B ) Rs,. 2,00,000, in the case of a Hindu undivided family ;

r - (ii) the wealth-tax payable shall, in no case, exceed 10

per cent. of the amount by which the net wealth exceeds the limit specified in sub-clause (A) or, as the case may be, sub- clause (B) of clause (i) of this proviso.";

(ii) item (3) shall be re-numbered as item (2);

(b) in Paragraph B, for the word, brackets and figure "item (3) ", wherever they occur, the word, brackets and figure "item (2)" shall be substituted.

CHAPTER V

37. In the Gift-tax Act, 1958,- Amend.. (a) in section 2, in clause (xii), for the words and figure "includes Merit of

the transfer of any property deemed to be a gift under section 4", the Act words and figure "includes the transfer or conversion qf any property 1958.

' referred to in section 4, deemed. to be a gift under that section" shall be substituted with effect from the 1st day of April, 1972;

(b) section 4 shall, with effect from the 1st day of April, 1972, be re-numbered as sub-section (1) thereof andafter sub-section (1) as . so re-numbered, the following sub-section shall be inserted with effect from that day, namely:-

"(2) Where, in the case of an individual being a member of a Hindu undivided family, any property having been the separate property of the individual has been converted by the individual into property belonging to the family through the act of impress- ing such separate property with the character of belonging to the family or throwing it into the common stock of the family (such property being hereafter in this sub-section referred to as the converted property), then, notwithstanding anything contained in any other provision of this Act or any other law for the time being in force, for the purpose of computation of the taxable gifts made by the individual, the individual shall be deemed have made a gift of so much of the converted property as the members of the Hindu undivided family other than such individuar ,

would be entitled to, if a partition of the converted property had taken place immediately after such conversion.";

( c ) in section 5, in sub-section (1) ,- (i) in clause (v ) , for the word and figures "section 88", the

word, figures and letter "section 80G" s.hall be substituted, and shall be deemed to have been substituted with effect from thk '1st

, day of April, 1968; 4 Law-21,

Finance (No. 2)

C. ! * (ii) in clause (va) in sub-clause (i), for the words, brackets

and figures "sub-section (6) of section 88 of the Income-tax Act, 1961", the words, brackets, letters and figures "clause ( b ) of 43 of 1961. sub-section (2) of section 80G of the Income-tax Act" shall be substituted, and shall be deemed to have been substituted with effect from the 1st day of April, 1968;

(d) in section 33, in Explanation 11, for the words "Tax Recovery Officer and the Tax Recovery Commissioner referred to in the Income- tax Act or the rules made thereunder shall be deemed to be the Tax Recovery Officer and the Tax Recovery Commissioner" the words "Tax Recovery Commissioner and the Tax Recovery Officer referred to in the Income tax Act shall be deemed to be the Tax Recovery Com- missioner and the Tax Recovery Officer" shall be substituted with effect from the 1st day of January, 1972;

(e) in section 45, after Explanation 2, the following Explanation shall be inserted, namely: -

"Explanation 3.-For the removal of doubts, i t is hereby declared that the exemption admissible under clause ( e ) in relati'on to gifts made by an institution or fund referred to in that clause shall not be denied merely on either or both of the following grounds, namely: -

(i) that, subsequent to the gift, any part of the income of -.

the institution or fund has become chargeable to tax due to non-compliance with any of the provisions of section 11 of the

. - Income-tax Act;

(ii) that, under clause (c) of sub-section ( I ) of section a 1 3 of the Income-tax Act, the exemption under section 11 of that Act is denied to the institution or fund in relation to any income arising to it from any investment referred to in clause (h) of sub-section (2) of section 13 of the said Act where the aggregate of the funds invested by it in a concern referred to in the said clause (h) does not exceed five per cent. of the capital of that concern.".

Amend- 38. In the Companies (Profits) Surtax Act, 1964,- ment of Act 7 of (a) in section 18, for the figures and brackets "2 (44) ", the figures, 1964.

brackets, letter and word "2 (43B) and (44)" shall be substituted with effect from the 1st day of January, 1972;

(b) for the Third Schedule, the following Schedule shall be substituted with effect from the 1st day of April, 1972, namely:-

"THE THIRD SCHEDULE .-. 3 [See section 41

RATES OF SURTAX

Surtax shall be charged on the amount (hereinafter referred to as the chargeable amount) by which the chargeable profits exceed the amount of the statutory deduction at the following rates,'n.amely:-

(i) on so much of the chargeable amount as does not exceed five per cent. of the

6P id713 h a n e e (ho. i) amount of capital as computed in accordance with the Second Schedule

(ii) on the balance, if any, of the chargeable amount

1

able amount

. 2.5 per cent.;

. 30 per cent.".

CHAPTER VI

39. The Indian Tariff Act, 1934 (hereinafter referred to as the Tariff Amend- Act) shall be amended in the manner specified in the Second Schedule.

~~~~f

of 1934. '

40. In the Central Excises and Salt Act, 1944, in the First Schedule,- Amend-

ment of Act 1 of 1944. (i) for Item No. lE, the following Item shall be substituted,

namely: - "1E GLUCOSE AND Ten per cent. ad valorem.";

DEXTROSE AND PREPARA-

(1) Glucose in whatever form, including liquid glucose, dextrose mono-hydrate and anhydrous dextrose.

(2) Preparations of glucose and dextrose in which the reducing sugars expressed as anhydrous dextrose amount to more than eighty per cent. by weight.

(ii) after Item No. lE, the following Item shall be inserted, , namely:-

I

. >

'IF MAIDA- ! Ten paise per kilogram.';

"Maida" means the . ,. . . . product of wheat known ' , . ,

commercially as maida obtained by milling clean- ed, hard or soft wheat or blends thereof in a roller flour mill.

(iii) in Item No. 6, for the ehtry in the third column, the en-cry "Nine hundred and twenty rupees per kilolitre at fifteen degrees of Centigrade thermometer." shall be substituted;

(iv) for Item No. 11A, the following Item shall be substituted, namely: -

" 1 1 ~ ALL PRODUCTS - e -. DERIVEP FROM REFINING - _ _

k

152 ginance (No. 2 )

OF CRUDE PETROLEUM OR SHALE CWHETHER GASE- OUS, LIQUID, SEMI-SOLID, OR SOLlD IN FORM), NOT OTHERWISE SPECIFIED IN- CLUDING REFINERY GAS- ES, LUBRICATING OIL AND GREASES, WAXES AND COKE- I

(1) Mineral turpen- Twenty per cent. ad valorem plus ' tine oil one hundred rupees per metric

I tonne.

(2) Liquefied petro- Two hundred and fifty rupees leum gas *I . -I ! per metric tonne.

(3) Others Twenty per cent. ad vatorem."; ,

(v) after Item No. 11A as so amended, the following Items shall be inserted, namely:-

'11B COMPOUNDED LU- Twenty per cent. ad valorem, BRICATING OILS AND GREASES, THAT IS TO SAY, LUBRICATING OILS AND GREASES OBTAINED BY COMPOUNDING OF MINE- RAL OILS, WITH ANY OTHER ING~EDIENTS.

Explanation.-The expression "mineral oil" has the meaning assigned to it in Explanation I to Item No. 6.

i

1lC CAJXI,NED PETRO- Twenty per cent. ad vatorem.'; LEUM COKE.

1 I

(vi) for Item No. 14AA, the following Item shall be substituted, namely: -

"14AA CHEMICALS, THE Ten per cent, ad valorem,"; FOLLOWING, NAMELY: -

(1) Calcium carbide. ,. ,. (2) Bleaching paste ,

and bleaching powder. , . 1

(3) Sodium hydrosul- , , . : phite. I , % c

$4) Bicarbonate of < .

soda.

( 5 ) Bichromates of I

I

1 - - . - 7 = - potassium or sodium. I .

-.. -- . - '9

(6) Hydrogen per- oxide.

(7) Potassium per- \

manganate. (vii) for Item No. 14F, the following Item shall be substituted,

namely : - '14F COSsMETICS AND Twenty-five per cent. ad vaiorem.':

TOILET PREPARATIONS NOT CONTAINING ALCO- HOL OR OPIUM, INDIAN HEMP, OR OTHER NARCO- TIC DRUGS OR NARCO- TICS, NAMELY: -

- (i) Preparations for the care of the skin in- , eluding beauty creams, vanishing creams, cold - ,

creams, make-up creams, cleansing creams, skin foods and tonics, face powders, haby powders, toilet powders, talcum powders and lipsticks.

(ii) Preparatio~is for the care of the hair-

(a) Hair lotions, \

creams and pomades. (b) Perfumed hair ,

oils.

(c) Shampoos .-

whether or not con- ,' taining soap or deter-

gent. - v

Explanation.-"Al- cohol", "Opium", "In- -- s

dian hemp", "narcotic T.-

drugs" and "narcotics"

h ' , have the meanings,

respectively, assigned . , I ,

to them in section 2 of > 4 @ , , ?'.

the Medicinal and , Toilet Preparations - L -

(Excise Duties) Act, I , ' . ,..

b df 1955. 1955. .

(Iriii) in Ttem No. 15, for the @hery ih the third column aminst sub-itern 1(2), the entry " ~ w e l v e and a half per cent. ad valorem."

I ' shall be substituted;

(ix) for Item No. 15A, the following Item shall be substitutedl

5A ARTIFICIAL O R -- - -- -,- - -

SYNTHETIC RESINS AND

I , PLASTIC MATERIAIS, AND

P

I L - --- ---- +-- -n---v7?..-m--L!* %---- -" d- -. -- -.. --- .. -- - -- % --- ---- - - ---

I- i -

i34 Finance (iio. 2 ) [ACT 32 ARTICLES THEREOF--

(1) Artificial or syn- Thirty per cent. ad valorem. thetic resins and plastic materials in any form, whether solid, liquid or

pasty, o/r as powder, gra- nules or flakes, or in the form of moulding powders, the following, namely: -

(i) Condensation, Poly-condensation and Poly-addition products, whether or not modified or polymeris? ed, including Pheno- plasts, Aminoplasts, Alkyds, Polyamides, Polyurethane, Polyal- lyl Esters and other Unsaturated Polyest- ers;

I

(ii) Polymerisa- tion and Copolymeri- sation products including Polyethylene and Polytetrahaloeth- ylene, Polyisobutyl- ene, Polystyrene, Po- lyvinyl chloride, Poly- vinyl acetate, Poly- vinyl ChIoroacetate and other PoIyvinyl derivatives, PoTyacryo Uc and Polymethacry. lic derivatives and Coumarone-Indene re- gins; md

i .s 1

l-..

(idi) Cellulose acetate (including di- o t triacetate) , Cellulose acetate butyrate and Cellulose propionate,

, Cellulose acetate-pro. , pionate, Ethyl cellu-

lose and Benzyl cellu- , whether plastic. or nut, and plasti-

ised Cellulose nit&- -- -

4 4

(2) Articles made of Thirty per cent. ad valorem. plastics, all sorts, including tubes, rode, sheets,

foils, sticks, other reFtan- gular or profile shapes, whether laminated or not, and whether rigid c r f exi- ble, including layflat tub- ings and polyvinyl chloride sheets, not otherwise

' specified.

(3) Polyurethane Forty per cent. ad valorem.

foam. (4) Articles made of Forty per cent. ad valorem.';

polyurethane foam. Explanation.-For the

purpose of sub-item (21, "plastics" means the various artificial or synthetic resins or plastic material included in sub-

. item (1).

(x) in Item No. 16A, for the entries in the third column against sub-items (1) and (2), the entries "Forty per cent. ad valorem." and "Twenty-five per cent. ad valorem." shall, respectively, be substituted;

(xi) after Item No. 22B, . ~ n e following Items shall be inserted, namely: -

"22C LINOL,EUM, THAT Twenty per cent. ad valorem IS TO SAY, COVERING MATERIAL PREPARED ON A BASE OF PAPER OR PAPER BOARD (INCLUD- ING FELT PAPER OR FELT PAPER BOARD) OR TEX- TILE FABRICS, BY IM- PREGNATION OR COAT- ING WITH A 1,INOLEUM CEMENT.

22D ARTICLES OF Ten per cent. ad valorem. READY-TO-WEAR APPAR-pr, EL (KNOWN COMMER- CIALLY AS READY-MADE GARMENTS) , TNCLUD I N C; UNDER GARMENTS AND BODY-SUPPORTING GAR- MENTS BUT EXCLUDING ARTICLES OF HOSIERY. IN 011 IN RELATION TO THE M.RNUFACTURE OF WHTCH ATW PR.OCESS TS ORDT- N.ARTLY CARRIED ON WITH THE AID OF POWER.


22E TYPEWRITER AND Ten per cent. ad valoremJJ. SIMILAR RIBBONS, WHE- THER OR NOT ON SPOQLS.

(xii) in Item No. 23A, for the entries in the third column against sub-items (1) and (4), the entries "Fift&en per cent. ad ualorem." and "Twenty per cent. ad valorem." shall, respectively, be subs-tituted;

(xiii) in Item No. 23B, for the entry in the third column against each of the sub-items (1) and (4), the entry "Twenty per cent. ad valorem." shall be substituted;

( d v ) alter Item No. 23C, the following Item shall be inserted, namely: -

'23D MOSAIC T I L G , IN Ten per cent. ad valorem.'; OR IN RELATION TO THE MANUFACTURE OF WHICR ANY PROCESS IS ORDI-

NARILY CARRIED ON, WITH THE AID OF POWER.

Explanation.-For the purposes of this Item, "mosaic tiles" means tiles known commercially as mosaic tiles.

(xv) in Item No. 27, after sub-item (e), the following sub-item shall be inserted, namely:-

' ( f ) Containers made of Twenty-five per cent. aluminium. ad ~alo?~err?,.';

Explanation.- "Contain- ers" means containers ordinarily intended for packaging of gbods for sale, jncluding casks, drums, cans, boxes, gas cylinders and pressure containers, whether in assembled or unassembled cond!tinn, and containers lrnown commercially as flattened or folded con- 1 tainers. ,

(xvj) after Item No. 30A, the following Item shall be inserted, namely:-

"30B MOTOR STARTERS Ten per cent. ad vnlore~n."; I

(xvii) in Item No. 32, for the entries in the third column against sub-items, ( I ) , (2), (3) and (4), the entries "Twenty per cent. ad.

valorem.", "Thirty per cent. ad valorem.", "Ten per cent. ad valorem." and "Twenty-five per cent. ad valorem." shall, respectively, be substituted;

(xviii) for Item No. 33, the following Item shall be substituted, i namely: - I I

"33 ELECTRIC FANS, ALL SORTS-

(1) Table, cabin, car- Six per cent. ad valorern. riage, pedestal and air cir- culator fans, of a diameter not exceeding 40.6 centi- metres. . . , ,

OF 19711 I!%zancy Wo. 2) , . : - -- 1:5;7,

(2) Those designed for , , Ten per cent.,,ac$ valo,rem. use in an industrial system

-* 4 ; , I ! ' $ f t as parts indispensable for its operat.ion and have been given , I

for that purpose some special i '

shape or quality wl~lch would not be essential for their use for any other purpose. I ' I , [

/ / ' % j , . , . , ! : ; i , ; .(3) Not otherwise ' spe- . , , , Teg . per. ,- cent. ~4 v~lorem.";

cified. . .

(six) ' after Item No. 33D, .the following Item shSll be inserted, namely: -- . . , . I

'33E ELECTRICITY SUP- , ' Ten' per kenti 'ad. Bdlorem.; 1 ,

PLY METERS- I . , , (

, ' "Electricity supply

meters" means meters for measuring and regiktering

I ' i 1 the amount of electricity

consumed in ampere hours I ' or multiples thereof, or the amount of electric energy ?,,, r

< , .'-I

consumed in watt hours or . multiples thereof. + ' , - , ', 2

(xx) after Item No. 34, the' fol10,wing 1tkis ; shall :be :i&erted, namely: - > G

, : >t

'34A PARTS AND AC- Ten per ~ e n t . p,cl u a l o ~ ~ m . CESSORIES OF MOTOR V E " i

HICLES, NOT OTHERWISE , , , , c

I .

SPECIFIED. , , I , ' - I

i Explanation.-The expres- , ,

sion "Motor vehicles" has the I

> i : : i~ meaning assigned to it in Item No. 34.

Y 73

' *

34B WORKS TRUCKS, ' Ten per oenb'ad z ~ l o ~ e m . ; MECHANICALLY PROPEL- ' ' ' I ; # , . LED, USED FOR SHORT DISTANCE TRANSPORT OR ' : ' 7 #: I

HANDLING OF GOODS, THE i b . t - a i r - 4 FOLLOWING, NAMELY: - I,?.

, A , , 7 . . , ., .- , !. , , ; . , I i . I . % ,. . . . ... . , .: : j l L . l < b ; , :,,,:

. ,",.. (I) Forklift trucks. .: . . . : , . , , * ! . . . ' , >..

. ! , ; . " 3 , . - (2) Platform trucks. . . . ; , .,. a . : , , ; j ; t r 8 , " Z , : .

(xxi) after Item No. 37A, the following Items siidl'bk inserted, namely: -

I ,

"37B CINEMATOGRAPH ' I \

Twenty per. cenfj. ad valorem. PROJECTORS.

I , (

. ,!

37C PHOTOGRAPHIC , Twenty :cent. pd valorem. ' : CAMERAS. i , UC*

(xxii) in each of the Items Nas. 41 and ,42, for thelFdtrY in the third column, the entry "Two paise eachl." shall be sul,x\jtuted;

(x~iii) Item No. 44,shall be omitted; : ,

$ Law-32. I I

158' , ,'wT--' &nanc6 ?No! 2) [ACT' 32

i " '(kkiv) Yor ItemL'Nof '46, the fdllo*ing Item shall be substituted,

namely: - ,

'46 METAL, CONTAIN- Ten per cent. ad valorem.'; ERS NOT ELSEWEIERE SPE- CIFIED.

Explunatt~i~.-The expression "containers" has the meaning assigned to it

. i s ( . ( ( I ] .

in the Explanation to Item No. 27.

' , I . , i * r l (xxv)~'after Item No.' 48, the .following Items shall be inserted, namely:-

: % * 'j.149 'ROLliZNG . BEARINGS, . , . . , Ten; per ! cent. -ad. ualorem. THAT IS TO SAY, BALL OR . . . . ., ROLLER BEARINGS, ALL 5 ~, . .

SORTS.

50 WELDING ELECTRO- . . . : Ten p!er ce.gt. , . . . . . pd:,Glo?.em. DES, ALL SORTS. b p ~ ,

51 COATED ABRASIVES 'Ten per ~cetlt J , u d valorem. . . . . . . . . . . AND GRINDING ;VHEELS, . . ,

IN OR .IN RELATION TO THE .i ; . . :

MANUFACTURE OF WHICH .! . . . . . . . . .

ANY PROCESS IS ORDI- . . . . . . . . . . . . : . .

:,.. :.:., ,,.qPqiLX C.AR,EIErD,ON, WITH. , , . . . , .. THE AID OF POWER, '?HE . .

FOLLOWING, NAMELY : - .. , e . , ,i!is..!'< :i3,,; ; 3 ; I : ;

a tu ra l or artifi- ' . .

, , : . , [ . . ) . . . . . . . r r : . . .

cia1 abrasive powder or >,.. *.,. . . . . , . f , : . ' , : I ,

grain on a base of woven - . < , : , : . . . : . , . . , . ,

. . fabric, of paper, of paper . .

board or of other materials " ' ' '>' " j : , . r i

. . . , . . . ) ; . ' whether or not cut td ' ! I ! . .: ;::>

. : , . . . shape or sewn or otherwise ' I . ' : '

. . . . made up. . : .

i d ? . , . . 1 (12)ttG-rind4~g --'wheels , , :.: * , e F , . ' . . c . ,..: .. * . ' ,>:! : t . : .

... .. and the like '(including . .; . . . . .. . . . . . . : , , . ,! : ! , ; . . : ! , ' *

. . grinding, sharpening, poli- : : ; , < . . . . . . . : . , ' . +

. . . . . shing, trueing and cutticg . : . .., . , ! . ., . : : : I ;..; , . . .

wheels, heads, discs a n . : - . . ; . . . : , , . . : .. . , j

. . . . . points), of natural stone. f . . . . . . . . , . .:r; ; : ,.!:,: . , j

(agglomerated or not), of , . '.! # , , agglomerated natural or

artificial abrasives, or of : . : .

.qp$Cerg, with: or. wi+oqt . . : : < $ ' . . , > , ! Z . : . . I .

cores, shanks, sockets, . . ;, . ., . )

. i q i . : . ; .;;i2 : a?xles:,a,yd the lilre ?f, other . . . . I . . : ! , . ~ . , : . . .

materials, but not inount- I . .: , ' . I .

e@ on frame-works; seg- ., , . ,:.c,, : ..\,: 1.. .. . . ,?,;:! j ( ) j ; : ! ; ! : , ,.. . . .. " . &;bts 5nd ;other' . . . <

. . . . . : . . . . . . parts of such . wheels, . -of

. I , : : . . katui;$l $ t e n ~ , (aggloMerat.- : , ; ,! ; L I . . . . . . -

i . ,:!:j;~!:,,!;~ . ed ;or ,lb'f;aa,ll~b-6r& . ; I - . -I : . - !i .)

. . c.-- ed natural or artifi&inlr~h- . ;. : i , , .: ! . . . ,!.,y ;, . :

. . rasivcs, ~r uf pottery. , i .

. . . . ,

Explanatton.-The ex.. ) I $ 1 k 11

pression "grillding wheels , , and the Illre" and "seg- . I

ments and other finished ,>I . parts of such wheels" shall mean those used on machine tools, electro- mechanical or pneumatic hand tools, for the trim- ming, polishing, sharpening, trueing or cutting of metals, stone, glass, plas-

-. tics. ceramics, rubber, leather, mother of pearl, ivory and the like.

52 BOLTS AND NUTS, Y E ~ R E A D ~ D ' 'OR TAPPED, AND SCREWS, OF BASE METAL OR ALLOYS THERE- OF, IN OR IN RELATION TO THE MANUFACTURE OF WHICH ANY PROCESS IS ORDINARILY CARRIED ON WITH THE AID OF POWER.

Ten per cent. 4d ,lr;al~rem.

i ' , I t ,

, a

1 ,

I ;

1 , . I I _ .

, I , : I , . .

, ,,

Exp1anati~on.-The expres- . i 6 ' . :

a. L

L sion "bolts and nuts, threaded or tapped, and screws" used iq -tJlis Item shall include b&:, . , .

" . , ,' , j / . ,

.:

! . . ; ; , I , . ~

ends, screw studs, screw stud- ! i ~ . . ~ . ~ l ~ ; , G , . ~ . , + , , : , : ..:!+:. , i . . L I{) ,!,,

cling, self-tapped screws, : , ~

1 , ::, .: .: . . . i .

, z $ 5 . , , : * : ! .

>, 3, ! :' :. . . .... . . ,. ,,

; . ; : : screw Hooks:and, screw fi11.g~. : : . . . . i CI.! ! : , : ( . ; , ! .;z . . '

. . , . . . . . , i f : . ; . ' 1 , . : )

I ' . , . , . '53 ZIP OR SLIDF~,FA$~~, ,~ ; I , + : , , , i j . C ! i ".. ...

&NERS AND PARTS THERE- . . .

. . . . , c : : ; . . . . . )$! ; . : f!.. , C)F- ' . . , .. . .

, . , ; , : , ; . ; { i - , . , ~ j ; , ; . < i ! ;;(.;! (1) Zip or Slide Fast- per cent. ad ualorem.

r ' eners. . . , . : : ( v j '

(2) Parts of Zip or Slide Fasteners.

54 PRESSURE COOK- ' ERS- \

"Pressure , cookers" j means enclosed cooking

vessels for use with an external heat source, capable of maintaining working steam, pPessure, known commercially as pressure copkers. 55 VACUUM FLASKS

AND OTHEA, VRWUM VESSELS AND PARTS THEREOF-

Twentxiffve!:.per cent. ad . vqtq~,e~&. .,;

~ w e n t ; per. cent. ad valorem. I :

. .

, , . * $0

\ . 8 : , . ! I

, . . , . . . : , : .

. > - + ,, ! L

: , !

: i. i ' , , . ; , I .> ; ;

, ,$ ; , t i j , I < ~ . f t ~ ~ i 2. 8 ; ,. i , :;,:., % ; ! , , I : , ' , .

160 Finance (No., 2) [ACT 32

Amend- ment of Act 58 of 1957.

(1) Vacuum flasks @ifteen per cent. ad vabrem. and other vacuum vessels. , , a

(2) Parts of vacuum Twenty per cent. ad valorem. flasks and other vacuum ' vessels. I

I .

56 PLAYING CARDS 57 CAMPHOR 58 MENTHOL

59 ELECTRIC INSULAT- YNG TAPES, IN OR IN RE- LATION TO THE MANU- FACTURE OF WHICH ANY PROCESS IS ORDINARILY CARRIED ON WITH THE AID OF POWER.

80' ADHESIVE TAPES, ALL SORTS, NOT ELSE- WHERE SPECIFIED, IN- CLUDING CELLULOSE AD- HESIVE TAPES AND PAPERBACKED ADHESlVE TAPES, IN OR IN RELA- TION TO THE MANUFAC- TURE OF WHICH ANY PRO- CESS IS ORDINARILY CAR- RIED ON WITH THE AID OF POWER.

~ w e n \ t ~ per cent. ad valorem. ' 'Ten per cent. ad valorem.

v en per cent. ad valorem. Ten 'per cent. ad valorem.

a Ten per cent. ad vaiorem.'.

-

a I *

% %

41. In the First Schedule to the Add5tional Duties of Excise (Goods of Special Importance) Act, 1957,-

(i) in Item No. 4, under "11. $anufactured tobacco-", for the entry in the third column against sub-item (2), the entry "Seventy- five per cent. ad valorem." shall beJsubstituted;

' i t ' I ' /

(ii) in Item No. 19, for sub-item I (2), the following sub-item shall be substituted, namely: -

I - ' \ , 1 , I ; i l l 3 ' . %

" (2) Others-

i t i , r F

.'' (a) Cotton fab- 25 paise per rios, superfine square metre.

L I' I (b) Cotton fab- 15 paise per

rics, fine $,square metre.

! ( c ) Cotton fab- ' ' 6 paise per

' J rics, medium-A square metre.

(d) Cotton fab- 6 paise per rics, medium-B square metre.

(e) Cotton fab- 4 paise per rics, coarse

c . square metre. (f) Cotton fab- ,., I ,paise per , s

rics not otherwise r ' !square metre.". specified v

Finance (NO. 2)

42. In section 3 of the Mineral Products (Additional Duties of Excise Amend- and Customs) Act, 1958, in sub-section (I) , in the Table, for the entry ment of

Act 27 of in the second column against item 3, the entry "Five hundred rupees per 1958. kilolitre at fifteen degrees of Centigrade thermometer." shall bk substituted. ,

CHAPTER VII * FOREIGN TRAVEL TAX

43. (1) The provisions of this Chapter extend to the w h ~ l e oi lndla Extent

gw- Oi ja -f: and corn-

mence- (2) They shall come into force on such date1 as the Central Govern- mellt.

ment may, by notification in the Official Gazette, appoint.

Defini- tions.

- "ne be

carriage of passengers;

(b) "carrier" means the person or authority undertaking the carriage of a passenger on an international journey and includes any agent, representative or other person acting on behalf of such person or authority;

(c) b b ~ ~ ~ t o m s port" and "customs airport" mean, respectively, a port or airport appointed as such under clause (a ) of section 7 of the Customs Act, 1962;

(d) "fare" means the total amount of all charges of whatever nature (including charges, if any, for provision of food or accommodation) payable to the carrier by or on behalf of a p,assenger in respect of his international journey;

(e) "international journey", in relation to a passenger, means-

(i) his journey from the last customs port or customs airport of departure of the ship or aircraft in &het-=w&eh

to a place outside India, and includes fur- passenger outside India by the same or

different carriers; I

(ii) his journey from a place outside India to the first cus- '

of arrival of the ship or aircraft in

irrespective of whether the journey commences or terminates at such customs port or customs airport;

(f) "passenger" means any person travelling on board a ship or an aircraft on an international journey except-

(i) a person employed or engaged' in any capacity on board the ship or aircraft on the business thereof;

(ii) a person on board the ship or aircraft either in pur- . suance of obligations laid upon the.. master, .captain or . other

, , ; ! :

: . , person in charge of the ship or aircraft.. to c.arry siip-wrecked or I " >.-. . -- ' - -.-.---- -- .-

, . , . -- .- -, . - - .. . . . . - w--i ,. ,

$5-1&f971 : Vide Notification No GSK 145z,dsted,?-10-1g71, Gazette of lndia. . '

xtraordinary, part 11, Section 3 (i) P. 27.

4 . a d, %A, 9 M ~ g # , v ~ " a & i " ~ d . f 1-'14914) '7 ) I

162 h'znance (No. 2) [ACT 32

Foreign travel tax. 1

Power to exempt.

Penalty.

Protec- tion of action taken in good faith.

. distressed or other persons or by reason of any circumstapes which neither the master of captain or other person in charge of the ship or aircraft nor the charterer, if any, ppuld have preven- 'ted or iorestalled;

I I

(g) "shp" means a ship used (whether exclusively or not-) for the carriage of passengers.

45. (1) With effect from the date 01 commencement oi this Chapter, mere shall be levied and p a d to the Central Government in respect 01 every ~n te rna t io~a l journey by a passellgel, where tkle iare Lor Auch Journey 1s yalu ur 1s payable 111 lriaian currency, a tax (hereafter ~h this Chapter referred to as the foreign travel tax) at the rate of fifteen per cenl. u l the kare paid or payable by sucrl passenger lor sucdl journey.

Eq1anatzon.-When a passenger performs an internabional journey at a concessional rate or without being charged any h e , the fare ordinarily payable for the journey shall, for the purposes of thls section, be deerned to be the lare payable by such passenger.

( 2 ) In accordance with rules made under this Chapter, the foreign tra;veJ >tax shall ,be collected by the carrier undertaking the carriage of the passengers, or, where the tlckets or other relevant documents for such carriage are not issued by such carrier, by the carrier to whom. such tickets or other documents relate, as an addition to the fares payable by sucp passengers and shall be 'paid to the Central Government.

A

46. Notwithstanding anything cohtained in this Chapter, the Central

(a) by notification in the Official Gazette, and subject to 'such conditions and limitations 6s may be specified therein, ex&,rript, wholly or to such extent as may be specified in the notification, an$ class or classes of pasGengers or any category or categqrieq of passengers under any such class from the payment of foreign travel tax if that Government is satisfied that it is necessary so to do in the public interest;

(b) by order in writing, and subject to such conditions and limitations as may be specified therein, exempt, wholly or to quqh extent as may be specified in the order, any passenger from the payment of the said tax if that Government is satisfied) for reasons to' be recorded in the order, that it is necessary or expedient so to do, having regard to the special circumstances of his case and the purpose of his journey.

47. Any carrier contravening the provisions of sub-section ( 2 ) of section 45 and any person committing a breach of any rule or regulation k a d e under this Chapter shall be liable to a penalty not exceeding five thousand rupees and such penalty may be adjudged by such authority and infsuch manner as may be specified in the rules made under this Chapter.

48. No suit or other leg4 proceeding shall lie against the Central Government and no suit, prosecution or other legal< proceeding shall lie algainst ,any officer or authority of bhat Government .fop anything, in good faith done or intended to be done in pursuance of this Chapter or the rules and regulations made thereunder.

I I

Finance (No. 2) 163

49. (1) The Central Government may, by notification in the Official Power to Gazette, make rules for carrying out the purposes of this Chapter. make

. * - - , . ,? [ , , A rules. (2) In particular, and without prejudice to the generality d f the fore-

going power, such rules may provide for-

(a) the assessment and collection of the foreign travel tax including the charges for collection payable to carriers, the authorities by whom adjudication of penalty and other functions under this Chapter

.are to be discharged, the issue of notices requiring payment of such tax, the rnanner in which such tax shall be payable, the recovery of any such tax due .to the Central Government in the same manner as an arrear of land revenue or in any other manner, and the procedure for claiming refund of any amount paid under this Chapter;

(b) the powers of authorities referred to in clause (a) to enter, inspect and search any ship or aircraft or any premises of a carrier and to examine any tickets, books of account, returns or other documents for the purpose of carrying out any duty imposed on any such authority by or under this Chapter:

Prov,ided that the provisions of the Code of Criminal Procedure, 1898, relating to searches shall, so far as they are applicable, apply in relation to searches under rules made under this clause;

\

(c) the procedure for adjudication of penalty:

(d) appeal and revision in the case of any order made under this ' Chapter, 'the manner in which and the time within which appeal may

I ,l ''be preferred or application for revision may be made and the fees ' pay'able 'th'drefor;

( e ) any other matter which is to be, or may be. provided for by rules under this Chapter.

50. (1) The Central Board of Excise and Customs constituted under Powerto section 3 of the Central Boards of Revenue Act, 1963, may, by notification make re- in the Official Gazette, make regulations consistent with this Chapter and gulations. the rules made thereunder, generally to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, 3Mch regulations may provide for-

(a) the returns and other particulars and fnforination which carriers shall furnish, the authorities to whom, and the intervals a t which, such returns, particulars and information shall be furnished;

(b) supplemental matters arising out of any rule made by the' Central Government, under this Chapter.

51. Every rule made under this Chapter and every notification Rules and issued under section 46 shall be laid as soon as may lx after i t is made notifica-

tions tr! or issued before each House of Parliament while it is in session for a total laid period of thirty days which may be comprised in one session or in two before successive sessions, and if, before the expiry of the session in which it is Parlia- so laid or the session immediately following, both Houses agree in making ment. --. -- --- .- any modification in the ru le or notification or both ~ & u s e s agree that the -

rule should pot be made Qr the notification Should not be issued, the rule

164 Finance (No. 2) LACY 32

or notification, shall thereafter have effect only in such modified form or be of no effect, as the casedmay 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.

, .

CHAPTER VIII

Amend - 52. In the First Schedule to the Indian Post Office Act, 1898, for the ment of Act 6 sub-heading "Parcels" and the entries thereunder, the following shall be of 1898. substituted, namely: -

1 ' I "Parcels

For a .weight not exceeding four hundred grams One rupee.

For every four hundred grams, or fractioh thereof, exceeding four hundred grams One rupee.".

Amend- 53. In the Deposit Insurance Corporation Act, 1961, in section 30, for rnent Of the words "nine accounting years", the words "fourteen accounting years" Act 47 of 1961. shall be substituted.

Houslng 54. Notwithstanding anything contained in the Income-tax Act or the and Urban Companies (Profits) Surtax Act, 1964, the Housing and Urban Develop- of 1964. Develcp- ment Finance Corporation Private Ltd. (a Government cornpany as de- ment Finance fined in section 617 of the Companies Act, 1956) shall not be liable to pay of 1956. Corpora- any tax, under either of the two Acts first mentioned, on its income, profits tion Private or gains for the previous year relevant to the assessment year cornmenc- ~ t d . to be ing on the 1st day of April, 1971 and for the exempt followihg that 'previous year. for a certain

surtax.

Repeal. 55. Section 2 of the Finance Act, 1971 is hereby repealed and shall be 14 of 1971.

deemed never to have been enacted.

Finance (No. 2)

ITHE FIRST SCHEDULE

- I

(See section 2)

I I PART I - i i, I I , :: ' . ..,.: , t ;. .,,

INCOMX-TAX AND SURCHARGES ON IN'COMX-TAX

Paragraph A

In the case of every individual or Hindu undivided family or, w- registered firm or other association of persons or body of individuah whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Tncome-tax 'Act, net being a case to which any other Paragraph of this Part applies,-

Rates of income-tax

(1) where the total income does not exceed Rs. 5,000 Nil;

(2) where the total in- 10 per cent. of the amount by come exceeds Rs. 5,000 but which the total income exceeds does not exceed Rs. 10,000 Rs. 5,000;

(3) where the total in- Rs. 500 plus 17 per cent. of the come exceeds Rs. 10.000 but . amount by which the total in-

does not exceed Rs. 15,000 come exceeds Rs. 10,000;

(4) where the total in- Rs. 1,350 plus 23 per cent. of thq. come exceeds Rs. 15,000 but amount by which the total in- does not exceed Rs. 20,000 come exceeds Rs. 15,000;

(5) where the 'total in- Rs. 2,500 plus 30 per cent. of the come exceeds Rs. 20,000 but amount by which the total?in- does not exceed Rs. 25,000 come exceeds Rs. 20,000;

(6) where the total in- Rs. 4,000 plus 40 per cent. of the come exceeds Rs. 25,000 but amount by which the total jn-

does llol exceed Rs. 30,000 come exceeds Its. 25,000;

(7) where the total in Ra. 6,000 plus bU per wut. uL the come exceeds Rs. 3,0,000 but ~ruounh by whihici~ the tola! \ad

does no1 exceed Ra. 40,00U come exceed8 Ha. 30,OUO;

(8) where the total in- Rs. 11,000 plus 60 per cent. of the come exceeds Rs. 40,000 but amount by which the total in- does not exceed Rs. 60,000 come exceeds Rs. 40,000;

(9) where the total in- Rs. 23,000 plus 70 per cent. of the come exceeds Rs. 60,000 but amount by which the iota1 in- does not exceed Rs. 80,000 come exceeds Rs. 60,000;

(10) where the total in- Rs. 37,000 'Plus 75 Per cent. of the come excecds Rs. 80,000 but emount by which the total, iq- does not exceed Rs. 1,00,000 F9m.e slhceed;J Rs. 80,008;.

! -. I

. ,pc.Z ' -.*--7-:7 &,fie-: j :. 4 Law-23. . I ' " '

? ., , . .. .:.

166 Finance (No. 2 ) [ACT 32

(11) where the total in- Rs. 52,000 plus 80 per cent. of the come exceeds Rs. 1,00,000 but amount by which the total in- does not exceed Rs. 2,00,Q00 come exceeds Rs. 1,00,000;

'(12) where the total in- Rs. 1,32,000 plus 85 per cent. oi come exceeds Rs. 2,00,Q00 the amount by which the total

income exceeds Rs. 2,00,000:

Provided that for the purposes of this Paragraph, in the case of a Hindu undivided family which at any time during the previous year satisfies either of the following two conditions, namely:-

( a ) that it has a t least two members entitled to claim partition who are not less than eighteen years of age, or

(b) that it has .at least two members entitled to claim partition who are not lineally descended one from the other and who are not lineally descended from any other living member of the family,--

( i ) no income-tax shall be payable on a total income not exceeding Rs. 7,000;

( i i ) where the total income exceeds Rs. 7,000 but does not exceed Rs. 7,660, the income-tax payable thereon shall not exceed forty per cent. of the amount by which the total income exceeds Rs. 7,000. .

Suncharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph shall be increased by a surcharge for purposes of the Union calculated at the rate of ten per cent. of such income-tax.

Paragraph B

In the case of every co-operative sodety,- !

Rates of i-ncome-tax i I

(1) where the total in- 15 per cent. of the total income; come does not exceed R,s. 10,000

(2) where the total in- Rs. 1,%I88 plus 25 per centn%. of the come e~ceecls Rs. 1Q,QOIB b~at amount by which the total h- d m not exceed Rs, 20,000 come exceeds Rs, 10,000;

(3) where the total In- Rs. 4,000 plus 40 per cent. of the come exceeds Rs. 20,000 amount by which the total in-

come exceeds Rs. 20,000.

Surcharge on income-tm

The amount of income-tax computed at the rate hereinbefore specified shall be increased by a surcharge for purposes of the Union calculated st t& ~af ,e of team per cent. of such income-tax.

OF 19711 Finance (No. 2) 167

Paragraph C In the case of every registered firm,-

Rates of income-tax *

(13 where the total income does not exceed Rs. 10,000 Nil;

(2) where the total in- 4 per cent. of the amount by which come exceeds Rs. f0,060 but the total income exceeds does not exceed Rs. 25,000 Rs. 10,000;

(3) where the total in- Rs. 600 plus 6 per cent. of the come exceeds Rs. 25,000 but amount by which the total in- does not exceed Rs. 50,000 come exceeds Rs. 25,000; .

(4) where the total in- Rs. 2,100 plus 12 per cent. of the come exceeds Rs. 50,000 but amount by which the total in- does not exceed Rs. 1,00,000 come exceeds Rs. 50,000;

(5) where the total in- Rs. 8,100 plus 20 per cent. of the come exceeds Rs. 1,00,000 amount by which the total in-

come exceeds Rs. 1,00,000.

Surcharges on income-tax

The amount of income-tax computed at the rate hereinbefore specified shall be increased by the aggregate of surcharges for purposes of the Union calculated as ,specified hereunder:-

(a) in the case of a registered firm whose total income includes income derived from a profession carried on by it and the income so included is not less than fifty-one per cent. of such total income, a surcharge calculated at the rate of ten per cent, of the amount of income-tax computed at the rate hereinbefore specified;

1 >

(b) in the case of any other registered firm, a surcharge calculated at the rate of twenty per cent.: of the amount of . ipcome- tax computed at the rate hereinbefore specified; and

(c) a special surcharge calculated at the rate of ten per cent. on the aggregate of the following amounts, namely:-

(i) the amount of income-tax computed at the rate hereinbefore apecffied; and

(ii) the asmount of the surcharge calculated in accordance with clause (a), or, as the case may be, clause (b ) 'of this hisub- paragraph. I

Explanation.-For the purposes, of this Paragraph, "registered firm" includes an unregistered firm assessed as a registerbd firm under clause ( b ) of section 183 of the Income-tax Act.

Paragraph D , ,

In the case of every local authority,-

Rate of income-tax

On t.he whole of the total income ' . 50 per cent.

$6 8 Pinance (No. '2) ~ K C T 48 Surcharge on income-tax

The amount of income-tax computed at the rate hereinbefore specified ahall be increased by a surcharge for purposes of the Union calculated ai; the rate of ten per cent. of such ineome-tax.

Paragraph E

In Qe case oY the LiZe Insurance Corporation of India established " h-aer the Life Insurance Corporation Act, 1956,- 31 of 1956 'i 1 )

Rates of income-tax

(.i3 on that part of its 52.5 per cent. ; , total income which consists of

profits and grains from life insurance business

-3: '

m>: fiig on fie balance, if any, the rate of income-tax applicable, of $he total income in accordance with Paragraph

F of this Part, to the total income of a domestic company which is a company in which the public are substantially interested.

i Paragraph F

In the case of a company, other than the Life Insurance Corporation 31 1956, ,o$,Jndia established under the Life Insurance Carl oration Act, 1956,-

$I Rates of income-tax

I. In the case of a domestic company-

(1) where the company . ' ,& a * company in which the .\ public are substantially inte-

rested,-

:If ( i ) in a case where 45 per cent. of the total income; the total income does not

, I exceed Rs. 50,000

(i i) in a case where . , , the total income exceeds 55 per cent. of the total income;

Rs. 50,000

(2) where the company , ,., L not a company in which , - %he public are substantially

interested,-

(i) in the case of an industrial compmy-

(a) on so much 55. per cent.; of the total income as does not exceed

Rs. 10,00,000

CJP 19'?11 Finance (No. 2)

(b) on the ba- 60 per cent. ; lance, if any, of the total income

(ii) in any other case 65 per cent. of the total income:

Provided that the income-tax payable by a domestic company, being a company in which the public are substantially interested, the total income of which exceeds Rs. 50,000, shall not exceed the aggregate of-

(a) the income-tax which would have been payable by the company if its total income had been Rs. 50,000 (the income of Rs. 50;000 for this purpose being computed as if such income included income from various sources in the same proportion as the total income of the company) ; and

( b ) eighty per c,ent. of the amount by which its total income exceeds Rs. 50,000.

.tI. .In the case of a company other than a domestic cornpany-

(i) on so much of the total income as consists of-

(a) royalties received from an Indian concern in pursuance of an agree-

ment made by it with the Indian concern after

I the 31st day of March, 1961, or

(b) fees for rendering technical services receiv-

ed from an Indian concern in pursuance of an agreement made by it with the Indian concern after the 29th day of February, 1964,

and where such agreement has, in either case, been . . approved by the Central Gov- ernment 50 per cent.;

(ii) on the balance, if any, of the total income 70 per cent.

/ s PART 11

Rates for deduction of tax at source in certain cases

In every case in which under the provisions of sections 193, 194, 194A and 19'5 of the Income-tax Act, tax is to be deducted at the rates in force,


deduction shall be made from the income subject to deduction, at the following rates: -

------------------ Rate of Rate of

income-tax surcharge

.................................... I . In the case of a-person other

than a company-

(a) where the person is resident-

(i) on income by way of interest other than "Interest on securities" 10 per cent. Nil

(ii) on any other income (excluding interest payable on a tax free security) 20 per cent. 3 per cent.

(6) where the person is not resident in India-

(i) on the whole income Income-tax at 30 per cent. (excluding interest payable and surcharge at 4.5 per on a tax free security) cent. of the amount of

the income

income-tax and surcharge on income-tax in respect of the income at the rates prescribed in Paragraph A of Part I11 of this Schedule, if such income had been the total income,

whichever is higher ;

(it] on the income by wayiof interest payable onLd_sax free security, - 15 per cent. 2-25 per cent

2. In the case of a company---] .(a) where the company

is a domestic company-

(i) on income by way of interest other than " Interest on securities " 20 per;cent, Nil

(ii) on any other income (excluding interest payable on a tax free security) 22 per cent. Nil

OF 19711 Finance (No. 2) 171

(6) where the company is not a domestic&ompany-

(a] on the income by way of dividends payable by any domestic company

(ii) on the income by way of royalties payable by an Indian concern in pursuance of an agreement made by it with the Indian concern after the 31st day of March, 1961, and which has been approved by the Central Government

(iii) on the income by way of fees payable by an Indian concern for rendering technical services in pursuance of an agreement made by it with the Indian concern after the 29th day of February, 1964, and which has been approved by the Central Government 7 -

(iv) on the income by way of interest payable on a tax free security

24.5 per cent. Nil

50 per cent. Nil

50 per cent. Nil

i

44 per cent. Nil

(v) on any other income 70 per cent. Nil

PART 111

Rates for calculating or charging income-tax in certain wses, deducting income-tax from income chargeable under the head "Salaries" or any payment referred to in sub-section (9) of section 80E and computing "advance tax".

I n cases in which ivome-tax has to be calculated under the first proviso to sub-section (5) of section 132 of the Income-tax Act or charged under sub-section (4) of section 172 or sub-section (2 ) of section 174 or section 175 or sub-section (2 ) of section 176 of the said Act or deducted under section 192 of the said Act from income chargeable under the head "Salaries" or deducted under sub-section (9) of section 80E of th? said Act from any payment referred to in the said sub-section (9) or in which the "advance tax" payable under Chapter XVII-C of the said Act 'has t a be computed, a t the rate or rates i n force, such income-tax or, a g

172 Finance (No. 2) [ACT 132 '

the case may be, "advance tax" (not being "advance tax" in respect of any income chargeable to tax under section 164 of the Income-tax Act at the rate of sixty-five per cent.) shall be so calculated, charged, deducted or computed a t the following rate or rates:-

Paragraph A

In the case of every individual or Hindu undivided family or unregistered firm or other association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which any other Paragraph of this Par t applies,-

Rates of income-tax

(I) where the total income Nil ; does not .exceed Rs. 5,000

(2) where the total income 10 per cent. of the amount by exceeds Rs. 5,000 but does not ex- which the total income exceeds ceed Rs. ~o,ooo Rs. 5,000;

(3) where the total income Rs. 500 plus 17 per cent. of the exceeds Rs. ~o,ooo but does not amount by which the total in- exceed Rs. 15,ooo come exceeds Rs. ~o,ooo; ;

(4) where the total income Rs. 1,350 plus 23 per cent. of the exceeds Rs. 15,ooo but does not amount by which the total in- exceed Rs. 20,ooo come exceeds Rs. 15,ooo ; .

(5) where the total income Rs. 2,500 plus 30 per cent. of the exceeds Rs. 20,000 but does not amount by which the total in- exceed Rs. 25,000 come exceeds Rs. 20,000;

(6) where the total income Rs. 4,000 plus 40 per cent. of the exceeds Rs. 25,000 but does not amount by which the total in- exceed Rs.$3o,ooo come exceeds Rs. 25,000

(7) where the total income Rs. 6,000 plus 50 per cent. of the exceeds Rs. 30,000 but does not amount by which the total in- exceed Rs. 40,000 come exceeds Rs. 30,000;

(8) where the total iilcollle Rs. 11,033 plur Go per cent. of the exceeds Rs. 40,000 but does not amount by which the total exceed Rs. 60,ooo income exceeds Rs. 40,ooo;

(9) where the total income Rs. 23,000 plus 70 per cent. of the exceeds Rs. 60,ooo but does not amount by which the total in- exceed Rs 80,ooo come exceeds Rs. 60,000;

(10) where the total income Rs. 37,000 plus 75 per cent. of the exceeds Rs. 80,ooo but does not amount by which the total io- exceed Rs. ~,oo,ooo come exceeds Rs. 80,000;

(11) where the total income Rs. 52,000 plus 80 per cent. of the exceeds Rs. ~,oo,ooo but does not -amount by which the total in exceed Rs. 2,oo,ooo come exceeds Rs. ~,oo,ooo;

(12) where the total income Rs. 1~32,000 plus 85 per cent. of exceeds Rs. 2,oo,ooo the amount by which the total

income exceeds Rs. 2,00,000 :

b~ i g7 l j Finance (No. 2) I73

Provided that for the purposes of this Paragraph, in the case of a Hindu undivided family which at any time during the previous year relevant to the assessment year commencing on the 1st day of April, 1972

' , / , satisfies either of the following t+o conditions, namely:-

(a) that it has at least two members entitled to claim partition who are not less than eighteen years of age, or

(b) that it has at least two members entitled to claim partition who are not lineally descended one from the other and wh'o are not lineally descended from any other living member of the family,--

(i) no income-tax shall be payable on a total income not exceeding Rs. 7,000;

(ii) where the total income exceeds Rs. 7,000 but does not exceed Rs. 7,660, the income-tax payable thereon shall riot exceed forty per cent. of the amount by which the total income exceeds Rs. 7,000. I

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph shall be increased by a surcharge for p,urposes of the Union calculated a t the following rates, namely:+

(a) in a case where the 10 per cent.; total income does not exceed Rs. 15,000

(b) in any other case 15 per cent. :

Provided that the amount of surcharge payable shall, in no case, exceed the aggregate of the following sums, namely:-

(i) an amount calculated at the rate of 10 per cent. on the amount of income-tax on an income of Rs. 15,000, if such income had been the total income (the income of Rs. 15,000 for this purpose being computed as if such income included income from varipus sources in the same proportion as the total income of the person concerned); and * I

(ii) 40 per cent. of the amount by which the total income exceeds Rs. 15,000.

-- Paragraph B . !

In the case sf every co-operative society,-

Rates of income-tax

(I) where the total income 15 per cent. of the total income; does not exceed Rs. ~o,ooo

(2) where the total income Rs. 1,500 plus 25 per cent, of the exceeds Rs. 10,coo but does not amount by which the total in-. exceed Rs. 20,003 come exceeds Rs. 19,000;

(3) where the total income 88: 4>000 plus 4a per cent. of the exceeds Rs. 20,030 amount by which tl3d total in-

come exce~ds ps. 20,oag. 4 Law-24. i I # ,

Finance (No. 2) [ACT 32


'The 'amount of income-tax computed at the rate hereinbefore specified shall be increased by a surcharge for $urposes of the Union calculated a t the rate of fifteen per cent. of such income-tax.

Paragraph C

In the case of every registered firm,-

Rates of income-tax

(I) where the total income N i l ; does not exceed Rs. ~o,ooo

fa) ,where the total income 4 per cent. of the amount by !exceeds Rs. ~o,ooo but does not which the total income exceeds exceed Rs. 25,000 Rs. ~o,ooo;

(3) where the total income Rs. 600 plus 6 per cent. of the exceeds Rs. 25,000 but does not amount by which the total in- exceed Rs. 50,000 come exceeds Rs. 25,000;

.(4) where the total income Rs. 2,100 plus 12 per cent. of the exceeds Rs. 50,000 but does not amount by which total in- exceed Rs. ~,oo,ooo come exceeds Rs. 50,ooo;

(5) where the total income Rs. 8,100 plus 20 per cent. of the exceeds Rs. ~,oo,ooo amount by which the total in-

come exceeds Rs. ~,oo,ooo.

Surcharges on income-tax

The amount of income-tax computed at' the rate hereinbefore specified shall be increased by the aggregate of surcharges for purposes of the Union calculated as specified hereunder-

(a) in the case of a registered firm whose total income includes income derived from a profession carried on by it and the income so included is not less than fifty-one per cent. of such total income, a surcharge calculat6d a t the rate of ten per cent. of the amount of income-tax computed at the rate hereinbefore specified;

- (b) in the case of any other registered firm, a surcharge calcu-

lated at the rate of twenty per cent. of the amount of income-tax computed at the rate hereinbefore specified; and

(c) a special surcharge calculated at the rate of fifteen per cent. on the aggregate of the .following amounts, namely:-

, (i) the amount of income-tax computed at the rate hereinbefore specified; and

(ii) the amount of the surcharge calculated in accordance with clause (a), or, as the case may be, clause (b) of this sub- paragraph'. ,

Exp1analio;n.-For the purposes of this Paragraph, "registerecl firm" includes an' unregistered firm assessed as a registered firm under clause (b) of section 183 ~f the Income-tax Act.

Paragraph D

In the, case of every local authority,- ' I

Rate 'of inkome-tak? , ,

On the whole of the total 50 per cent. i n ~ o m e


The amount of income-tax computed a t the rate hereinbefore specified shall be increased by a surcharge for purposes of the Union calculated at

- the rate of fifteen per cent. of such income-tax.

Paragraph E In the case of the Life Insurance Corporation of India established

31 of 19s6.under the Life Insurance Corporation Act, 1956,-

Rates of income-tax

(27 on that part of its 52-5 per cent.; total income which consists of profits and gains from life insurance business

'(ii) on the balance, if the rate 06 income-tax applicable, any, of the total income in accordance with Paragraph F

of this Part, to, the Total income of a domestic company which is a company in which the public arc substg,ntially ir~terested.

Paragraph F

In the case of a company, other than the Life Inku~ance Co~poration pl or 19 js. of lndia established under the Life Insurance corporation Act, 1956,-

Rates of income-tax

I. In the case of domestic company- .i

(I) where the company , is a company in which the public are substantially in- I ,

terested,-- (i) in a case where 35 per cent, of tl3F;,$~$al incorqe;

the total income does not exceed Rs. 50,000

(ii) in a case where 55 per cent. of the total income ; the total income exceeds RS. 50,000 (2) where ' the company

is not a company in which the public are substantially interested,-

(i) in the case of an industrial company -

(a) on so much 55 per cent. ; of the total income as does not exceed

7 - Ks. 10,00,00'0

(b) on the 60 per cent.; balance, if any, of the total income '

(ii) in any other case 65 per cent. of the total income ;

Provided that the income-tax payable by a domestic company, being a company in which the public are substantially interested, the total income of which exceeds Rs. 50,000, shall no.t eyceed the aggregate of-

(a) the income-tax which would have been payable by the company if its total income had been Rs. 50,000 (the income of Rs. 50,000 for this purpose being computed as if such income included income from various sources in the same proportion as the total income of

* , >

the ' bbhp'aky)' ; and , I

(b) eighty per cent. of the amount by which its total income exceeds Rs. 50,000.

I ! ,/ <

11. In the case of a company other than a domestic company-

. fz ] on so much of the total income as consists of-

(a) royalties received from an Indian concern in pursuance of an agree-

., , - - ' , meqt - Made by it with the I ' ^ 'Indian concern afcer the

' 31st day of March, 1961, or

11 i

I (b) fees for rendering technical services received from an Indian

. , covcern in pursuance of an :, agreement made by it with

the Indian concern after the 29th day of Febru- ary, 1964,

and where such agreement has, in either case, been approved by the Central Gov- ernment

(it? on the balance, if If iy , of th6.tdtal income

50 per cent.;

70 per cent.

(See section 39)

In the First Schedule to the Tariff Act,-

(ig in Items Nos. 1 (I), 39 (2)., 46 ( 6 , 58 ( I ) , 73 (15) (a), 73 (15) ( b ) , 75 (4), 75 (9) , 75 (lo), 75 (11) , 75 (12), 75 (12A), 75 (14) and 75 (15), for the entry against each of them in the fourth column, the entry "100 per cent. ad valorem." shall be substituted;

(ii) in Item No. 5(2), for the entries in the fourth and sixth oolumns, the entries "100 per cent. ad valo~em." and "90 per cent. ad valorem." shall, respectively, be substituted,; I

(iii) in Item No. 9 (3), for the entries in the fourth and sixth ' columns against sub-item (a), the entries "Rs. 60 per kilogram." and "Rs. 60 per kilogram less 74 per cent. ad valorem." shall, respectively, be substituted;

I ' . ! '

(iv) ' in Items Nos. 75 (2), 75 (3) and 75 (13), for the entries against each of them in the fourth and fifth columns, the entries "100 per cent. ad valorem." and "92B per cent. ad valorem." shall, respectively, be substituted;

(v) in Item No. 75(18), for the entry in the fourth column ,against sub-item (b) (ii), thejentry "100 per cent. ad valorem." shall be substituted;

(vi) in Item No. 87C, for the entry in the fourth column against sub-item , (i), the entry "30 per cent. ad valorem." shall be substituted.

THE INDIAN TELEGRAPH (AMENDMENT) A CT, I 97 r I

No. 33 OF 1921

[loth, A u g u s t , 19711

An Act fiarther to the Indian Telegraph Act, 1885.

BE it enacted by Pa Republic of India as fo

Short 1. This Act may be e Indian Telegraph (Amendment) Act, title. 1971.

"sertiOn 2.After section 6 of the In an Telegraph Act, 1885 (hereinafter refer- 13 of ~ 8 5 , of new red to as the principal Act), he following section shall be inserted, section 6A.

namely: -

Power to notify rates for transmission of messages to countries outside India.

"6A. (I) The Cen Government may, from time to time, by order, notify the r.ates which, and the other conditions and restrictions subject to messages shall be transmitted to any country outside India.

(2) In notifying es under sub-section (I), the Central Government shall hav gard to all or any of the following

I " /

factors, namely: - I

I

force, for transmission 1 (b) the foreign ex ange rates for the time being in foree; t (c) the rates for t time being in force for transmission of

messages within India; 4 1 I -

(d) such other re1 n t factors as the Central Government I

may think fit in the ci stances of the case.".

Amend- 3. In sub-section (2) of secti 7 of the principal ~ c t ; in clause (a), ment of section 7.

the words "within India" shall b serted a t the end.

Omission X I

of section 4. Section 29 of the principal ct shall be omitted.

29 178

-i

[lOth, August, 19711

An Act to provide for the termination of certain pregnancies by registe,red medical practitioners and for matters connected thei-e- with or incidental thereto.


Republic of India as follow's: -

1. (1) This Act may be :called the Medical Termination of Pregnancy shert

Act; 1971.- I title, extent and con] mence-

(2) It extends to the whole of India except the State of Jammu and ment.

Kashmir .

(3) I t shall come into force on such date1 as the Central Government

may, by notification in thc Official Gazette, appoint.

'

2. In this Act, inless the context otherwise requires,- Defini- tions

( a ) "guardian" means a person having the care of the person of a minor or a lunatic:

(b) "lunatic" has the meaning assigned to i t in section 3 of the 4 of 1912. Indian Lunacy Act, 1912; ,

(c) "minor" ~ e a n s a person who, under 'the provisions of the 9 of 1875. Indian Majority Act, 1875, is to be deemed not to have attained his'

majority; - --

1 1-4-1972 : Vi3C Notificatioll No. G. S. R. 285, dxted 19-2-1972: Gazette of India, part ' IS, Section 3 (i), p 708.

I79

180 Medical Termination of Pregnancy [ACT 34

(d) "registered medical practitioner" means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Me&ccl Council Act, 1956, 102 of

whose name has been entered in a State Medical Register and who N56. has such experience or training in gynaecology and obstetrics as may be prescribed by rules made under this Act.

When pregnancies may be terminated by registered

medical

practitioners.

3. (1) Notwithstanding anything contained in the Indian Penal Code, 45 of 1860.

a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

(2) Subject to the provisions of sub-section ( 4 ) , a pregnancy may be terminated by a registered medical practitioner,-

(a) where the length of the pregnancy does not exceed twelve weeks, if such medical practitioner is, ~r

(b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are,

of opinion, formed in good faith, that-

(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or

(ii) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.

E,-~planatim 1.-Where any pregnancy is alleged 'by the! psegnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.

Explunation 11.-Where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.

(3) In determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2), acc~un t may be taken of the pregnant woman's actual or reasonably foreseeable environment.

(4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a

_ lunatic, shall be terminated except with the consent: in writing of her guardian.

OF 19'711 Medical Termination of Pregnancv 181

(b) Save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman.

4. No termhation of pregnancy shall be made in accordance with this Place

Act at any place other than- , where pr,egnancy

(a) a hospital' edtablislied ' b r i 1 m a i n b y Gdvefnment, om lriay terminat- be ed.

(b ) a place for the time being approved for the purpose of this Act by ~overnmehf:

I , , I

, * . > 1 ,

Sections 5. (1) The provisions of section1&, and ko ,ihuch of the provisi'ons of ,,a sub-section (2) of section 3 as relate to the length of the pregnancy and when

not to the opinion of not less than two registered medical practitioners, shall apply. not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is of opinion, formed in good faith, 'that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman.

1 , + * -

4 5 of 1860. (2) Notwithstanding anything contained in the Indian Penal Code, the termination of a pregnancy by a person who is not a registered medical practitioner shall be an offence punishable under that Code, and that Code shall, to this extent, ,stand modified.. ,

i '

Explanation.-For the purposes of this section, so much of the provisions of elause ( d ) of section 2 as relate to the possession, by a registered medical practitioner. of experience or tra&ing in gynaecology and obstetrics shall not apply. ,

Power to 6. (1) The Central Government may, by notification in the Official make Gazette, make rules to carry out the provisions of this Act. rules:

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

(a) the experience or training, or both, which a registered medical practitioner shall have if he intends to terminate any pregnancy under this Act; and

(b) such ot.her matters as are required to be or may be, provided by rules made under this Act.

(3) Every rule made by the Central Government under this ~ c t shall be laid, as soon as may. be after it is made, before each House of Parlia- meat while it is in session for a total period of thirtv days which may be comprised in one session or in two successive sessions, and if, before the expiry of the sessioh in which it is so laid or the session immediatelv foll.owinc.;, both Houses agree in making anymodification in the rule or both Houses aeree that the rule shou7d nnt he made. the rulo ~ h a 1 1 there- sfter have effect, only in such modified form or be of no effect. as the case map be; so, however, that anv such modification or annulment shall be without prejudice to the validitv of anything previously done under

. I that rule. ..:... - -- , -. .. . . . .

4 Law-2Dt , , , r . . . ; . . , I . .

182 Medical Tenlaination of Pregnancy [ACT 34 OF 19711

Power to 7. '(1) The State Government may, by regulations,- ntakc

regulations (a) require any such opinion as is referred to in sub-section (2)

of section 3 to be certiA8d by aTregi3tered' medicallpractitioner or practitioners concerned, in such form and . at Such time.as ,,may;.be

... . specifi.4;in ,-such regyJ.atio.w, ,~d..$heff.p~,e$.~m!cti~q , . . . . , $5 dispowl i i of such certificates;

I .i . , :.- . .i : i (b ) require any registered medical practitioner, who terminates

a pregnancy, to give intimation of such ternitnation (and such other ,infornation *relatingt to the terrninatio,n . as mqy: be gpecified in s-uch

L I .

regulations;

(c) prohibit the disclosure, except to such persons and for such pupposes as may, be specified in such regulations, of intimations ,given or information furnished in pursuance of such regulations.

1

(2) The intimation given and the information ,furnished in pursuance of regulations made by virtue of clause (b) of sub-section (1) shall be givenor furnished, as the case m,ay be, to the Chief Medical Officer of the State.

I 1

(3) 'Any person who wilfully contravenes or wilfully fails to comply with the requirements of any regulation made under sub-section (I) shall be liable to be punished with fine which may extend to one thousand rupees.

Protec- 8. No suit or other legal proceeding shall lie against any registered tionof medical practitioner for any damage caused or likely to be caused by any-

thing which js in good faith done or intended to be done under this Act taken in good. faith. ::

THE GUJARAT STATE Iii3GISLATUAE (DEEEGATgON dl? POWERS) ACT, 1971

I [loth August, 19711

An Act to confer on the Preside the power of the Legislature of the Stare of Guj t to make laws.

1

I BE it enacted by Parliament in the Twenty-second Year of the

Republic of India as follows:- i t

1. This Act may be called the G State Legislature (Delegation short title. of Powers) Act, 1971. .

2. In this Act, "Proclamation" me the Proclamation issued on the Defini- tion, 13th day of May, 1971, under artic 356 of the Constitution by the

President, and published with the no tion of the Government of India

in the Ministry of Home Affairs No. R. 691 of the said date.

3. (1) The power of the Legislature b ;f the State of Gujarat to makeconfer- ment

laws, which has bben declared by the ~koclamation to be exercisable byon the President

or under the authority of Parliament, id hereby conferred on the Presi-Of the

dent. ' power of the State Legisla-

i ture to (2) In the exercise of the said power, {he President may, from time to make

laws. time, wl~ethei Parliament is or is not inisession, enact, as a President's

Act, a Bill containing such provisions as onsiders necessary:

Provided that before enacting any suc , the President shall, when-

ever he considers it practicable to do so, It a Committee constituted

for the purpose, consisting of thirty-fou ers of the House of the

People nominated by the Speaker a teen members of the

Council of States nominated by the C

184 Gujurat State Legislature (Delegation of Powers) [ACT 35 OF 197tl

(3) Every Act enacted the President under sub-section (2) shall, as soon as may be after, e ent, be laid before each House of Parlia- ment. I I - - A 1 . & & - . I

. (4) ,.Ij;i$hq;. . House ;ofi may, . b y I r~essolut.i,on .passed . within thirty days from the date o he Act' has been laid before it under sub-section (3), which peri ihprised"iri one session or in two successive sessions, direct ations, to be 'made in the ~ c t and if the modifications are agre ,'other House of Parliament during the session in which the n so laid .before it or the session succeeding, such modifica given effect to by the President by #enacting an amendin

Provided that nothing in this shall affect the 'validity of the Act or of any action taken i t is so amended.

THE PUNJAB STATE LEGISLATURE (DELEGA'L -dN OF POWERS) ACT, 1971

. . [loth August, 19711

An Act to coder on the President the power of the Legislarure of the State of Punjaq to make laws.

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

!

1. This Act may be called the P'unjab Ftate Legislature (Delegation Short of Powers) Act, 1971. title.

2. In this Act, "Proclamation" means t h t Proclamation issued on the 15th day of June, 1971, under article 356 pf the Constitution by the tion, President, and published with the notifica of the Government of India in the Ministry of Home Affairs No. 944 of the said date.

I; 3. (1) The power of the Legislature of the State of Punjab to make Confer- laws, which has been declared by the P roc lama ti on to be exercikable by ment on, or under the authority of Parliament, is her+y conferred on the Presi- the Presi-

dent of dent. ! the

power of the State

(2) In the exercise of the said power, th ident may, from time Legis-

to time, whether Parliament is or is not in se enact, as a President% lature to make

Act, a Bill ~onta~jning such provisions as he laws.

t Provided that before enacting any such AF, the President shall,

whenever he considers it practicable to do so, epnsult a Committee constituted for the purpose, consisting of thirty mgmbers of the1 House of the People nominated by the Speaker and !\fifteen members of the Council of States nominated by the Chairman. " F

(3). Every Act enacted by the President underasubsection (2) shall, as soon as may be after enactment, be laid befoldp each House of Parlia- ment.

( 4 ) Either House of Parliament may, by re thirty days from the date on which the Act has bben laid before it under sub-section (3), which .period may be comprised ib one session or in two

I t46 ~uraja& State ~ e ~ i s i a t u r e (Deiegation of powers) [Act 36 of 1 ~ 7 t j - successive sessions, dire& modifications to be made in the Act and if the modifications are ag by the other House 01 Parliament during the session in which t has been so laid before it or the session succeeding, such modifica all be given effect to by the President by enacting an amending nder sub-section (2) :

Provided that nothing in t h i i sub-section:sbqll affect the validity of the Act or of any action taken t *ereunder before it is so amended. 4

. .. ~.. ,?, . . . , . . . ,

, . : .'7 ', ' . , :: ? '. ' 1 , : i .~

. . : I : ; -

.L . ,.l. . . . - . . . .. . , I

, . . I . : . I . . '. ..' . . . , : : . .

i

THE CENTRAL BOARD OF DIRECT TAXES (VAET').4 TION OF PROCEEDINGS) ACT, 1971

NO. 37 OF 1971

3 I

r'-:' Cl4th August, 19711

An Act to provide for validation of certain proceedings in relation to direct taxes and f o:c matters connected therewith.

1. This Act may be called the Central Board of Direct Taxes (Valida- Short tion of Proceedings) Act, 1971. title.

2. Notwithstanding any judgment, decree or order of any court, tri- valida- bunal or any other authority, no approval, declaration, determination, tion of recognition, direction, instruction, notification, order or rule, or other certain thing;pr %tion, givpn, made, granted, issued, done or taken or purporting proceed-

to have been given, made, granted, issued, done or taken by the Central r I r

Board of Direct Taxes, constituted under the Central Boards of Revenue 54 of 1963 Act, 1963, in the exercise of the powers or the performance of the duties

ehtiusted'to it by the Central Government or by or under any law (not 34 of 1953. being th:e Estate Duty Act, 1953) shall be deemed to be invalid or ever

.to have beem invalid by reason only of the fact that such approval, declaration, determination, recognition, direction, instruction, notification, order, rule, thing or action was given, made, granted, issued, done or taken by the Chairman and other members of the said Board, either singly or jointly, without having been validly entrusted with the powers or duties in that behalf in accordance with the provisions of the aforesaid 1963;Act or the rules made thereunder, and accordingly-

(a) all acts, proceedings or things done or taken in pursuance of such approval, declaration, dktermination, recognition, direction, instruction, notification, order, rule, thing or action shall, for all purposes, be deemed to be, and to have always been, done or taken in accordance with law; and

(b) no suit or other proceeding shall be instituted or continued against the Government or any person or authority whatsoever on the ground that any such act, proceeding or thing was not done or taken in accordance with law.

THE APPROPRIATION (No. 3) ACT, 1971 L

NO. 38 OF 1971

[151th August, 1971-j

An 'Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year 1971-72.

BE, it enacted by Parhment in t h e Twenty-second Year of the

Republic of India as follows:- I

Short 1. This Act may be called the Appropriation (No. 3) Act, 1971. title. I

Issue of 2. From and out of the Consolidated Fund of India there may be paid Rs. 2,00, 00,00,000 and applied sums not exceeding those specified in column 3 of the Out Of Schedule amounting in the aggregate to the sum of two hundred crores the Conso- lidated of rupees towards defraying the several charges which will 'come in Fund of India for course of phyrnent during the financial year 1971-72, in! respect of the the year 1971-72. sefvices specified in column 2 of the Schedule.

- Appro- 3. The sums autliorised to bc paid and applied from and out of the priation.

Consolidated Fund of India by this Act shall be appropriated for the

services and purposes expressed in the Schedule in relation to the said

year.

Appropi4iation (No. 3)

THE SCHEDULE

(See sectiovs 2 and 3) . :i

No. of Vote


Grants-in-aid to State and Union Territory Governments . . .

Expenditure on Displaced Persons . .

Sums not exceeding

Voted by on the I Charged I Total Parliament Consolida-

I ted Fund I

Rs. Rs.

THE AGRICULTURAL REFINANCE CORPORATION I (AMENDMENT) ACTy 1971

No. 39 OF 1971

[15th August, 19711

An Act further to amend t e Ag.cicultura1 Refinance Corporation %Acty 1963. f F

1 BE i t enacted by ~(arliamknt in the Twenty-second Year of the

Republic of India as fol1ows~-

i

Short 1. This Act may be calleh the Agricultural Refinance Corporation title. (Amendment) Act, 1971. I

Amend- 2. In section 2 of the Agricultural Refinance Corporation Act, 1963 merit Of (hereinafter referred to as &e principal Act), after clause (a), the 100f 1963. section 2.

following Explanation shall jbe inserted and shall be deemed always to have been inserted, namely.:: -

Amend- ment of se~tlfin 20.

'Explanation.-For the purposes of this clause, "pisciculture" includes the developmerit of fisheries, both inland and marine, catching of fish and all activities connected therewith or incidental there- to; '.

I

3. In section 20 of the principal Act,- I

B (i) in sub-section (I;), after clause (b) , the following clause shaU

Sc! inserted, namely:- i I

"(bb) borrow from the Reserve Bank out of the National (Long Term Operations) Fund

of the Reserve Bank of Tndia Act, 2 of 1934, 1934";

\

[ACT 39 OF 19711 Agricultural Refinance Corporation (Amendment) L - /

19 1

(ii) in ibiisection (21, for words, brackets and letters "and outstailding under clau'ses (b) t sub-section", the words, brackets and letters "and out g under clauses (b), (bb) and (c) of that sub-section" shall

4. (21, shall

In section 46A of the Reserve B of India Act, 1934, in sub-section Conse- quential after clause (a) and before t xplanation, the following clause ,,end-

be inserted, namely: - rrteni; of Act 2 of 1934.

"(e) the making to the Agri-ultural Refinance Corporation of loa~ls and advances repayable on t 6 e expiry of fixed periods not exceeding twenty years from the datebf making such loan or advance.".

THE PUBLIC PREMISES (EVICTION OF UNAUTHOKISED OCCUPANTS) ACT, 1971

[23rd August, 19711

An Act to provide for the eviction of unauthorised occupants from public premises and for certain incidental matters.

BE it enacted by Parliament in the Twenty-second Year of the Republic

of India as follows:-

Short 1. (1) This Act may be called the Public Premises (Eviction of Un- title,

authorised Occupants) Act, 1971. and commence- (2) I t extends to the whole of India. ment.

(3) It shall be deemed to have come into force on the 16th day of September, 1958 except sections 11, 19 and 20 which shall come into force-

at once.

Defini- 2. In this Act, unless the context otherwise requires,-- tions.

(a) "corporate authority" means-

(i) any company or Corporation referred to in sub-clause

(11, or

(ii) the Corporation or any committee or the Authority

referred to in sub-clause (2),

of clause ( e ) of this section;

(b) "estate officer" means an omcer appointed as such by the Central Government, under section 3;

~ J V L b v n r k 1 . ~ ~ 1 cd LJ: ODD IAY VIA u \ ~ u m

Vsl ..... K k , I ' L . . ~ , p* 7'5

[ACT 40 OF 19711 Public Premises (Eviction of Unauthorised 0ccupant.s) I93

(c) "premises" means any land or any building or part of a building and includes,-

(i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building, and

(ii) any fittings affixed to such building or part of a building fcr the more beneficial enjoyment thereof;

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

( e ) "public premi~es" means any premises belonging to or taken on lease or requisitioned by, or on behalf of, the Central Government, and includes-

\

(1) any premises belonging to, or taken on lease by, or on behalf of-

(i) any company as defined in section 3 of the Companies Act, 1956 in which not less than fifty-one per cent. of the 1 of 1956. pald-up share capital is held by the Central Government; and

(ii) any Corporation (not being a company as defined in section 3 of the Companies Act, 1956 or a local zuthority) 1 of 1956. established by or under a Central Act and owned or controlled by the Central Government; and

(2) in relation to the Union territory of Delhi-

(i) any premises belonging to the Municipal Corporation of Delhi or any municipal committee or notified area committee, and I ' k

(ii) any premises belonging to the Delhi Development Authority whether spch premises are in the possession ,ofc, or leased out by, >the said Authority; . r ,

(f") "rknt", in relation to any public prvmises; means the consideri- %

, tion payabie periodically for the authorised occupation of th; premises, 'end includes-

; . I

(i) any charge for electricity, water or any other services in connection with ,the .occupation of the pcemises.

(ii) any tax (by whatever name called) payable i~ reipect of the premises,

'ivhkre such charge or tax is payable by the Central Government 'or the' corporate authority;

(g) "unauthorised occupation", in relation to any public premises, means the occupation by any of the public premises without

.I . >

authority for such occupation, and includes 'the continuance in ocd'uljh- . tion by any person of the public premises after the authority (whether by way of grant or any other 'mode of transfer) under which he Was . . ill&wed to occupy the premises has expired or has been det&l?min&' '

for any reason whatsoever. 3 '

Appoint- ment of estate officers.

Issue of notice to show

NOT CORI'.ECTED: SEE 'INDIA COD= c

' E&.,iJt..m.ape7'3 *

I94 Public Premises (Eviction of Unauthorised Occupants) ' [ACT 40 - -

3. The Central Government may, by notification. in the Official Gazette,-

(a) appoint such persons, 'being gazetted officers of Government or officers of equivalent rank of the corporate authority, as it thinks fit, to be estate officers for the purposes of this Act; and

(b) define the local limits within which, or the categories of public premises in respect of which, the estate officers shall exercise the powers conferred, and perform the duties imposed, on estate officers by or under this Act.

4. (1) If the estate officer is of opinion that any persons are in unauthorised occupation of any public premises and that they should be evicted, the estate officer shall @sue i,n the 'manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made.

cause against orpler of eviction

(2) The notice shall-

(a) specify the grounds on which the x d e r of eviction is proposed tc be made; and

(b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the public pre. mises, to show cause, if any, against the proposed order on or before such date ,as is specified in the notice, being a date not earlier than ten days from the date of issue thereof.

(3) The estate officer shall cause the notice to be served by having i t affixed on the outer door or some other conspicuous part of the public premises, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned.

Evicthn of unauthorised occupants.

(4) Where the estate officer knows or has reasons to believe that any persons are in occupation of the public premises, then, without prejudice to the provisions of sub-section (3)) he shall cause a copy ,of the notice to be served on every such person, by post or by delivering or tendering it to that person or in such other manner as may be prescribed.

/

5. (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 4 and any evidence he may produoe in support of the same and after giving him a reasonable opportunity of being heard, the estate officer is satisfied that the public premises are in unauthorised occupation, the estate officer may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as ma. -he order, by all persons who may be'in occupation ther=y part t h x n d cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises.

(2) If any person refuses or fails to comply with the order of eviction within thirty days of the date of its publication under sub-section (I) , the estate officer or any other officer duly authorised by the estate officer in this behalf may evict that person from, and take possession of, the

public premises and may, for that purpose, use such force as may be necessary.

OF 19711 Public Premises (Eviction of Unauthorised Occupants) 195

6. ( I ) Where any persons have been evicted from any public premises Disposal under section 5, the estate officer may, after giving fourteen days' notice of pro- to the persons from whom possession of the public premises has been pertyleft

on public taken and after publishing the notice in at least one newspaper having premises circulation in the locality, remove or cause to be removed d d i s p o s e of by un- by public auction any property remaining on such premises. authorised

occupants. (2) Where any property is sold under sub-section (I) , the sale pro-

ceeds thereljf. shall, after deducting the expenses of the sale and the amount, if any, due to the Central Govef-nment or the corporate autho-

-rity on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the estate officer to be entitled to the same:

Provided that where the estate officer is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the civil court of competent jurisdiction and the deaision of the court thereon shall be final.

7. (1) Where any person is in arrears of rent payable in respect of any Power public premises, the estate officer may, by order, require that person to torequire pay the same within such time and in such instalments as may be specified payment in the order. of rent

or damages (2) Where any person is, or has at any time been, in unauthorised . in respect

occupation of any public premises, the estate officer may, having regard of pub- to such principles of assessment of damages as tnay be prescribed, assess lic pre- the damages on account of the use and occupation of such premises and mises. may, by order, ,require that person to pay the damages within such time arid in such instalments as may be specified in the order.

I

(3) Nu order under sub-section (1) or sub-section (2) shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause within such time as may be specified in the notice, why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the estate officer.

8. An estate officer shall, for the purpose of holding any inquiry under Powers of this Act, have the same powers as are vested in a civil court under the estate

of 1908. 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 exanlining him on oath;

(b) requiring the discovery and production of documents;

(c) any other matter which may be prescribed. 1 I

9. (1) An appeal shall lie from every order of the estate officer made Appeals in respect of any public premises under section 5 or section 7 to an appellate officer who shall be .the district judge of the district in which the public premises are situate or such other judicial officer in that district of not less than ten years' standing as the district judge may designate in this behalf.

196 Public Premises (Eviction of Unauthorised Occupants) [ACT 40

(2) A t 1 appeal under sub-section ( 1 ) shall be preferred,-

(a) in the case of an appeal from an order under section 5, . within fifteen days from the date of publication of the order under

sub-section ( 1 ) of that section; and

(b) in the case of an appeal from an order under section 7, within fifteen days from the date on which the order is communicated to the appellant:

Provided that the appellate officer may entertain the appeal after the expiry ci the said period of fifteen days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(3) Where an appeal is preferred from an order of the estate officer, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit.

(4) Every ameal under this section shall be disposed of by the appellate officer as expeditiously as possible.

(5) The costs of any appeal under this section shall be in the discretion of the appellate officer.

(6) For the purposes of this section, a presidency-town shall be deemed to be a district and the chief judge or the principal judge of the city civil court therein shall be deemed to be the district judge of the district.

Finality 10. Save as otherwise expressly provided in this Act, every order made by an estate officer or appellate officer under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

Offences 11. ( 1 ) If any person who has been evicted from any public premises and under this Act again occupies the premises without authority for such penalty. occupation, he shall be punishable with imprisonment for a term which

mqy extend to one year, or with fine which may extend to one thousand rupees, or with both.

(2) Any magistrate convicting a person under sub-section (1) may make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him under this Act.

Power to 12. If the estate officer has reason to believe that any persons are in obtain unauthorised occupation of any public premises, the estate officer or inftrma- any other officer authorised by him in this behalf may require those tion.

persons or any other person to furnish information relating to the names and other particulars of the persons in occupation of the public premises and every person so required shall be bound to furnish the information in his possession.

Liability 13. ( 1 ) Where any person against whom any proceeding for the of heirs determination of arrears of rent or for the assessment of damages is to and be or has been taken dies before the proceeding is taken or during the legal re- presenta- pendency thereof, the proceeding may be taken or, as the case may be,

continued sgainst the heirs or legal representatives of that person. tives.

(2) Any amount due to the Central Government or the corporate authority from any person whether by way of arrears of rent or damages or costs shall, after the death of the person, be payable by his heirs or legal representatives but their .liability shall be limited to the extent of the assets of the deceased in their hands.

14. If army person refuses or fails to pay the arrears of rent payable Recovery under sub-section (1) of section 7 or the damages payable under sub- of rent, section (2) of that section or the eosts awarded to the Central Government et-c.9 as or the corporate authority under sub-section (5) of section 9 or any

of land portion of such rent, damages or costs, within the time, if any, specified reYMueo therefor in the order relating thereto, the estate officer may issue a certificate for the amount due to the Collector who shall proceed to recover the same as an arrear of land revenue.

15. No camt shall have jurisdiction to entertain any suit or proceed- Barof h g in respect of the eviction of any persori who is in unauthorised juds-

occupation of any public pr'emises or the recovery of the arrears of rent diction. payable under sub-section (1) of iectidn 9 or the damages payable under iub-section (2) of that section or the costs awarded to the Central Gov- ernment or the corporate authority under sub-section (5) of section 9 or any portion of such rent, damages or costs.

16. No suit, prosecution or other legal proceeding shall lie agol'nst the Protee- tion of Central Government or the corporate authority or the appellate officer action

or the estate officer in respect of anything which is in good faith done take, or intended to be done in pursuance of this Act or of any rules or orders in good made thereunder. faith.

', 17. The Central Government may, by notification in the Offlcial Delegas, Gazette, direct that gng pow'er exercisable by it under this Act shall, tion 0%

subject to such conditions, if any, as may be specified in the notification, power% be exercisable also by a State Government or an officer of the State Government

18.' -<I) The Central Government may, by notification in the BEclal Power Gazette, make rules for carrying out the purposes of this Act. to make

F U ~ S . (2) In particular, and without prejudice to the generality of the fore-

going power, suck rules may provide for all or any of the following matters, namely: - '-- ,

\\.-.-..- (a) the form of any notice required or aGthorised to be given

under this Act and the manner in which it may be served; ( b ) the holding of inquiries under this Act;

(c) the distribution and allocation of work to estate officers and the transfer of any proceeding pending before an estate o5cer to another estate officer; .

( d ) the procedure to be followed in taking possession of public premises;

(e) the manner in which damages for unautkorised occupa- tioh may be assessed and the principles which may be taken into account in assessing such damages; ,

(f) the manner in which appeals may be preferred and the procedure to be folldwed in appeals;

(g) any ~ t h e r matter which has to be or may be prescribed.

Kg8 Publi? Premises (Eviction of Uaauthorised Occupaaes) [ACT 40 OF 19711

(3) Every rule made under this section shall be laid, as soon as may be after it is madei before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in .two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such mdified 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.

Repeal, 19. The Public Premises (Eviction of Unauthoriaed Occupants) Act, Igs8. 1958 is hereby repealed.

Va11da- 20. ~otwithstanding' any* judgment, deeree or order of any court, tion. anything done or any action taken (including rules or orders made,

notices issued, evictions ordeyed sr effected, damages assessed, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the Public Premises (Eviction of Un- authorised Occupants) Act, 1958 (hereafter in this section referred to 32 ~f 1958.

as the 3958-Act) shall be deemed to be as valid and effective as if sukh thing or action was done or taken under the corresponding provisions of this Act which, under, sub-section (3) of section I shall be deemed to have come into force on the 16th day of September, 1958. and accordingly-

(a) no suit or other legal proceeding shall be maintained or continued in any,cour,t for the refund of any rent or damages or costa recovered under the 1958-Act where such refund has been claimed merely on the gro,und that the said Act has been declared to be unconstitutional and void; and

jb) ma court shall enforce a decree or order directing the re= fund of q y r<ent or damages or eosts meovered under the ,lg58.;Act merely on; the gr6und that the said Act has been d w l a r d to be m- conatit~ntiongll and void.

THE PREVENTION OF FOOD ADULTERATION (AMENDA%EN%) ACT, 1931 ~

[3Oth November, 1197111

An Act further to amend the I're~enbion of Hoed Adulteration Act, I9540

BE it enacted by Parliament in the Twenty-second Pear of the Republic of Endia as follows:-

a. (I) This Act may be called the Prevention ot Food Adulteration short (Amendment) k t , 1971, title and

commence-

(2) It shall come into force on such date1 as the Central Government mest-, may, by notification in the Official. Gazette, appoint

-

~e* section 1. A A ~

3. After section 2 0% principal Act, the foUowiaag section s inserted, namely: - I of new

section 2A.

a 26-1-1g7% : v& G . S. R. dated 18-12-1971, Gmette of India, Part 11, sectioa 4 ( I ) ~

pb 24s.

IS

hamend- 4* In section 25 of the principal Act, in its application to the State sf ment Jammu and Kashmir, after sub-section (2) , the following sub-section Of shall be inserted, namely:-- 25.

' 6 (3) (a) References to the commencement of this Act in this section shall be construed as references to the commencement of the Prevention of Food Adulteration (Amendment) Ast, 1991, 41 of 197Ic

( b ) POI the avoidance of doubt, i t is hereby declared that the provisions of sub-section (2) shall be without prejudice to the gro- visions contained in section 6 of the General Clauses Act, 1897 which Qf4-897

shall also apply to the repeal bfCth-e cori.es$n'ding law in force in the State of Jammu* ppd BaslnrnSs ,aq ,if such cosresponding law had been an enactment."?'

P

ARRMGEMENT OF SECTIONS

P ~ W N A R ~ SECTIONS

I. Short title, extent, application, duqtisn anti sav$gs. ,

2. Dehitloas.

C H r n r n R 1% L - : 'i

.-- - E ~ R G E N ~ POWERS

3. Power to make rules. 4. Special powers to contrsa civilian personnel employed in coa-

aection with the Armed Forces of the Union, 5. Enhanced penalties. 6. Temporary amendmea%ts to Acts,

CHAPTER III

'7. Constitution of Special Tribunals. $. Jurisdiction of Special Tribunals, 9. Procedure of Special Tribunals. 10. Exekusion of publie from proceedings sf Special TribunaIs. %I. Powers of Special. Tribunals. 12. Sentences of Special Tribunals.

CHAPTER PV

13. Definitions. 1%. Liability for employment: in national service. 115. National Service Tribunals. 16. Notified establishments. 17. Employment of technical. personnel in the natibnd service. 18. Re-instatement. 19. Relinquishment of employment by, dismissal of, a d engagement

by establishment of, technical personnel. 20. Penalties and procedure. 21. Service of summons, nasa-ic;, o%.dwp., &. a E i x v w m m ~ ~ 8 .

3. Payment sf mrnpensatioxk- 25. Power fx~ obtain infotmation and give direction. 26. Power of entry into, aaad inspection of, property, etcI 27. Eviction. from requisitioned property. 28, Penalty for contravention of m-y order regarding requisitioning,

29. Release from reqaisitiora Me Acquisition of requisitioned property, 31. &mpen&tiom for khdlstiisitioh of requkitS'o%1ed property. 32 Power to make rules. 33* f2.er.tah-1 properties requ~i t fbned~uq~er .,..I.-.LA - previous low - to be deemed

to be requisitioned under & &. ......... ,. .i: -2.. .,'>

. . . . . . . . . . . . CMT]E:R . . . . . .... -?: : ,:

35. Rules tn be laid before Rouses of Parliament. 86. Sw%%&ction of ordinary courts, 57. Effeet of Act and rules, etc., inconsistent with other enactments. 38. Ordkary avocations sf life to be interfered with as little as

gswibb. 39. Savings as to orders. $0. Protection ~f action taken under the Act,

Afa Act to provide for special rneatjures to ensure ebe and interest, the deknce sf India and civil d e f e ~ e sialof certain offences and f OF m8 tters coa%neCt

2 WHEREAS the Pregident has declared by~~Pmlamat ions ] uncles

clause (1) sf article 352 of the,Constitutisn that a grave emergency exists whereby the security of India is threatened by external i d & 1

c l i 4 t t d h n ~ g ~ , AND WHEREAS i t is necessary to provide for special measures % 6

ensure the public safetyand interest, the defence of India and civil d e f e n e w L

and for the trial of certain offences &d far matters connected therewith; 3

BE it, therefore, enacted by Parliament in the Twenty-semd Year a4 r J , l I

the Repui31ic of &dia as follows:--

.... .., . . . . . . . . . . . . . , ',:> .. . . ,-.:.'i: ..,. ' . . ; ,.

,. .A . ::.: . . GH-R I . . . . ,,

. . . . . . , I r ' . P m m ~

n:--. ' .; , ,

. . . . . , .. L (13 his ~ c t alled &dme--eue *a, nmi. . : .. . . short

title$ (2 ) It extends to the whole of India . . : wvd it applies J,P .. extent,

applica-

(a)- to kitiz,ens. df In&a.'g~$s$&$ Indid: ' l: ' ' . tion,

.... + : ; ; . , :, . . ', . , . , , . , . duration ' . and ( d ) to persons in the service o f the G o v e m e n t , whe- they savings.

may be: . . . . . . . . . . . s . . 2 . : , , .

... z . . : -.: ;:r.. : ' : ' . . , .

[.. . . (cl ik respegt:sf the?regulat.isn.and disdplink of the naval. miPf- tary 'and air :forces or.:..any .other a m e d fopees of the Union, to members of, and persons attached to, employed with, on. fol%aw-

. . . . . . . ing, those- forces; Wherever they may Be; i " : : ,. : . .

~ . ,

(61) to, and to persons on, ships and aircraft re@&erd in India. , .

. . . .

. . . . . . . . . A . :: yv.hqaver :.they ,irnay. be; ':. 1 '

. . . . . : . 7 . : . . . . . . . . . . ,

. . . . . , % , . .

. . . . . . . . . . . . . . . . . . . . . . . . ,, . . . . . > : . . . . . . . . . % ' r . .:, . . . . . . . : . . ', 2'03 4 . IS, G)S)l(&mjj E l r t ~ y j e n ~ ~ aud

:. -. .. ,.: ... '. '.. .. ' . . . . . h.9 S.3., LL;e(, <. , . h ' w .-on& #&I+), ..

% !!,: ,<.. :Sh:. y &&., I- % 6 .k , C-r

J x b d S Q L ~

~ e f e n e e l o f b d i a LAC% 42

(3) It shall come into force at once and sihaU-zm-ee4. -> i - e p w a - 8 damaticm-e and for a p e r i ~ d of 8

six months thereafter, but its expiry under the operation of this sub-section '

- - shdi 8f%&~b-

(a) the previous operation of, or anything duly done or under, this Act or any rule made thereunder or any order made under any such rule, or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under this Act or any rule made thereunder or any order made under any such rule,' or

(c) any penalty, forfeiture or punishment incurred in respect of any offense under this Act or any contravention of any rule

. made under this Act or of any order mode mdes any such rule, 61

( d ) iny investigation, legal proceeding or remedy in respect of any such right, privilege, ~bligation, liability, penalty, f~rfei ture or gynishment as. aforesaid,

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, for%eiture or punishment may be imposed as if this Act had not expired.

Defiw$- 2, In this Act, unless the context otherwise requires,- tions, ( a ) ""evil defense" has the same meaning as in clause (a) of see-

" tion 2 of the Civil Deface Act, 1968; 27 a% 1968.

(b) "enemy" means-

'(i) any persan or 83~untr-y e ~ r n h i t t h g external agp,s$;f~n against Ixadla;

(ii) any person beloa@ng to 8 country. ~ornrnitt~ng such aggression;

(iii) such other country as may.& declared by the Central Government to be assisting the country eomittimg such aggression;

(iv) any persan belonging to such other country;

( i ) any area which is mder the sovereignty of a country referred to in sub-clause (i), or 8 country referred to in sub-claue

. (iii), sf clause ( b ) of this section;

(ii) any area whish the Central Government may, by nstlfica- tion in the Official Gazette, specify to be enemy territory for the purpmes of this Act ~r any rule made thereunder;

( d ) c6mmilitary operation^'^ meam the operations of the ed Forces 0% the Union:

(e) "occupied territory" means any territory 03 India which is for time being in the occupation sf a Caupltrpgp ~eferfedl to in sub

clause (i) , or a country referred tp. in subclause (iii) , of clause (b) of

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

I I

(g) "Proalamation of Emergency" means the Proclamation issued , under clause (1) of article 352 of the Constitution on the 3rd day of

(h) "State Governmentv,-

(i) in relation to the autonomous State of Meghalaya, means,-

(a) as respects any matter with respect to which the Legislature of Meghalaya has power to make laws, the Gov- ernment of Meghalaya; and

(b) as respects any other matter, the Government of Assam;

(ii) in relation to a Union territory, means \the administrator thereof appointed by the President under article 239 of the Constitution;

(iii) in relation to the North-East Frontier Agency, as defined in the North-East Frontier Areas (Administration) Regulation, 1954, means the Goverrior of Assam acting as the agent of the President.

CHAPTER I1

EMERGENCY POWERS

3. (1) The Central Government may, by notification in the Official Power5 to make Gazette, make such rules as appear to it necessary or expedient for secur- rules,

ing the defence of India and civil defence.lthe public s 3 f e t y m C d k , iXtehd maintenance of public order or the efficient conduct of military operations, or for maintaining supplies and services essential to the life of the h d $ ,-J < commuhity.

(2) Without prejudice to the generality of the powers cbnferred by sub-section (I), the rules may provide for, and may empower any authority to make orders providing for, all or any of the following matters. namely : -

(1) ensuring the safety and welfare of the Armed Forces of the. Union, ships and aircraft, and preventing the pr$secution of any work likely to prejudice the operations of the Armed Forces of the Union;

(2) prohibiting anything likely to prejudice the training, discipline or health of the Armed Forces of the Union;

(3) preventing any attempt.to tamper with the loyalty of persons in, or to dissuade (otherwise than with advice duen in good faith to

I the person dissuaded for his benefit or that of any member of his i

family or any of his dependents) persons from entering, the ser- I

vice of the Government;" L

(4) preventing or prohibiting anything likely to a s~ i s t the or to prejudice the successful conduct of military operations

i -d&.ene- including- .A&&$ 1 I (a) comrnunica,ti-uns with the encrny or: agents of the enemy;

4 Law-28. (

?r 9%. % A d 32- $ 1 4 7 5 , s.5 C C . Q . { - ~ S . ~ - 75) C h y J £ ~ c x g e n ~ t ) d /6r;

I '4 Igm- c &*Y -ey 4 . 6 , i A h x . Month tae, ) a

I

& A d J , h d ...-~~ Defencelof India

( b ) acquisition, possession without lawful authority or excuse and publication of information likely to assist the enemy;

( c ) contribution $0, participation or assistance 'in, the floating of loans raised by or on behalf of the enemy;

(d ) advance of money to, or contracts or commercial dealings with the enemy, enemy subjects or persons residing, carrying on

I business, or being, in enemy territory or occupied territory; and 9 l, ; w * K ~ he (e) acts, publications or communications prejudicial to civil

defencelor military operations;

(5) preventing the spreading without lawful authority or excuse of reports or the prosecution of any purpose likely to cause disaffec- tion or alarm, or to prejudice India's relations with foreign powers or to prejudice maintenance of peaceful conditions in any area or part of India, or to promote feelings of ill-will, enmity or hatred between different classes of the people of India;

(6) requiring the publication of news and information; I

-9 (7) (a) prohibiting the printing or publishing of any newspaper, C t i h ~ l . c @ ~ . d bee taining matters prejudicial

the public safety, the main- , . tenance of public order, the efficient conduct of military operations or the maintenance of supplies and services essential to the life of the communif y;

(b) deinanding security from any press used for the purpose of printing or publishing, and forfeiting the copies of, any newspaper, news-sheet, book or other document containing any of the matters referred to in sub-clause (a);

(c) forfeiture ~f such security and the circumstances in which and the authority by whom such forfeiture may be ordered;

( d ) closing down any press or any premises used for the purpose of printing or publishing any newspaper, news-sheet, book or other document containing any of the matters referred to in sub-clause (a) in spite of the forfeiture of such security;

(8) regulating the conduct of persons in respect of areas the control of which is considered necessary or expedient, and the of persons from such areas;

(9) requiring any person or class of persons to comply with any scheme of defenc$--"--'-"'

-------- -- -\- - >

(10) ensuring the safety of- ,%

(a) ports, dockyards, lighthouses, light-ships and aerodromes;

(b) railways, tramways, roads, bridges, canals and allrother means of transport by land or water;

(c) telegraphs, post offices, signalling apparatus and all other means of communication;

(d ) sources and systems of water-supply, works for the supply of water, gas or electricity, and all other works for public purposes;

(el vessels, aircraft, transport vehicles as dcfincd in the Motor '4

Vehicles Act, 1938, and rolling stgcks of railways and tramways: q ~f 193s

(f) warehouses and all other places used or intended to be used for storage purposes;

( g ) mines, oil-fields, factories or industrial or commercial undertakings generally, or any mine, oil-field, factory or industrial or commercial undertaking in particular;

(h) laboratories and' institutions where scientific or technoio- gical research or training is conducted or imparted;

(i) all works and structures being part of, or connected with, anything earlier mentioned in this clause; and

(j) any other place or thing used or intended to be used for the purposes of Government or a local authority or a semi- Government or autonomous organisation, the protection of which 1

Y is considered necessary or expedient for securing the defence of India and civil defence,lthe public safety, the public order, or CtlYL the efficient conduct of military operations, or for maintaining n ~ 4 , 1 supplies and services essential to the life of the community;

(11) the demolition, destruction or rendering useless in case of necessity of any building or other premises or any other property;

(12) prohibiting or regulating traffic, and the use of vessels, buoys lights and signals, in ports and territorial, tidal and inland waters;

(13) the control of persons entering, travelling in, or departing from, India;

(14 ) restricting and regulating the charter of foreign vessels and aircraft;

(15) regulating the structure and equipment of vessels for the purpose of ensuring the safety thereof and of persons therein;

(16) regulating work in dockyards, shipyards and aerodromes in respect of the construction and repairs of vessels and aircraft;

L ,, (17) prohibiting or regulating the sailings of vessels from ports, traffic at aerodromes and the movement of aircraft, and traffic on railways, tramways and roads, and reserving and requiring to be adapted, for the use of the Government, all or any accommodation in vessels, aircraft, railways, tramways or road vehicles for the carriage of persons, animals or goods;

(18) the impressment of vessels, aircraft, vehicles and animals, for transport;

(19) prohibiting or regulating the use of postal, telegraphic or telephonic services, including the taking possession of such services, and the delaying, seizing, intercepting or interrupting of postal articles or telegraphic or telephonic messages;

(20) regulating the delivery otherwise than by postal or telegraphic service of postal articles and telegrams;

(21) the control of trade or industry for the purpose of regulating or incr-easing the supply of, and the obtaining of information with regard to articles or things of any description whatsoever which may be used in connection with the conduct of military operations or

I Y 208 k D e f e n c e h f India ACT 42

L- f.. i w h d or for maintaining supplies and services essential to the - u

(22) the control of' generation, hupply, distribution, use or con- sumption of electrical energy;

123) the taking over by the Central Government or the State Government, for a limited period, of the management of any property (including any undertaking) relating to supplies and services essential to the life of the community;

(24) the control of agriculture (including the cultivation of agricultural land and crops to be raised therein) for the purpose 01 i n ~ r e ~ s i n g the production and supply of foodgrains and other essential agricultural products;

r (25) the provision, storage and maintenance of commodities and LCYZ FY things required for the conduct of military operations or for ,the ;,ihd /"defence. of India and civil defenc3

C h k 5 y (26) the requisition of services of persons for maintaining supplies and services essential to the life of the community;

I (27) the provision, construction, maintenance or alteration of w buildings, premises or other structures or excavations required for

[ o r fir the conduct of military operations or the defence of India and civil f-g

(2;) prohibiting, restricting or otherwise regulating the bringing ' into, or taking out of, India of goods or articles of any description (including coin, bullion, bank notes, currency notes, securities and foreign exchange), and bcinging into any part or place in India of any such goods or articles as aforesaid intended to be taken out of India- S t h o u t being removed from the ship, aircraft or other cdnvey- I ance in which they are being carrie'd and applying the provisions I

of the Customs Act, 1962, and in particular section 11 thereof to i% or 1 ~ 6 ~ . I

such prohibitions, restrictions and regulations; I

(29) controlling the possession, use or disposal of, or dealing in, coin, bullion, bank notes, currency notes, securities or foreign ex- I

change; 1

- (30) the control of any road or pathway, waterway, ferry or bridge, river, canal or other source of water-supply;

(31) the requisitioning and acquisition of any movable pro$rty; and the principles on which and the manner in which compensatibn shall be determined and given in respect of such requisitioning or acquisition ;

(32) the prevention of any corrupt practice or abuse of authority I q or other mala fide action in relation to the production, storage, pur-

GtRa. A t a d cease j,'-Td-;c sale supply ------- or transport of goods for any purpose connected h e - % , f l l > the defence of India and civil =phe efficient conduct of

military operations or the maintenance of supplies and services essen-' tial to the life of the'community;

(33) the prevention of hoarding, profiteering, blackmarketing, or adulteration of, or any other unfair practices in relation to, any goods procured by or supplied to the Government or notified by or under the rules as essential to the life of the community;

(343 prohibiting or regulating the possession, use or disposal of-

(a) explosives, inflammable substances, corrosive and other dangerous substances or articles, arms and ammunitions of war;

( b ) vessels;

( c ) wireless telegraphic apparatus; *

(d) aircraft; and

( e ) photographic and signalling apparatus and any means of recording information;

(35) prohibiting or regulating the bringing into, or taking out of, India and the possession, use or transmission of ciphers and other secret means of communicating information;

(36) prohibiting or regulating the publication of inventions and d e i i ~ s ;

(37) prohibiting or regulating the publication of results of resgarch work having a bearing on efYorts relating to defence of India or militAry operations;

(38) preventing the disclosure of official secrets;

(39) prohibiting or regulating meetings, assemblies, fairs and processions; I

(40) preventing or controlling any use of uniforms, whether official or otherwise, flags, official decorations like medals, badges and other insignia and anything similar thereto, where such use is calcu- , lated to deceive or to prejudice the public safety, the maintenance of public order, the defence of India and civil defencff: -+~P*L tRe c ' w h d

(41) ensuring the accuracy of any report or declaration legally m-3 required of any person;

(42 ) preventing the unauthorised change of names;

(43) preventing anything likely to cause misapprehension in respect of the identity of any official person, official document or official property or in respect of the identity of any person, document or property purporting to be, or resembling, an official person, official dddiiinent or dfficial property;

(44) the accommodation in any area of persons evacuated from another area and the regulation of the conduct of evacuated persons acc~inmodated in such area;

(45) the billeting of evacuated persons or persons authorised to exercise functions under this Act;

(46) the entry into, and search of, any place reasonably suspected , of being used for any purpose prejudicial to the public safety or in-% terest, to the defence of India and civil defencefir to the efficieilt f' Z!L2

conduct of military operations, and for the seizure and disposal of ihu h e G 4 l anything found there and reasonably suspected of being bsed for euch purpose; . .

i r o

(47) the preparation of any scheme of defence service or any other service connected with the defence of India and requiring any person or class of persons to comply with such scheme;

(48) the eviction of unauthorised occupants from such public premises [as defined in the Public Premises (Eviction of Unautho- rised Occupants) Act, 19711 as are, in the opinion of the Central 40 of ~1-971.

Government, required for the purposes connected with the defence of India and civil defence, the public safety or interest, the efficient conduct of military operations or the maintenance of supplies and services essential to the life of the community.

(3) The rules made under sub-section (1) may further-

(i) provide for the arrest and trial of persons contravening any of the rules or any order issued thereunder;

(ii) provide that any contravention of, or any attempt to contravene, or any abetment of, or any attempt to abet, the contravention of any of the provisions of the rules or any order issued under any such provision, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both;

(iii) provide for the seizure, detention and forfeiture of any ,

property in respect of which such contravention, attempt or abetment as is referred to in clause (ii) has been committed and for the adju-"' dication of such forfeiture whether by a court or by any other

,. authority;

(iv) confer powers and impose duties-

(a) upon the Central Government or officers and authorities of the Central Government as respects any matter, notwithstanding that the matter is one in respect of which %he Stale: Legislature has power to make laws; and

, \ ;

( b ) upon any State Government or officers and authorities of any State Government as respects any matter, notwithstanding that the matter is one in respect of which the State Legislature ;

has no power to make laws;

(v) prescribe the duties and powers of public servants 'and other persons as regards preventing the contravention of, or seouring the ,

observance of, the rules or any order made thereunder;

(vi) provide for preventing obstruction and deception of, and disobedience to, any person acting, and interference with any notice issued, in pursuance of the rules or any order made thereunder;

(vii) prohibit attempts by any person to screen from punishment any one, other than the husband or wife of such person, contravening any of the rules or any order made thereunder;

(viii) empower or direct any authority to take such action as may be specified in the rules or as may seein necessary 'to such

of ensuring the public safety or interest or the defence of India and civil defeLc3,

(h) provide for charging fees in respect of the grant or issue of', a licence, permit, certificate or other docurncnt for the puqmse's of ' the rules.

I >

-. , &y,, % && it of , q ? $ ) s.6 ( w - P . # . a . 6 . 7s) ~4 f k ~ * > * n ?

hi( -mlla+4 t!AAc+). /

a'Ld g w a 4 ~ e f encdof India

. 1 4. The Central Government may, by notification in the Official Gazette, $$:; by general or special order that any persons who not being mem- t o control

, bers of the Armed Forces of the Union are attached to, or employed with, $~~'iel , . or following,' those Forces, shall be subject to naval, military or air force employed

law, and, thereupon such persons shall be subject to discipline and liable &r'Fg- 6201 1957.' to'punishment for offences under the Navy Act, 1957, the Army Act, 1950, the Armed 4 6 0 f l 9 s 0 . and the Air Force Act, 1950, as the case may be, as if they were included T$FG:$~.

' "5 bf rg'So. in such class of persons subject to any of those Acts as may be specified in the notification or in the absence thereof, by an officer empowered by the Central Government in this behalf.

Enhanced 5. (1) If any person contravenes, with intent to wage war against penalties. India or to assist any country committing external aggression against

' India, any provision of the rules made under section 3 or any order issued under any such rule, he shall be punishable with death or imprisonment for life, or imprisonment for a term which may extend to ten years and shall also be liable to fine.

(2)' If any person,-

(a) contravenes any such provision of, or any such rule or order 22 of 1934. made under, the Aircraft Act, 1934, as may be notified in this behalf

by the Central Government, or

(b) in any area notified in this behalf by a State Government, contravenes any such provision of, or any such rule made under, the

54 Of Arms Act, 1959, the Indian Explosives Act, 1884, the Explosive Subs- 4 of 1884. 6 of 1908. tances Act, 1908, or the Inflammable Substances Act, 1952, as may be 200f notified in this behalf by the State Government,

he shall, notwithstanding anything contained in any of the aforesaid Acts , or rules .made thereunder, be punishable with imprisonment fpr a term

which may extend to five years, or, if his intention is to assist any country committing external aggression against India, or, to wage war against India, with death or imprisonment for life or imprisonment for a term

..:b- .:'which may extend to ten years and shall, in either case, also be liable to fine.

(3) For the purposes of this section, any person who attempts to contravene, or abets or attempts to abet, or does any prcpara- tory to, a contravention of any provision of any law, rule or order shall be deemed to have contravened that provision.

Temporary 6. During the continuance in force of this Act,- amend-

19.of 1923. ' ' ' ( I ) the Official Secrets Act; 1923, shall have effect as if,- to

(a) in sub-section (1) of section 5, after the words "in such > . ; c ' .,. : . . : 1 . ':a place,", the words and figures "or which r

, - !I$:: : : a protected area as defined in the rules made under the 33 ofJadi-a-Aet, 1971, or relates to anything in such area,'

, .., been inserted; and after the words "an en . .

figures "as defined in the Q e f - e been ins8rted; -

: . ( b ) f o r sub-section (4) of section 5, the followink sub- '. ,' ' .

i , - . . . , sectiqn had been substituted, name!y: - I _ .

. . "(4) A person guilty of an offence under this section shall be punishable with imprlsonmest fsr a term which

m d J n t a n n e LuL*Ctid ~ e f encelof India [ACT 42

may extend to five years, or if such offence is committed with intent to assist any country committing external aggression against India or to wage war against India,' with

I death or imprisonment for life or imprisonment for a term which may extend to ten years and shall, in either case, also be liable to fine.";

(2) the Aircraft Act, 1934, shall have effect as if- 9,2* of 1934.

(a) at the end of clause ( r ) of sub-section (2) of section 5, the following words had been inserted, namely:-

"including the taking of steps necessary to secure compliance with, or to prevent contravention of, the rules rqgu- Pating such matters, or, where any such rule has been contravened, to rectify, or to enable proceedings to be taken in respect of, such contravention";

(b) in clause (b) of sub-section (1) of section 8, for the words, brackets, letters and figures "clause (h) or clause ( i ) of sub-section (2) of section 5", the words, brackets, letters and figures "clause (d), (e), (h), (i), (k) or (1 ) of sub-section (2) of section 5, or the commission of an offence punishable under section 11" had been substituted;

(c) in section 11, after the wor.ds "in the air", the words "or in such a manner as to interfere with any of the Armed Forces of the Union or any ships or aircraft" had been inserted;

(d) in section 13, for the words, brackets, letter and figures << clause (i) of sub-section (2) of section 5", the words, brackets. letters and figures "clause (c), (d), (e), (h), (i), (j) or (k) of sub-section (2) of section 5 or punishable under section 11" had been substituted; and

(e) section 1 4 had been omitted;

(3) the Payment of Wages Act, 1936, shall have effect as if after 4 of 1 9 3 ~ . . clause (i) of sub-section (2) of section 7, the following clause had been inserted, namely : --

"(ii) deductions made with the written authorisation of-- .. . , (i) the employed person; or

(ii) the president or secretary of the registered trade union of which the employed person is a member on such conditions as may be prescribed,

for contribution to the National Defence Fund or to any Defence Savings Scheme approved by the State Governqent;";

(4) the Motor Vehicles Act, 1939 (in this clause referred to as 4 of 1936.

the "said Act") shall have effect-subject to the following provisions, namely: -

(a) the State Government may, by notification in the Official Gazette, authorise, subject to such conditions, if any, as it may think fit to impose, any person-

(i) also to perform such functions of the State Govern- ment under Chapter IV (in this clause referred to as the "said

I Chapter") of the said Act, other than the making of rules 1 as may be specified in the notification; and

OF 19711 &Lot S n t e * d &*

Dejencelof India 213

(ii) to perform to the exclusion of the State Transport Authority or Regional Transport Authority, as the case may be, such functions of the State Transport Authority or any Regional Transport Authority under the said Chapter as may be specified in the notification,

and the expression "proper authority" in this clause shall, in relation to the performance of any such function as aforesaid, be construed in accordance with the provisions of such notification, if any, relating to that function;

( b ) notwithstanding anything to the contrary in section 58 or section 62 of the said Act, the proper authority may grant . a permit or a temporary permit under the said Chapter to be effective for any specified period or for the period of operation of this Act, whichever is less;

(c) the State Government may, by general or special order, fn writing, provide that the proper authority,-

(i) in deciding to grant or refuse to grant a permit under the said Chapter, shall not be bound to take into consideration representati.ons made by any persons other than the applicant for the permit or to follow the procedure laid down in section 57 of the said Act, and may take into consideration an application for a stage carriage permit or a public carrier's permit which has not complied with the provisions of sub-section (2) of that section;

(ii) in fixing the maximum and minimum fares or freights for stage carriages and public carriers, shall not be bound to give the representatives of the interests affected an oppcrtunity of being heard or to follow the procedure laid down in section 43 of the said Act, or where such action is taken for the purpose of preventing the charge of excess

fares or freights, to have regard to any of the considerations set forth in clausefs (a) to (d) of sub-section (1) of that section;

(d) without prejudice to the provisions of section 60 of the said Act, the proper authority may, if in its opinion the! public interest so requires, cancel, or modify the conditions of, or sus- pend for such period as it thinks fit, any permit or counter- signature under the said Chapter which is valid in its jurisdiction;

( e ) the Central Government or the State Government may, by general or speci*!l order in writing, exempt from all or any of the provisions of the said Chapter any transport vehicle used or required for use in connection with any work or purpose claclared by the Central Government or, as the case may be, the State Government in the order to be a work or purpose con-

. nected with the defence of India, the conduct of military opera. Wons or civil defence;

(f) if the ~tat'c? Government by general or special order i~ writing so directs, the provjsions of sub-section (2) of section 38 of the said Act shall have effect in relation to any controlled motor vehicles specified in the order as if in the said sub-section, the words "not being in any case more than two years or less than six months" and the provigo and the Explanation had been d t t e d .

4 Law-29,

aud 9%-d k-% ~ e f e n c e l o f India [ACT 42

Explanation.-In this clause "controlled motor vehicle" means any motor vehicle declaied by the Government to be a controlled motor vehicle by order made in this behalf;

(5) the Civil Defence Act, 1968, shall have effect as if,- 27 of 1968.

( a ) for sub-section (3) of section 3, the following sub-section had been substituted, namely:-

" (3) Any rule made under sub-section (1) may provide that a contravention thereof or any order made or direction given thereunder shall be punishable with imprisonment for a term which may extend to three .clears, or with fine, or with both.";

(b) in section 11, sub-section (2) had been omitted;

( c ) after section 16, the follnwing sections had been inserted,

namely : - Power of "16A. The Central Government may, by order, direct that the Cen- any power or duty, which by this Act or any rule made tral Gov- ernment to thereunder is conferred or imposed upon the Central Govern- delegate. ment shall, in such circumstances and under such conditions,

if any, as may be specified in the direction, be exercised or discharged also by any officer or authority subordinate to the Central Government.

Effect of order made by the Central Govern- ment, etc.

16B. Any order made by the Central Government or the officer or authority authorised by i t under section 1 6 ~ in relation to a matter to which this Act or any rule made thereunder relates shall have effect, notwithstanding anything contained in any arder. made by the State Government or any other authority with regard to such matter.";

(d) in section 19, after the words "authorised by", the words "the Central Government," had been inserted;

(6) the Maintenance of Internal Security Act. 1971, shall have 2G of 1971. effect as if,-

(a) in sub-section (2) of section 1, the words "except the State of Jammu and Kashmir" had been omitted and the following proviso had been inserted a t the end, namely: -

I erson in respect of whom an order Y

[.Befence the Jammu and Kashmir Preven-

S u l e e h d s in force immediately before the J. & K.

/ S e w 4- efettee---&+hW&, 1971, shall fti2111 the provisions of that Act in

Qndcac A-tkl s if this Act had not been extended to the State of Jammu and Kashmir.";

Ib) in section 2, after clause (d), the following clause had been inserted, namely : -

" (e) any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, he construcd as a reference to the corresponding

%

lgw, if any, in force in that State.";

(c) in sub-section (2) of section 3, for the words, brackets, figures and letter "may, if satisfied as provided in sub-clauses @i) and (iii) of clause (a) of sub-section (I),", the words, brackets and figure "may also, if satisfied as provided in sub-section ( I ) , ' ' had been substituted;

I (d) in section 13, after the words "from the date of deten- ,+ tion", the words and figures "or until the expiry of the 43e--@$ed CJMJ~.

i € a w ~ ~ $ d & & , 1971, whichever is later" had been inserted; g,UcL4

( e ) after section 17, the following section had been inserted, ~d$j t namely: - Q h A d 3

'17A. (1) Notwithstanding anything contained in the of deten-

foregoing provisions of this Act, during the period of operation in tion of the Proclamation of Emergency issued on the 3rd ~ ~ ; ~ n ~ ~ o n day of December, 1971, any person (including a foreigner) in on certain respect of wnom an order of detention has been made under grounds- this Act, may be detained without obtaining the opinion of the Advisory Board f o ~ a period longer than three months, but not exceeding two years from the date of his detention in any of the following classes of cases or under any of the following circumstances, namely: - -.

(a) where such person had been detained with a view to preventing him from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India; or

(b) where such person had been detained with a view to preventing him from acting in any manner prejudicial to the security of the State or the maintenance of public order.

(2) In the case of any person to whom sub-section (1) I ,

applies, sections 10 to 13 shall have effect subject to the following modifications, namely:-

(a) in section 10, for the words "shall, within thirty days", the words "may, at any time prior to but in no case later than three months before the expiration of two years" shall be substituted;

t o ) in section 11,-

(i) in sub-section (I), for the words "from the date of detention", the words "from the date on which reference is made to it" shall be substituted;

(ii) in sub-sectio; (2), for the words "the detention of the person concerned", the words "the continued detention of the person concerned" shalil be substituted;

(c) in section 12, for the words "for the detention", in both the places where they occur, the words "for the ,

continued detention" shall be substituted;

(d) in section 13, for the words "twelve months", thc words "three years" shall be substituted,'.

ax~d Jrrtr*nd 4 Defencebf India [ACT 42

CHAPTER I11

CbnstiW- '2. ( 1 ) The State Government may, for the whole or any part of the State, constitute one or more Special Tribunals which, or each of which,

Tribunals. shall consist of three members appointed by that Government.

(2,) No person shall be appointed as a member of a Special Trkbunal unless he-

(a) is qualified under clause (2) of article 217 of the Constitution for appointment as a Judge of a High Court; ss

(b) has for a total period of not less than three years exercised, whether continuously or not, the powers under the Code of Criminal Procedure, 1898 (hereafter in this Chapter referred to as the Code) 5.f 1898,

of any one or more of the following, namely:-

(i) Sessions Judge, Additisnal S-ssions Judge, Chief Presi- dency Magistrate, Additional Chief Presidency Magistrate,

(ii) District Magistrate, Additional District Magistrate.

(3) At least one member of a Special Tribunal shall be qualified for appointment thereto under clause (a) of sub-section (2 ) , and where only one member is so qualified under that clause, at least one other member shall be qualified for appointment under clause (b) of that sub-section by virtue of having exercised powers exclusive of those specified in sub- clause (ii) of the said clause (b).

Jurisdk- 8. During the period during which the Proclamation of Emergency is tlon of Special in operation, the State Government may, by general ar special order, Tribunals direct that a Special Tribunal shall try any offence-

(a) under any rule made under section 3, or

(b) punishable with death, or imprisonment for life or imprisonment for a term which may extend to ten years under seqtion 5 of this Act o'r under sub-section (4) of section 5 of the Officiai Secrets Act, 1923, as amended by section 6 of this Act, 19 of 1923,

triable by any court having jurisdiction within the local limits of the jurisdiction of the Special Tribunal and may, in any such order, direct ,

the transfer to the Special 'l'ribunal of any particular case from any other Special Tribunal or any other criminal court not being a High Court.

Procedure 9. (1) A Special Tribunal may take cognizafice of offences without the of Special Tribunals. accused being committed to i t for trial.

(2) Save in cases of trials of offences punishable with death or Impri- sonment for life or imprisonment for a term which may extend to five years or more, i t shall not be necessary in any trial for a Special Tribunal to take down the evidence at length in writing, but the Special Tribunal shall cause a memorandum of the substance of what each witness deposes,'l to be taken down, and such memorandum shall hc signcdo by a member'? of the Special Tribunal and shall form part of the record.

(3) A Special Tribunal shall not be bound to adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice.

(4) A Special Tribunal shall not, merely by reason of a change in its members, be bound to recall and to re-hear any witness who has given evidence, and it may act on the evidence already recorded by or produced before it.

(5) After an accused person has once appeared before it, a Special Tribunal may try him in his absence if, in its opinion, his absence has been brought about by the accused himself for the purpose of impeding the course of justice, or if the behaviour of the accused in court has been such as, in the opinion of the Special Tribunal, to impede the course of justice.

(6) In the event of any difference of opinion among the members of a Special Tribunal, the opinion of the majority shall prevail.

(7) The State Government may, by notification in the Official Gazette, make rules providing for-

(i) tlie times and places at which Special Tribunals may sit; and

(ii) the procedure to be adopted in the event of any member of a Special Tribunal being prevented from attending throughout the trial of any accused person.

( 8 ) A Special Tribunal shall, in all matters in respect to whic,h no procedure has been prescribed by this Act or by rules made thereunder, follow the procedure prescribed by the Code for the trial of warrant cases by Magistrates.

10. In addition, and without prejudice, to any powers which a Special Exclusion Tribunal may possess by rrirtue of any law for the time being in force to ~ o ~ ~ ~ o -

order the exclusion of the public from any proceedings, if a t any stage in c&dings of the course of a trial of any person before a Special Tribunal, application ~ $ ~ ~ , s .

is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the coupe of the trial would be prejudicial to the safety of the State, that all or any portion of the public' shall be excluded during any part of the hearing, the Special Tribunal may make an order to that effect, but the passing of the sentence shall in any case take place in public.

11. A Special Tribunal shall have all the powers conferred by the powers of Code on a Court of Session exercising original jurisdiction. Special

Tribunals, 12. ( I ) A Special Tribunal may pass any sentence authorised by law. snk,c,

of Special (2) A person sentenced by a Special Tribunal- Tribunals.

(a) to death or imprisonment for life, or

(b) to imprisonment for a term of five years or more,

under this Act or the rules made thereunder or under sub-section I

19 of 1923. (4) of section 5 of the Official Secrets Act, 1923, as amended by section 6 of this Act,

shall have a right of appeal to the High Court within whose jurisdiction the sentence has been passed, but save as aforesaid and notwithstanding the provisions of the Code, or of any other law for the time being fn force, or of anything having the force of law by whatsoever authority made or done, there shall be no appeal from any order or sentence of a

Special Tribunal and no court shall have authority to revise such order or sentence, or to transfer any case from a Special Tribunal, or to make any order under section 491 of the Code, or have any jurisdiction of any kind in respect of any proceedings of a Special Tribunal.

(3) The powers conferred upon the appropriate Government by Chap- ter XXIX of the Code shaJl apply in respect of a person sentenced by a Special Tribunal.

CRAPTER IV E ~ L O Y M E N T OF TECHNICAL PERSONNEL IN THE NATIONAL SERVICE

Defini- 13. In this Chapter, unless the context otherwise requires,- tions.

(a) "employment in the national service" means employment in a notified establishment in pursuance of an order passed under section 17; i

(b) "employerJ' means any person who employs technical personnel to do any work in an establishment and includes any person entrusted with the supervision and control of technical perspnnel in such an establishment;

Liability for employment in natiqnal servlce.

National Sc rvice Tribunals.

( c ) "establishment" means- 1 -:

(i) any office, or 1 r. ?

\ (ii) any place where any industry, trade, business or occu-

pation is carried on; and includes any technical institution 01-

training centre established, selected or approved by the Central Governm-ent;

(d) "National Service .Tribunal" means a Tribunal constituted under section 15;

( e ) "notified establishment" means any Government establishment, any establishment belonging to a corporation owned, controlled or managed by the Government and any establishment declared by notification under sub-section (1) of section 16 to be engaged in work of national importance;

(f) "notified occupation" means any occupation which the Cen- tral Government may, by rules made under this Chapter, qpecify as a notified occupation for the purposes of this Chapter;

(g) "technical personnel" means all persons who possess knowledge of or skill in one or more of the notified occupations, qhether or not they are employed in any establishment, and includes,such persons or class of persons undergoing training in any of tho* occupations in any establishment as may be declared by the CeQral Gov- ernment by notification in the Official Gazette to be techsjcal personnel for the purposes of this Chapter.

14. All technical personnel, being citizens of India and not being members of the Armed Forces of the Union or members of any ~ e s e r v e of any such Force who are liable, under the terms of their service in such Re- serve, to be called up for service at any time and not only on partial 01

general mobilisation, shall be liable under this Chapter to undertake employment in the national service.

15. (1) The Central Government shall constitute, for such areas and in such places as it thinks fit, National Service Tribunals to exercise the functions assigned to such Tribunals by or under this Chapter.

LxU7.4 J & d -4 OF 19711 Defence& India 21 9

(2) The composition, powers and procedure of National Service Tribunals shall be such as may be prescribed.

16. (1) The Central Government may, by notification in the Official Notified establish- Gazette, declare any establishment, which is engaged in work which, in ments.

the opinion of the Central Government, is likely to assist the defence of ' India and civil defence,[thel efficient conduct of military operations, orT* 'nte+ncue the maintenance or increase of supplies and services essential to the life -* of the community, to be an establishment engaged in work of national importance and thereupon such establishment shall be a notified establishment and while making such declaration, the Central Government may require that establishment to make such provisions as inay be specified in the notification in regard to the terms 01 service and conditions of work of its employees.

(2) Every notified establishment shall be eligible to apply to a Nation- al Service Tribunal or to the Central Government for technical personnel and having so applied, shall take into its employment such technical personnel within such period and on such terms and conditions as map be prescribed.

7 . (I) Subject to any rules made in this behalf under this Chapter. ::":;!- the Central Government may require a National Service Tribunal to technical. report what technical personnel, whether employed in an establishment fner:zyel or not, is available within its jurisdiction for employment in the nationa! national

service and may by order in writing,- serv~ce.

(a) require the employer in any establishment by which such technical personnel is employed to release such personnel as may be

specified in the order, for employment in the national service;

(b) direct any technical personnel to undertake such employment in the national service as may be specified in the order;

(c) direct that any technical personnbl engaged in any establishment under conditions not amounting to employment in the national service shall, for the purposes of sub-section (8), be deemed. to have been taken into employment in the national servlce; and

(d) require any notified establishment, notwithstanding that it has not made any application under section 16, to take into its employment such technical personnel within such period as may be specified in the order.

(2) Notwithstanding anything in sub-section (I) , a National Service Tribunal may-

(a) exercise the powers conferred on the Central Government by clauses (a) and (b) of sub-section (1);

(b) require by order any employer to give training in his establishment to persons for qualifying them as technical personnel;

(c) direct by order technical personnel to present themselves at such place and time as may be specified in the order for interview or inquiry and if so required, for submission to a test of their technical skill.

(3) Any order made by the Central Government under sub-section ( 1 ) and by a National Service Tribunal under sub-section (2) shall be complied with within such period or on such date a s map be specified fn this behalf i~ the order.

I u 4 ~ . % 3 2 $ 1 ~ 9 5 t S , 8 CO-e-f . 2s. 6.251 (A'? L ~ d ~ e * 3 4

h ' x

-4 3.,-&4%-.c( seew3.J ~efence lo f India , [ACT 42

(4) The Central Government or, as the case may be, a National Service Tribunal, may, by order in writing, transfer technical personnel from one form or place of employment in the national service to another; and the employer and the personnel concerned shall co~nply with such order.

(5) No person included in the definition of technical personnel, who has been directed to undertake employment in the national service or transferred from one form or place of employment to another under the foregoing provisions, shall be discharged from or leave his employment in such service unless the employer or person concerned has previously obtained the permission of the Central Governme~t or, as the case may be, of the National Service Tribunal.

(6) Any person included in the definition of technical personnel who is required t o undertake employment in the national service or transferred from one form or place of employment to another under the foregoing provisions of this section, may be required by the Central Govern- ment, or, as the case may be, the National Service Tribunal concerned, to submit himself to be examined by such medical authority as may be prescribed.

(7) An appeal shall lie to the Central Government against any order passed by a National Service Tribunal under this section and the decision of the Central Government shall be final.

(8) The terms of service of technical personnel taken into employ-

ment in the' national service shall be such as may be prescribed:

Provided that any rights which such technical personnel may have under the provident or superannuation fund or other scheme relating to gratuity, bonus or other benefit for the advantage of employees maintained by the establishment from which they are released shall be preserved.

tie-instate- 18. (1) Every person who was employed in an establishment imme- xent. diately before his employment in the national service and whose emp-

loyment in the national service has not been terminated by dismissal for serious misconduct shall, on his release from such employment in the national service, be entitled to be re-instated in his former employment, in accordance with such conditions as may be prescribed:

Provided that in determining such coqditions regard shall be had to the additional skill and experience acquired by him in the course of his employment in the national service.

(2) The Central Government may by rules made in this behalf provide for the appojntment of Technical Personnel (Re-instatement) Tribu- nals to deal with such matters in relation to re-instatement of persons released from employment in the national service as may be prescribed.

Relin- quish- ment of employment by. di.s. missal of. and

19. (1) Subject to any rules made in this behalf, a National Service Tribunal may require any establishment (including a notified establishment) to post before a specified date and to keep posted, on its premises notices intimating that-

(a) no person included, within the definition of technical personnel who is eI?Ipl~yed in the establishment shall at any time after the

'%4+4 . J & d G* Defencelof India

posting of the notice, leave his employment without the previous engage-

permission in writing of the National Service Tribunal; ment by establish-

I - < ' ment (b) if the National Service Tribunal refuses such permission, ;:khni-

that Tribunal may lay down, subject to the prescribed conditions, cal Per- sonnel. the terms of service on which the employer shall continue to retain

him in employment;

(c) if ,any such person leaves his employment without the pre- - vious permission in writing of the Tribunal as aforesaid he may be directed by the Tribunal to return to his employment.

(2) After notices referred to in sub-section (1) have been posted on the premises of any establishment (including a notified establishment), no employer in the establishment shall engage, discharge or dismiss any person included in the definition of technical personnel except in accordance with rules made in this behalf,

20. (1) Whoever contravenes any order of the Central Government penalties or of a National Service Ribunal made under section 17 or wilfully fails p:tce- to comply with any summons, requirement, direction or order issued or dure. madexby the Central Government or by a National Service Tribunal under any other provision of this Chapter shall be punishable with imprisonment for la term not exceeding six months, or with fine not exceeding one thousand rupees, or with both.

# ( 2 ) No court shall take cognizance of any offence punishable under sub-section ( I ) except with the previous sanction in writing,-

(a) in the case of contravention of any order or any wilful failure to comply with any summons, requirement or direction of the Central Government, of the Centr.al Government;

(b) in the case of contravention of any order or any wilful

failure to comply with any summons, requirement or direction of a National Service Tribunal, of the National Service Tribunal.

(3) Notwithstanding anything contained in the Code of ' Crjrninal 5of 1898, Procedure, 1898, an offence punishable under sub-section (1) shall be

cognizable. I

(4 ) No court inferior to a Presidency Magistrate or a Magistrate of tbr! First Class shall try any offence punishable under sub-section (1).

I

21. Any summons, notice, requirement, direction or order issued, Ser- vice of made or given to any person under this Chapter may be served by being ,,mmo,,,

sent by registered post addressed to that person at his last known resi- orders, dence. etc.

I

22. (1) The Central Government may, by notification in the Oficial Power

Gazette, make rules for carrying out the purposes of this Chapter. lo make rules.

(2) Without prejudice to the generality of the foregoing power, such rules may prescribe-

(a) the occupations which shall be notified occupations tor the purposes of this Chapter;

4 Law-30. L L a

- J&xdSpevhLtY 222 ~efencelof Indiu [ACT 42

( b ) the composition, powers and procedure of National Service L , I * ,

Tribunals ;

(c) the technical personnel, which may he taken into the employment of any notified establishment under sub-section (2) of section 16 and the period within which and the terms and conditions on which such personnel shall be so taken;

(d) the medical authority before whom any person may be required to submit himself for examination under sub-section (6) of section 17;

(e) the terms of service of technical personnel taken into employment in the national service;

(f) the conditions in accordance with which persons released from employment in the national service may be re-instated in their former employment;

(g) the appointment of Technical Personnel (Re-instatement) Tribunals and the matters in relation to re-instatement which such Tribunals may be required to deal with;

(h) the provisions relating to engagement, discharge or dismissal of persons by any employer in any establishment on the premises of which notices have been posted under sub-section (1) of section 19;

(i) any other matter which may be prescribed or which is to; he provided for by rules.

(3) Any rule made under this Chapter may provide that a contravention of the rule shall be punishable with imprisonment for a term not exceeding six months, or with fine not exceeding one thousand rupees, or with both.

CHAPTER V

Requisi- 23. (1) Notwithstanding anything contained in any other law for the time being in force, if in the opinion of the Central Government or the of im-

movable State Government it is necessary or expedient so to do for securing the t public safety, maintenance of public order

operations, or for maintaining supplies of the community, that Government

may by order in writing requisition any immovable property and may make such further orders as appear to that Government to be necessary or expedient in connection with the requisitioning:

Provided that no property or part thereof which is exclusively used by the public for religious worship shall be requisitioned.

(2) The requisition shall be effected by an order in writing addressed to the person deemed by the Central Government or the State Govern- ment, as the case may be, to be the owner or person in possession of the property, and such order shall be served in the prescribed, manner on

i the person to whom it is addressed.

cwc S n t e h d ~ e f encelo f India 223

(3) Whenever any property is requisitioned under sub-section ( I ) , the period of such requisition shall not extend beyond the period for wkiich such property is required for any of the purposes mentioned in thkit 'sub-section:

24. Whenever in pursuance of-section 23, the Central Government or Payment of the State Government, as the case may be, requisitions any immovable z g P E n s a - property, there shall be paid to the perscns interested compensation the amount of which shall be determined by taking into consideration the following, namely : -

(i) the rent payable in respect of the property or if no rent is payable, the rent payable in respect of similar property in the locality;

(ii) if in consequence of the requisition of the property the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change;

(iii) such sum or sums, if any, as may be found neces'sary to compensate the person interested for damage caused to the property on entry after requisition or during the period of requisition, other than normal wear and tear:

Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the Central Government or the State Government, as the case may be, for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Central Government or the State Government, as the case may be, may determine :

Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of cohpensation, it shall be referred 'to an arbitrator appointed in this behalf by the Central Government or the State Government, as the case may be, for determination, and shall be determined in accordance with the decision of such arbitrator.

Explanation.-In this section and in section 31, the expression "person interested'' in relation to any property includes all persons claiming or entitled to claim an interest in the compensation payable on account of the requisitioning or acquisition of that property under this Act.

25. The Central Government or the State Government, as the case power to may be, may, with a view to requisitioning any property under section obtain in-

formation 23 pr determining the compensation payable under section 24, by order- and give

direction.

(a) require any person to furnish to the authority mentioned therein such information in his possession relating to any property as may be specified;

( b ) direct that the owner, occupier or the person in possession of the property shall not, without the permission of Government, dispose of i t or where it is a building, structurally alter i t till the expiry of such period as may be specified in the order.

power 26. Any person authorised in this behalf by the Central Government of entry t o , a n or the State Government, as the case may be, may enter into any immov- '"Spec- able property and inspect such property for the purpose of determining tion of, pro- , whether, and if so in what manner, an order under section 23 should be perty9 made in relation to such property or with a view to securing compliance etc.

with any order made under that section.

Evic- 27. (1) Any person remaining in possession of any requisitioned pro- tion from perty in contravention of any order made under section 23 may be sum- requisi- marily evicted from the property by any officer empowered in this behalf tioned pro- by the Central Government or the State Government, as the case may be. perty.

(2) Any officer so empowered may, .after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

Penalty for contraven- tion of any order regarding requisitioning. Release from requisition.

28. If any person contr.avenea any order made under section 23 or section 25, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

29. (1) Where any 'property requisitioned under section 23 is to be released from such requisition, the Government by which or under whose authority the property was requisitioned or any person generally or specially authorised by it in this behalf may, after such inquiry, if any, as it, or he may in any case, consider necessary to make or cause to be made, specify by order in writing the person to whom possession of the property shall be given and such possession shall, as far as practicable, be given to the person who appears to the Government or, as the case may be, the person authorised as aforesaid, to be entitled to the possession of the property at the time such order is made.

(2) The delivery of possession of the property to the person specified in the order under sub-section (1) shall be a full discharge of the Gove'rn- ment from all liabilities in respect of the property, but shall not prejudice any rights in respect of the property which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is delivered.

Acquisi- 30. (1) Any immovable property which has been requisitioned under ~ ~ ~ i ~ ~ n : ~ - section 23 may, in the manner hereinafter provided, be acquired in the property. ei~cumstances and by the Government specified below, namely:- ,

(a) where any works have, during' the period of requisition, been constructed on, in or over the property wholly or partly a t the ex- pense of any Government, the property may be acquired by that Government if it decides that the value of or the right to use, such works shall, by means of the acquisition of the property, be preserved or secured for the purposes of any Government, or

(b) where the cost to any Government of restoring the property to its condition at the' time of its requisition as aforesaid would, in the determination of that Government, be excessive having regard to the

value of the groperty at that time, the property may be acquired byr that Governpent. ,

12) When any Government as aforesaid decides to acquire any immovable property, it shall serve on the owner thereof or where the owner is not readily traceable or the ownership is in &spute, by publishing in-the Official Gazette, a notice stating that the Government has decided to acquire it in pursuance of this section.

(3) Where a notice of acquisition is served on the owner of the property or is published in the Official Gazette under sub-section (2), the i~ , a t the beginning of'the day on which the notice is so served or published, 'the property shall vest in the Government free from any mortgage, pledge, lien or other similar encumbrances and the period of requisition thereof shall come to an end.

(4) Any decision or determination of a Government under sub-section (1) shall be final, and shall not be called in question in any court.

(5) For the purposes of this section, "works" includes every description of buildings, structures and improvements of the property,

31. (1) The compensation payable for the acquisition of any property Compensa- tion for under section 30 shill be the price which the requisitioned property a,,uisition

woul'd'have fetched in the open market if it had remained in the samz of requisitioned pro- condition as it was at the time of requisitioning and been sold on the date wTty.

of acquisition.

(2) Where any person interested is aggrieved by the amou17t of compensation determined in accordance with sub-section (I), he may make an application within the prescribed time to the Central Government or the State Government, as the case may be, for referring the matter to an arbitrator appointed in this behalf by the Central Govefnment or the State Government,, and the amount of corrfpensation to be paid shall be

, such as may be determined by the arbitrator in accordance with sub- kection (1).

I

(3) The provisions of section 25 and 26 shall apply in relation to the acquisition of any property or the determination bf compensation for such acquisition as they apply in relation to the requisitioning of any property or the determination of compensation for such requisitioning.

(4) Where there is, any dispute as to the title to receive the compensa- tioh or as to the apportionment of the amount of compensation, it shall , '

be referred to an arbitrator appointed in this behalf by the Central Gov- I I

ernlhent or the State Government, as the case may be, for determination, and his decision thereon shall be final.

32. (1) The Central Government or the State Government, as the case Power to may be, may, by notification in the Official Gazette, make rules for carrying out the purposes of this Chapter. rules.

(2) I n particular, and without prejudice to the generality of the foregoing powers, such rules may prescribe-

(a) the procedure to be followed in arbitration proceedings under this Chapter;

Certain properties requisitioned under previous law to be deemed to be requisitioned under this Chapter.

md 9,hkaQ + 226 bejenceloj India [ACT 42

(b) the period within which the owner of any property or any other person interested in the amount of compensation may apply' to #

the Government concerned for referring the matter to an arbitrator;

(c) the principles to be followed in apportioning the costs of pros ceedings before the arbitrator;

(d) the method of payment of compensation;

(e) the manner of service of notices and orders;

(f) any other matter which has to be, or may be, prescribed,

33. Any property referred to in sub-section (1) of section 25 of the Re- quisitioning and Acquisition of Immovable Property Act, 1952, which 30 d 1952. continued to be subject to requisition under the said Act and has not, immediately before the commencement of this Act, been released from requisitioning shall, notwithstanding anything contained in any other law for the time being in force,, be deemed .to be the property lequisitioneci under sub-section ( 1 ) of section 23, if such , property is in tihe opinion of the Central Government, now required for any of the purposes specified in that sub-section:

Provided that-

\ (a)8 all determinations, agreements or awards for the payment of compensation in respect of any such property for any period oft requisition before the commencement of this Act and in force immediately before such commencement, shall continue to be in force and shall' apply to the payment of compensation in respect of that property for any period after such commencement;

(b) anything done or deemed to have been done or any action taken or deemed to have been taken (including any orders, notifications or rules made or issued or deemed to have been made or issued) under the Requisitioning and Acquisition of Immovable Property Act, 1952, shall, in so far as it is not inconsistent with the provisions of 30dlg52. this Chapter or any rules or orders made thereunder, be deemed to i

have been done or taken under this Chapter.

Power to 34. (1) The Central Government may,, by ordex, direct that any' power d-legate. or duty which by this Act or by any rule made under this Act is con-

ferred or imposed upon the Central Govennment-shall, in such ciroums- tances and under such conditions, if any, as may be specified in the direction, be exercised or discharged also-

(a) by any officer or authority subordinate to the Central Gov- ernment, or

(b) whether or not the power or duty relates to a matter with respect to which a State Legislature Eas power to inakk! laws, by any

- State Government or by any officer or authority subordinate to such Government, or

(c) by any oth,er authority,

4 9&& & k t $ , OF 19711 Defencelof India 227

(2) The State Government may, by order, direct that any p'ower or duty which by this Act or by any rule made under this Act is conferred or imposed on the State Government or which, being by this :Act or any,such rule conferred or imposed on the central Gover,n- .:lrient, has been directed under sub-section (1) to be exercised or discharged -by, the State 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 not being (except in the case of a 'Union territory) an officer or authority subordinate to the Central Government.

(3) The Government of Assam may, by order, direct that any power or duty which by this Act or by any rule made under this Act is,c,anterred or imposed on it shall, in relation to the autonomous State of Megha&ya, ,be exercised or discharged in such circumstances and under such conditions, if any, as may be.specified in the direction by the Government of Meghalaya or by any officer or authority subordinate to that Government.

35. Every rule ' made by the Central Government under this Act Rulest0 shall be laid, as soon as may be after it is made, before each House of ket:: Parliament while it is in session for a total period of thirty days which Houses of

may be compri'sed in one session or in two successive sessions, and ment. if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall ,be without prejudice to the validity of anything previously done under that rule.

36. (1) Except as may be provided in this Act or in any rule Jurisdic- tion of made thereunder or in any order made under any such rule by the Cen- ordinary

tral Government or the State Government or by an officer not below courts. the rank of Collector empowered under sub-section (1) or sub-section (2) of section 34 to make such order, the ordinary criminal and civil 'courts shall continue to exercise jurisdiction.

(2) For the removal of doubts, it is hereby declared that any provision in any such rule or order as aforesaid to the effect that the decision of any authority not being a court shall be final or conclusive shall be a sufficient excepting provision within the meaning of sub-section (1).

37. The provisions of this Act or any rule, made thereunder or Effect of any order made under any such rule shall have effect notwithstanding f$:,nAc., anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment withother other than this Act. enactmebts.

- -- 38. Any authority or person acting in pursuance of this Act Ordinary

shall interfere with the ordinary avocations of life and the enjoyment :znr- little as may be consonant with the purpose of ensuring of life to

the public safety and interest b s d P f J - ~ d i a - a a d - o J ~ i - 1 - d e f e n e be interfere with as little as

~~. 9 &el-. 3.L @ ,475 , S s I O @ . e a f . 35.6.75) <&Gn possible. g swte4pn 3""'

f i ' x wrxon- - 4 1

. - m d 3 - 4 secwL5 228 ~e fence lo f India ' LACT 42 OF 19711

Savings 39. (1) No order made in exercise of'any power coiiferred %y+or Linder as to ,this Act shall be called in question in any court.

. . . . . . , ., , : .' ." . ;. , . . . . : . . . . . . : : i . , : ..... :., ..;:,. ,

_, : : ' : . .

, .., . : (2 ) . whrre.: .,.. .an ur&r p.urp,o,r,ls . . . . $0 hgye ,ye. beeG..:m.ade . and :signed lby any

!..a!&$!$jtyl .... ig !e.x,qcise of any.. ,power confer~ed by ,,pr ,under - , t h i s :.&t ,.a. C,ouyt shall, within .the . . . . . . . . . . . , ~ e . a n i n ~ of t h i , ~ n d i a ~ ~ * d e n c e . Act, 1872,. p ~ - of 1872, sumejthat s u h ord& was made by'that , . . ~ . 'authorit,y. . . . . : . . ,. . . , . .

Protection ,40. (1) No suit, prosecution or: other legal proceeding shall lie against of action i'n? person for 'anything which is in gdod faith done or injended to be taken underthe done in pursuance of this Act or any rules made thereunder or any Act. orders issued under any such rule.

(2) Save as otherwise expressly provided under 't& Act, ho suit or dther legal proceeding shall lie against the Government for any 'dam'age 'caused or likely to be caused by anything in good faith done' or intended to be done *in 'pursuance of this Act or any rule made thereundg or any order issued under any such' rule.

I

. ' THE INTERNATIONAL AIRPORTS AUTHORITY ACT, 197 r

ARRANGEMENT OF SECTIONS

CHAPTER I

1. Short title, commencement and application.

2. Definitions.

CHAPTER I1

3. Constitution and incorporation of the Authority.

4. Disqualification for office of member.

5. Term of office and conditions of service of members.

6. Vacation of office of member.

7. Eligibility of member for re-appointment.

8. Meetings.

9. Vacancy in the Authority not to invalidate proceedlngs.

10. Appointment of officers and other empl~yees of the Authority.

11. Authority to act on business

CHAPTER I11

PROPERTY AND CONTRACTS

12. Transfer of assets and liabilities of Central Government to the Authority.

\

13. Compulsory acquisition - - of land for the Authority.

14. Contracts by the Authority.

15. Mode of executing contracts on behalf of the Authority. 1

CHAPTER IV

FUNCTIONS OF THE AUTHORITY

16. Functions of the Authority.

CHAPTER 1'

FINANCE, ACCOUNTS AND AUDIT

17. Power of the Authority to charge fees, rent, etc.

18. Additional capital .and grants to the Authority by the Central Government. '

. . i 1 $ . . r . . . r I - . '-.I&

L

230 Atrawanen t of Sections [ACT 45 OF 19913

SECTIONS

19. Fund of the ~ u t h o r i t ~

20. ~llocatibn of surplus funds.

21. Submission of programmexof activities and financial estimates.

22. Investment of funds.

23. Borrowing powers of the Authority.

24. Accounts and audit.

CHAPTER VI

25. Submission of annual reports to Parliament.

26. Delegation.

. 27. Authentication of orders' and other instruments of - the Authority.

28. Officers and employees of the Authority to be public servants.

29. Protection of action taken under the Act,

30. Custody and disposal of lost property,

31. Provisions relating to income-tax.

32. Power of the Authority to undertake certain works.

33. Power of Central Government to temporarily divest the Autho- rity of the managemerit of any airport.

34. Power of Central Government to supersede the Authority.

35. Power of Central G-overnment to issue directions.

36. Power of Central Government to make rules.

37. Power of the Authority to make regulations.

38. Supplemenltal provisions respecting regulations.

39. Penalty for breach of certain regulations.

40. Power to remove difficulties.

41. Amendment of Act 22 of 1934.

THE INTERNATIONAL AIRPORTS AUTHORITY ACT, 1971

NO. 43 OF 1971

[8th December, 197 I ]

An Act to provide for the constitution of an authority for the management of certain aerodromes whereat international air transport services are operated or. are intended to be operated

-- and for matters connected therewith.

BE it enacted by Parliament in the Twenty-second Year ef ' %c Republic of India as Po1lowq:-

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the International Airports Authority Act, 1971. Short title,

commencm- m a t and applicn-

(2) It shall come into force on such date1 as the Central Government tion. may, by notification in the Official Gazette, appoint.

(3) It applies, in the first instance, to the aerodromes of Bombay (Santa Cruz), Calcutta (Durn Durn), Delhi (Palam) and Madras sen am- bakkam) and the Central Government may, by notification in %he Official Gazette, apply the provisions of this Act to any other aerodrome whereat international air transport services are operated or are intended to be operated and with effect from such date as may be specified in the notification. .- -

11-2-1972: vide Notification S.0, 87 (E ) , dated 1-2-1972, the Gazette of India, Extraordinary, Pt. XI, Sec. 3 (ii), p. 225.

232 International Airports Authority ACT 431

kfini- 2. In this Act, unless the context otherwise requires,- tiofis.

(a) "airport" means an aerodrome as defined in clause (2) of section 2 of the Aircraft Act, 1934 and to which this Act applies or 22 of 1934. is made applicable;

(b) "airstrip" means an area used or intended to bc used for the landing and take-off of aircrafts with short take-off and landing characteristics and includes all buildings and structures thereon or appertaining thereto;

( c ) "Authority" means the International Airports Authority of India constituted under section 3;

(d) "Chairman" means the Chairman of the Authority;

(e) "heliport" means an area, either at ground level or ele- vated on a structure, used or intended to be used for the landing and take-off of helicopters and includes an area for parking helicopters and all buildings and structures thereon or appertaining thereto;

(f) "member" means a member of the Authority and includes the Chairman but for the purposes of section 4, 5, 6 and 7 does not include the ex-oficio member referred to in clause (b ) of sub-seetion (3) of section 3;

(g) "prescribed" means prescribed by rules made under this Act; and . .

(h) "regulations" means regulations made under this Act. r

CHAPTER I1

THE INTERNATIONAL AIRPORTS AUTHORITY OF INDIA

Constitu- 3. ( 1 ) With effect from the commencement of this Act, the Central tion Government shall constitute an authority to be called the International incorporation of the Airports Authority of India. Authoai*ty.

(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property both movable and immovable, and to contract and shall by the said name sue and be sued.

. - (3) The Authority shall consist of-

<a) a Chairman to be appointed by the Central Government;

(b) the Director-General of Civil Aviation, ex-olficio;

( c ) not less than six and not more than thirteen members to be appointed by the Central Government.

(4) The Chairman shall be a whole-time member and the other' . . members referred to in ciause ( c ) of sub-section (3) may be appointed ns whole-time or part-time members as the Central Government may think fit.

< 8 . L . , ,

OF 19711 Internatio~tal Airports Authority 23 3

(5) The names of persons appointed as members shall be notified by the Central Government in the Official Gazette.

(6) During the temporary absence of the Chairman, the Central Gov- ernment may appoint another member to act as the Chairman.

Disqualifh- 4. A person shall be disqualified for being appointed as a member if cation for

he-- office of member.

(a) has been convicted and sentenced to imprisonment for an offence, which, in the opinion of the Central Government, involves moral turpitude; Qr

(b) is an undischarged insolvent; or

(c) is of unsound mind and stands so declared by a c.ompetent Court; or

(a) has been removed or dismissed from the service of the Gov- ernment or a corporation owned or controlled by the Government; or

(e) has, in the opinion of the Central Government, such financial or other interest in the Authority as is likely to affect prejudicially the discharge by him of his functions as a member.

Terrn af 5. (1) Subject to the provisions of section 6, every member shall hold office and

office for a period of three years from the date on which he assumes condit.one offlce: .. ,I , , > r t ~ P&I< 33.i.

. t b - of service of mem-

Provided that the Central Government may- bers.

( a ) terminate the appointment of any whole-time member, who is not a servant of the Government, after giving him notice for a period of not less than three months OP in lieu thereof on payment of an amount equal to his salary and allowances, if any, for a period of three months;

(h) terminate the appointment of any part-time member who is not a servant of the Government after giving him notice for such period as may be prescribed; and

(c) terminate at any time the appointment of any member who is a servant of the Government.

(2) The other conditions of service of the members shall be such as may be prescribed.

(3) Any member may resign his office by giving notice jn writing for such period as may be prescribed to the Central Government and, on such resignation being notified in the Official Gazette by that Govern- ment, such member shall be deemed to have vacated his ofl'ice,

(4) A casual vacancy 'caused by the resignation of a member under sub-section (3) or otherwise may be filled by fresh appointment and the person so appointed shall hold office for the remaining period for whioh the member in whose $ace-he is appointed would have held ofice.

234 fnternational Airports Authority [ACT $3

Vacation 6. The Central Government shall remove a member if he- of office of member. (a) becomes subject to any of the disqualifications mentioned

in section 4:

Provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (e) of that section, unless he has been given a reasonable opportunity of being heard in the matter; or

(b) refuses to act or becomes incapable of acting; or

( c ) is, without obtaining leave of absence from the Authority, absent from three consecutive meetings of the Authority; or

(d) in the opinion of the Central Government, has so abused his position as to render his continuance in office detrimental to the public interest:

Provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.

eligibility, 7. Any person ceasing to be a member shall, unless disqualified Of member. ,under section 4, be eligible for re-appointment as such. for re-appointment.

Meetings. 8. (1) The Authority shall meet at such times and places and shall specified after consultation with the Chairman in such rules, shall be at its meetings (including the quorum at meetings) as may be provided by regulations.

, (2) The Chairman, or, if for any reason he is unable to attend any '

1

I meeting, any other member chosen by the members present at the I meeting, shall preside a t the meeting.

Vacancy in the ~ u t h o r i t ~ not to invalidate proceedings.

Appoint- ment of officers and other employees 0f the Authority.

(3) All questions which come up before any meeting of the Authority shall be decided by a majority of the votes of the members present and voting, and, in the event of an equality of votes, the Chairman, or in his absence, the person presiding, shall have and exercise a second or c~s t ing vote.

9. No act or proceeding of the Authority shall be deemed to be invaiid by reason merely of any vacancy in, or any defect in the constitution of, the Authority. i I , . %:

I : . . 1

10. (i) For the purpose of enabling it efficiently to discharge its functions under this Act, the Authority shall, subject to the provisions of section 12 and to such rules as may be prescribed in this behalf, appoint (whether ont deputation or otherwise) such number of officers and other employees as it may consider necessary:

Provided that the appointment of such. category of officers as may be specified after consultation with the Chairman in such rules, shall be subject to the approval of the Central Government.

. 6~ f9'"11j, .'L ' ;* I:...;. .. c. ~! . .. .. -iriteviibti6nal A i rpor t Authohtg . . ' . . .. , 555

(2) Subject to the provisions of section 12, every officer or other employee appointed by the Authority shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations.

- ,

11. In the discharge of its functions under this Act, the Authority shall ~~~h~~~~~ act, so far as may be, on business principles. to act on

business principles.

PROPERTY AND CONTRACTS

12. (1) Save as otherwise provided in sub-section (2), as fmm such T r d e r date1 as the Central Government may appoint by notification in the of assets Official Gazette in relation to any airport,- and

liabilities (a) all properties and other assets vested in the Central Gov- ofcentral

ernment for the purposes of the airport and administered by the Govern- Director-General of Civil Aviation immediately before such day shall ment to vest in the Authority; the

Autho- ( b ) all debts, obligations and liabilities incurred, all contracts rity.

entered into and all matters and things engaged to be done by, with, or for the Central Government imme&ately before such day for or in connection with the purposes of the airport shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the Authority;

( c ) all non-recurring expenditure incurred by the Central Gov- ernment for or in connection with the purposes of the airport up to such day and declared to be capital expenditure by the Central Government shall, subject to such terms and conditions as may be determined by the Central Government, be treated as the capital provided by the Central Government to the Authority;

( d ) all sums of money due to the Central Government in relation to the airport immediately before such day shall be deemed to be due to the Authority;

* .

( e ) all suits and other legal proceedings instituted or which could have been instituted by or against ' the Central Government immediately before such day for any matter in relation to the airport may be continued or instituted by or against the Authority;

.(f) every employee holding any office under the Central Govern- ment immediately before such day solely or mainly for or in connection with such affairs of the airport as are relevant to the functions

' of the Authority under this Act shall be treated as on deputation with the Authority but shall hold his office in the Authority by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such ofice, if the Authority had not been constituted and shall continue to do so until the Central Government, either on its own motion or at the request of the Authority, recalls such employee to its service or until the Authority, with the concurrence of the Central Government, duly absorbs such employee in its regular service, whichever is earlier:

11-4-1972: vide Notification No. S.O. 16R(E), dated 24-2-1972, Gazette of India, Extraordinary, Pt. 11, Sec. 3(ii), p. 189, In relati011 to tho acro- dromes of Bombay (Santa Cruz), Calcutta (Dum Durn), Delhi (Palam and Madras (Meenambakkam) . 1

Provided that during the period of deputation of any such employee with the Authority, the Authority shall pay to the Central Government, in respect of every such employee, such contribution towards his leava salary, pension and gratuity as the Central Govern- ! ment may, by order, determine: i

I Provided further that any such employee, who has, in respect of

the proposal of the Authority to absorb him in its regular service, 1

intimated within such time as may be specified in this behalf by the i i I

Authority his intention of not becoming a regular employee of the 1 Authority, shall not be absorbed by the Authority in its regular

I

service. i (2) As from the date determined by the Central Government under

the proviso to sub-section (2) of section 16,-

(a) the equipment and appliances relating to air navigation services and the buildings used exclusively for such services immediately before such day shall vest in the Authority;

I (b) all debts, obligations and liabilities incurred, all contracts I 1

entered into and all matters and things engaged to be done by, with, or for the Central Government immediately before such day for or in connection with air navigation services shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the Authority;

( c ) all sums of money due to the Central Government for or in connection with air navigation services immediately before such day shall be deemed to be due to the Authority;

(d) all suits and other legal proceedings institu'ted or which could have been instituted by or against the Central Government immediately before such day for any matter in connection with air navigation services may be continued or instituted by or against the Authority; . . 1

(e) every employee holding any office under the Central Government immediately before such day solely or mainly for or in connection with air navigation services shall be treated as on deputation with the Authority but shall hold his office in the Authority by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office if the Authority had not been constituted and shall continue to do so until the Central Government, either on its own motion or at the request of the Authority, recalls such employee to its service or until the Authority, with the concurrence of the Central Government, duly absorbs such employee in its regular service, whichever is earlier:

Provided that during the period ,of deputation of any such employee with the Authority, the Authority shall pay to the Central I Govei:nment, in respect of every such employee, such contribution I

towards his leave salary, pension and gratuity as the Central Gov- ernment may, by order, determine:

I

OF 19711 International Airports Aufihority 237

Provided further that any such employee, who bag, in r a s~eq t of the proposal of the Authority to absorb him ,in i ts rregular s,ervice, intimated within such time as may be specified in this behalf by the Authority his intention of not becoming a regular employee of the Authority, shall not be absorbed by the Authority in its regular service.

a

(3) If any dispute or doubt arises as to which of the properties, rights or liabilities of the Central Government have been transferred to ' the ' 4

Authority or as to which of the employees seriring under the Ce&tr.al ( I -, , !

Government are to be treated as on deputation with the Authority, under *

this section, such dispute or doubt shall be decided by the Central @overnment in consultation with the Authority and the decision a c,f the Cen- tral Government thereon shall be final.

(4) Notwithstanding anything contained in the Industrial Disputes l4 Of 1947. Act, 1947 or in any other law for the time being in forqe,,the absorption

of any employee by the Authority in its regular service under this sec~i,on shall not entitlk such employee to any compensation under that Act or other law and no such claim shall be entertained by any court,'tribunal or other authority. , ,

(5) h this section and in section 16, the expression. "air navigation services", ,in relation to,any airport, means air traffic~seruices (including aeronautical and flight information services),, aerpnaytical communication and navigational aids and meteorological services at such airport.

13. Any land required by the Authority for discharging its functims Compul- under this Act shall be deemed to be needed for a public' $urpose and< such sory ac-

quisition land may be acquired for the Authority under the prov,isions of the Land ofland 1 of 1894. Acquisition Act, 1894 or of any other corresponding law foc the. time being the

in force. a e Authority.

14. Subject to the provisions of section 15, the Authbrity~shall be com- Contracts petent to enter into and perform any contract necbss8ky for 'tllk diSCfiasge of LtF:rity. its functions under this Act.

15. (I) Every contract shall, on behalf of the ~ d t h o r i t y ; bO ! 'made by Mode of I I ' . L ! I t ,

the Chairman or such other member or such officer of the Author'ity as executing may be 'generally or specially empowered in thib behsilf! lby the Authority ~~~~~~ and such contracts or class of contracts as may be apeoified in , t h e ~ e g u - the lations shall be sealed with the common seal of %he AutkloTity: ' Authority.

' Provided that no contract exceeding such valueq.or arnoant as the Central Government may, from time to time, by o'rd'er,' fix.in'this behalf shall be made unless it has been previously approved' 'by thel!Authority:

Provided further that no contract for the acqt~isitibh or s$le of im- mbvable property or for the lease of .any such property ,for, a term exceeding thirty years and no other contract excekding such value or.apn~unt as the Central Government may, from time to time, by orde,r, fix in this behalf 'shall be made unless it has been p'reviou'sly approGed by the Central Government.

(2) Subject to the provisions of sub-section (I), the form and manner in which any contract shall be made under tbi9 Act .shall be such as may be prescribed by regulations. I 1 I , ! I

I r ,

4 Law-32.

FUNCTIONS O F THE AUTHORITY . . . . : ' . > ., , . 1 , : . 1 3 . . . j ~ . i

finction -I :rt 16; ! (8.) +,ubj-ect to .:the rules, ig anyi,.made by ;ithe :Ceh..tgd GO~brhmh+t of the Cnt&hi%: behalf; i t :sha.lfl. be .the. )fundtio.n. of,? the Authority :to manage - r fh'e

. . . . . . . . . , . . . . . Authority- ;aij.-,p(grt~ teHo;i'en%ly.. : i ,.,.,. ;

('2) It shall be the duty of the Authority to provide at the airports such services and facilities as are necessary or desirable for the e q i e n t . a 8 3 1 ' operation of air transport services thereat:

:,. ~ i j

. ,.

Ptoviged :that the function df providing air navigation sef~ieki at i:.i..; ?<, ;! &;,i' , ' , . , . .". 0 :

the;8iiports, ,.I j ih$Jt illdntinue t o be d i~ch~cged b y the+;~eh'trd ~o,+eif id& :. uritil ,..I -,suifi. d.ie; as .hat . ~ o v e r ; ~ l i t may j .:E; 6xger,i :deterniih6. ,. , . , . . . : .!. 1; . . . . . . . Z ' , . , , . . 7 . ' _ , . ' ,

.. - (3) . Without prejudice to the generality of -the provisi~n~s~sontained; in sub-sections (1) and (2 ) , the Authority may- I

. . . . . . . I t Z ? ! ! : I . . : .

. ., ( b ) Zbhilaihg; 'ad' i6&hd~pi.: ;fig :.iy$ ? . ! . . . . , . . , . . ~ . ' : : r ; $ ~ , !

. . . . / . . .., .. . ? :' ' " ; . . . ,. . . . . . . ' ( c ) es;tablish and . . . maintain hotels, i-ki:aurgnt$ . . . . . . an4 , f$st-*~bms .:.:::! : ... > L !

.,: . , :<., . . .

, , . : . . ..... . ; :;. ::i;

'

+t : ir n&r the- airports; ... - . . . ' ; . . . . . . . . . . , - i ! : . ' ..,,:; . . - , . . * ! , I 2 i:.,!c,; . . . . . . .

, : . ? . . : . . i . : , , - , r !i(d)\:&trablishi wa'3ehouses ,at *he: airpo~ts for $he et0ra;g.e: r o ~ .,.pro- +-, . . . . . . . . . . cossing of goods; .~ t , i ~ ;

. . . . . . . : . . . . ; (~J-i~arq.qgpf:or ,post:ql. .money . ex,chgn,ge, . . . . . ipsurance and tele- ..:. ~

. . . . . . . . . : : I j~ , .p~mae~.fa~i l i$ i~~ S-f,9r- the e! of .rpqsi)ssengers . . . . . . . and! ,pihE:~i pefsons ~t ,Re . . . . . . airports; . . . ,. . , , . 7 , - .., . . . , ; . . :.,: .; .. ,., I l t j . . . i . . . : (f);rn.a~e, . q p ~ f ~ ~ r i a t e , . arrangements . i . : i - i for . watch , and % . . yard a_t the . . , . . ,

, . . i l ' , , * . t ., . , , , : \ .,, Fi'p.pl't5 . .' . , . . ;.,., . . . . . . . . ; . ' . . :. , . . , . . I ,& ! . &$, ;;f' -! ,.;, 2

. ? , , : ; :,: ,., . . . % , i : !..., ; ~ . . , . ~ ; . . , ~ r . s i .: , ; 4g) ; tegu1Bite'i +andiamtrol;dhe-, $pJying i oC; .:~ehieJ.es\! ,@gd .the; i e.&ry "

,. !';. ; . 1 1 -.,..and texitp-oft ipaesengeps. rand; v.ilsikor,q,:-irit the ;q<i!r,rpgrt$. .w,ia. ,.due ,~.egard ' . . . . ! j i l i to the:~pnotb@d,. fafic$itws,of .the-Gove~nment~~of-.,Jp4$a;, r . . , , ......., ;:,.;,:> j

t : !- (h]r,,)deselop . gfi& ~ ~ v i d e : ! [email protected] ,.seiviges: bin, ,!:,nd,iq. !and I .:! .i idmttad rin ,&lar.tibs, to* iplan.niag apd ! d%v,e!opv@nt .o$-,qi~po~tq 4r: ,any .. r l-1f~bili2ies ~thenea!t$ . ;. , . . . . . . : . : . . . . . ! j , , [ i . . , , I

. . . .. (i) establ;igh.,and manage heliports and. airstrips,;? ! : > , < . 6 . . . . . , * ' . , ( , t i . . ! . '

, : . , . ; : ;I jyi pprd~id@ $ucfii $rdh~popti.f &oilitieg a$ rare2 in\ t&ez api*ofl~.!'oft &e ~! i&Utwbrit'y,. fie2es$ary to the :pa.$sen&l.s tMkellin2 :by,: -sic;. ,. a ' , ; ; . . 3 ;

! I 1 ; . . , , . " J ' l i . . ,. . . ; . t ' 1 .:,.: P

(k) form one or more companies under thq: 'Cqmpanies, A E ~ 1956 or under an$ other law reliiing to cdi-npi@es $6 f@tl??er,er ' ~ h ; I of 1956.

#,!.,;j;.; - f "<: 7 . ;

efficient discharge of the functions imposed on 'it by th i~klc t ; . ~ n d ; ; , . . . . .: . , , . . . . . ; ! . : . . . ! , ; , , ; : . . . . , . !. . . ; ,< .<

. . . , . - - Q)..f ake ?ll, such ,stepsr2 as .may, b e ne+zj$ry , : : . , : ~L~,~z~ '6h ieYi? ., ,= , . : , . - I : . for, or may b e incidental 'to, the eve,fciie of anyl p o y f 5 , . ! , .; I;3. , . . , o r th$'~;&hh+~FPgb , , :,.>. ,., ,

of any function conferred or isposed on' it., by thls kct! . ., , '. , > . r , t. .! F.

. 9g . .:.$$). . . , . Ip : ,the~.dii;ch?rge ;of i t s ,fu.nctjons upder. this septiop, t@g Aqthp~ity ?' !,$aye d f ~ e gegqT-:, ., ,:. t o the .,I) > I ; :d.eoel&meiit . :!:.! . . kf 'air.t@lispptt : s p i c e ~ k d t?

tp', ' .,

the efficiency,' Gonomy and iafet$'of such servi& . : , * . . ! , . . . . . , .

. (S)r,#@bli~e .e?~t,ainpd.., i a . . . .!his section, . . , , , . : .sba{l. ; ;L. be , , c ~ n s t r w g :, ,..a . *f.,... B~.F . . I . .,. . .

+, . , rc :ds>+ . . ~ . ~ .,: ,..,: .(u$i&n@sing, '.an: iobliigat;onj.:om the ;Au&homity :to..- 1dis.harge any : : ' ~ f ~ f i & & ~ ; ; ~ ~ . , d . ~ $ p , ~ . u ~ & ~ . ; +h*& ,. se&$ion, wikh ,~espaati.~toiianytairl:pmlt.!-in :.$ L I 8 l-k&$ibG: ..t& .wh.i&; lab :nO$i:fi&tiom:h,ats inat been: imu6d cundeb! sui$.ec$,iam -

(1) of section 12; .. . . I ! ; ' , .

t q !! l l P: - iiGli)&v3ath~5i-ai~.g mq $isyeg.qd .by .the,, l$ut!#?@$y,,o$, ,irtl~~..lw; for j...3~;:thp+i4iwy b @ i w ~ ~ ~ ~ f o ~ ~ e ; ~ o r . . . ~ . . . ,. * . . . : , i : .. ,. . , . . , ~ . . ,I

, ~.--

, employees would not otherwise be subject. . .

. . . : $ : . : .

. ' , i i i . :. ' . > ? . , : $,<:,, ! , ; . ; : . . " : . . , - . . . . ' * . . : I I .. >

. . , , g , i . . : : . . ' i . . - ' ( ? ~ A P ~ E ~ > . : W : . ; 5 . . , . . . . . , . . . . . . , , I , . .

FINANCE, ACCOUNTS AND AUDIT

i..i I r L & ~ [ ~ ~ ~ ~ ~ j . A ~ ~ k ~ ~ t ; ~ + : ~ ~ ~ j , & < ,i_ . . ; : ,: <,I ,-;, : . , . . - .I. ( . . ..,, . , . , . . , . t i 1 ' ; i . .

. . Pow,@J<>~. . . ,,. . . . 1 , , . r j . , : . . of th.e!;..;

. ~ of : the . . . ~ e ~ ~ ~ $ ~ ; . : ~ ~ , ~ ? ~ i u n e n t , . . . . , . , r . z , c . . : . s ! - - ~ , . AuthP.dty . . .

. . ,:. . : ; . ; . . . . .

, . . L ! . , I to cl?a;~g9,

fees, rent, or! . p a r ~ i m g , i o 6 - ? a i ~ a ~ t ~ J ! ~ r , [for etc,

.:,r., . ..: E = , . ! ~ ,.. !:,!. anyzothen jseqvi&e !or ,:,fauilit.y; re red: . i n j ; c o n f i e a ~ ~ r : , ~ i ~ $ ~ ; hjgcjr~$t '2 I i l t i . , ' -~per.qk&i,onsj? at! &nyi, aiirpart;, .heliq.o,rtr on iai&.?i,ipm .!:;.. , : . . ..; .~, !.. : , . , ;

1 . :

! : 1 . : i . . : : ! . 3 :,: : , . : . . F,iplanation&' 'this sub-cl8use "aircraft". do& L 4 , i$~lg$e

an aircraft belonging to the Indian Defence Services and:"aircraft , sr' . , f . .s, , . , ; ,: o~p~;ati~ps";- do apt i i.yc,luq<~pe,ratj!pn?! <ofl ~ ) R Y I air'c;~~&t 1 ~ g 1 9 p ~ h g to :, , . i , : ;-$hg3 ;~aid,,-Sq~ice~;,; . , . : . . % i . r , j . , . c .~ . . : ,. . . . . . . . : . .

(b): ..f(,p +'bh'.. ' .am@fit$es :-given to! .the '.p~s.+n!g&S ' i"i.sibrs .. , at any ;a i~~)or t , . heliport qr. airstrip;, i.:.,:. 1 , . , ! .,;y*::., . r : . , ,i' ; . . . . ,

,, . , . . . . , , , , 1 . . : . < : :

::),;I?; ;!i:: : -; '; @):)i.:f?p; khh use, and; enjo$rnenB-<by! ;pe~a~~s.r:~Qrfao%~i~~~; and : ; I . . otherris&nwilie& .provided ;b.y i the,iA:u&oai,ty ah iaU@ ; ai rp~r~t , ;h~lip.prt

. . or airstrip; < . !! ; , . : , : , . . . . . . . , ; : : .< . , . ., c i : . . . .):~::;

! , : : ,$ii)~ i ~ t h ) ! d u e xegmd $0; !+he!.\ims$a~Cti~ns i.&Ixe -,.@f3ritr& ~Gov- .it . i ' anm men^ imdg- @we$ to: Auth~&i:Qq!ftym .ti&@> torjkijd.e5~ i~l@d?ge i*es ; 5 :: -ofi;.r@n&:;fdomtpenso.ns:~~hm~ aue~ giyeni (by :the1Authod&y':@@yr.;f.gcii6:tg1 :f.or

$ 1 . ~ a r r i n g f m a itaad~-,or.:busiaess )a,$- any :eirjpw.$. . . : ; . : . , .

18. The central Government may, after due appri$tiation made by Additional

i t , ;by <l%w. in ..,this. -behdf ,-! , . ., ,, +,. capital

, . . . a-d~ i , :

1 ;:'. ' L' ( @ i ! .Pro&& any . capWA1, .over;... afid:.. :abdve. the ioapi$gl: ; ! ; p ~ d d e d g&r&!i it0 5 . : >:: , I ,' . . :

:'$l;ltih& (c): lafL .sub-gmkiol;i: $ I ) . : ;o$! sectioni :1&. $mfr ima,yi.fr)s.,ifeqL~r- the ,.. ? *Ptubh~ity i

ed. by the Authority for the discharge of its functions under i thisll Act 1 bp.fhe.1.;.

or for any purpose connected therewith on such terms and conditions_aentaah;. j ;jg,+:; "91 thht ,dbGerhhefit> :riiay determine;..: . . . . . . ' Governc; I

i t ; . . . ' . . . . , ' . . . . :> ;; 5 . t : . . I , , ' , i , . , :r<.. . ; . - . - mat3 :;. . .. i . .. . . . . ,

( b ) pay to the! : P;dtht;r?tS;,\f, on! hu& +,earng &n&.uppdi.tins. as- . the Central Fovernment may determine, by way of loans or g,rants such

. , sdq,s. o.f t rpdng. , , as , ~J+L+~. , . ~ d ~ ~ r d * ~ n t - . <filay; c:6n&dei~ nehs..sry $J& the ' Y " h . ! . b f ~ ~ { ~ h ~ ! dizihag6J:by! ;iliet :ddth*iity. kf ;its f ~ n ~ t i o n ~ l u a ~ ~ r ,3&ig , ! i ' A,.,.,.

: I . .

7 ; ~ 7

Fund of 19. '(1) The Authorit9 shall ha"e its own fund and all receipts df the the Authority shall be crhdited thereto and all payments of the ~uthor.it$ Authority. , 4 , ; . shall be made therefrom.

( 2 ) The kGthority shall have subject to the provisio~s of this Act, to spend such sums as it thinks fit to cover *all administrative expens,es~of, the Authority and on objects or for purposes authorised by this,Act and such sums shall be treated as expenditure out of the fund of the Authority. ,

' a (3)' '~1l'mOneys standing at the credit of the Authority which cannot immediately be applied as provided in sub-section (2) shall be deposited in the State Bank of India or in such scheduled bank or banks and subject to such conditions as may from time to time be specified by the d&tral Gover'nment.

Explanation.-In this sub-section "scheduled bank" has the same meaning as in clause (e) of section 2 of the Reserve Bank of India Act, 2of 1034 1834.

Allad&., -4 20. (1) The Authority may, from time to time, set apart such amounts tion of ! ( I it thinks fit as a reservq fund or funds for the purpose of expanding surplus , 'exi:ti'ng iscilities or services or cretating new facilities or services at any fo:ds' ' "' airport or for the purpose of providing against any temporary decrease of

,,_, >ravenue1'or increase of expenditure from transient causes or for purposes 'bf lneplacement or for meeting expenditure arising from loss or damage from fire, cyclone, air-crash or other accident or for meeting any liability a;ising out of any act or omission in the discharge of its functions under

3 1 ,

this Act:

' ' 'Provided t3at Mtkiout' prejudice to the right of the Authority to establish specific reserves for one or more specific purposes, the Authority shall ,alsp have the power to establish a general reserve:

Provided further that the sums set apart annually in respect of each l~or any bf the specific and general reserves and the aggregate at any time J of , s h h sums shall not exceed such limits as may, from time to time, be fixed in that behalf by the Central Government.

(2) Arfter making provision for such reserve .fund or funds and for ba'd8'and dnu$btful debts, depreciation; in assets and all other matters vLhich are usually provided for by companies registered and incorporated under the Companies Act, 19'56, the Authority shall pay the bal- 1 Q ~ N W

a , , i ,. ,8anqq of its annual net profits to the Central Government. 1 1, :,

Submbz': 21. ( I ) The Authority shall, before the commencement of each finan- siantof-11. '::dial yqar, pFepare a statement of the programme of its activities during pro- " ' . :the forkhcoming financial year as well as a financial estimate in respect .gramfihe'af, theresf. activitia arldfinan-' ' ' ' cia1 es.tri2 (2) The statement prepared under sub-section (1) shall, not less than mat&. three months before the commencement of each financial year, be sub-

~imitted. for apprdval to the Central Government. I!

($3 The stqFement and tbe fjnancial estimates of the Authority may, ' - +,,with .the approval of, the Central Government, be revised by the Autho- rity.

22, Th2 Authority may invest its funds (including any reserve fund) Invest- in the securities of the Central Government or in such other manner as m e n t ~ ! may be prescribed. funds.

5 8 3

23. (I) The Authority may, with the consent of the Central Govern- ,Borrow- ( ing powers ment or in accordance with the terms of any general or special autho- of the

rity given to it by the Central Government, borrow money from any ~ ~ ~ h ~ ~ ~ ~ ~ , source by the issue of bonds, debentures or such dther instruhents as it may deem fit for discharging all or any of its functions under this Act. . r ,

(2) The Central Government may guarantee in such manner as i t ,

thinks fit the repayment of the principal and the payment of interest thereon with respect to the loans borrowed by the Authority under sob- section (1 ) .

- (3) Subject to such- limrts as the Central Government may, from time to time, lay down, the Authority may borrow temporarily by way of overdraft or otherwise such amounts as it,may require for discharging its functions under this Act. ,

, I .

24. ( 1 ) The Authority shall maintain proper accounts and other re- Accounts leyant records and prepare an annual statement of accounts including and awdit..r the profit and loss account and the balance-sheet in such form as may be prescribed by the Central Government in consultation with the Comp- troller and Audibor-General of India.

' (2) The accounts of the Authority shall be audited annually by the

Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General of India.

I S

(3) The Comptroller and Auditor-Geheral of India and any pergon + ' / appointed by him in connection with the audit of the accounts of the Authority shall have the same rights, and privileges and authority in connection with such audit as the Comptroller and Auditor-General has

;.I , L in connection with the audit of Governmeqt accounts and, in particular, ?'hall have the right to demand the ,production' of books, accounts, connected vouchers, docum&nts and pape,rs and inspect any of the ofices of the Authority.

I - 1

(4) The accounts of the Authority as: certified by the Comptroller and Auditor-General of India or any otherrcperson appointed by him in I

this behalf together with the' audit report thereon shall be forwarded *

annually to the Central Government and that. Government shall cause the same to be laid before both Houses of Parliament.

MISCELLANEO~S '

25. (1) The Authority shall, as sooh as may be after the end of each Submh- sion 0% ,financial year, prepare and submit to the Central Government

in such annual , form as may be prescribed a report giving an account of its activities reportst6 during that financial year and the report shall also give an account of Parliw the activities which are likely to be undertaken by the Authority during ment. the next financial year. , j - -,. 1

. . . . . . ! : . . 42.3. The; .Ce.ptral. Govezment. shall cause: such reppxt . to , be.i $ai&$be- - i hrei both:,Hozws~s ~ f : .l?arliamenL .as. sooa, as .may be,. after it is; ssukgnit$pd;,

,.; . , '

. . 2 . . ,

Delega- 26. The Authority may, by general or. special order i n writihg, dele: tion.,, . .gate to the Chqirman or any other, member or to any officer:,of the Au-

8 ; ' . . ;!i. ,.;: . . . j .: i . : thbeity, subject to such conditions and limitatiofis, Tf any, ' ~ a y , : . be

,:!: ' ; in t h e order, such of its powers and fun'~,&fis"iinder this,'&f . . . . . . . . . . ; . , : I " ' (except' the . . . powers under section '37) as it may deem necessary., . - I

. . . . .

' : : . l i : r , . '

Authenti- '27. All orders and. decisions .of the Authdrity shala. be: authenticajed cation of orders and

by the signature; of the Chairman . or. any other member .. authpriseq by

other ins- the, A,uthority: in this behalf and allother instrwnenjs.;execy$ed by. . i , the , ( ..! truments &uthority!, shall be authenticated by. .the signature of an officer . . . . . . . !of . . . t h e . , .

of the Authority authorised by the Authority -in this behalf. . . . Authority.

Offlcers f ' -28. All 'an& employees df. :the. Authority shall, wh&$ ;acting or and em- $h$o?ting to. act in pursuance -of the p,rovisions of this Act:) br of :&fiy' ployees of rilyG. r&gu;l&i~f, 'mad& ,. theeeii.nder, b e .deemed t o be publtc servants

within the meaning of section 21 of the Indian-Penal Code; rity to be ' : 45 of 1860.

pu blk. senvants.

Protection of action taken under the Act.

Custody and disposal of lost property.

. 29. No suit, pros@ution OF otheqlegal prockeding shall lie against ~ ~ t h ~ ~ i t ~ , . d r , . a n y h6rnbe.r or any 'office? or o t h e ~ einphyee . . of 'the A U - thdiiiy fbe whichi[; if, good' faith done or$ni~nded to H k : dofie

. . . in pirsuance of this Act or of any rule' br regulation 'made'thet&indei- ok fog any damage sustained. by . . . .any :?iscraft , vehicle. ,in consequence of qny:.: derfiect. in any of the air.por;ts or other things. belongi.ng: . . . to:. or . ,' ?rider . . . . . thi,,c~ntr,ol, sf the Authority. '. . ! : , . ) . .

30. Subject to such .:regulations as, the Authocity may, m&e iq, i$hif

behalf, the Authority shall provide for securing the safe 'custody and - .

restbration of- any property: ivMch, while not in proper custody, .is :.found on: ahy .p?ernises belonghgto the ;Authority .or under its overall;cont$r~l or in: .anym i aif+paft :on an$ su'c.h. premi~es; , . . . . . 3 t ! . :..

. . i::. '

Provisions ' ' 31. Fbr the. purposes of the Income-tax A,ct, 1961. or any otfi6r 'enact- 43 of 1961, ; . : . :.:.

relating .ingst .for' . , the . t imi beink .in f&ce relating to income-tax '&r $fi+ bt:h&?';t$i; to income- dfi in.col;ne or gains,,.th&;A*thbiity shafi : . B ~ : d e,e, ~ e d . tb :. . , tax. pah$ within the 'of the ~ l ; c ~ ~ ~ - t ~ ~ ~ ~ t , .dnd shaiy 'be 11~;mb

',;rp%, >,.;; to tax accordingly on its income, profits a,nd gains.

Power of the Authority to undertake certain works Power of CentTal

Govern- ment to tempro-

i . : 3% The Authority may ,uade~take. .to.: carry out o n . . ,behalfr.;:of t. ;any Fiensnn any woqks. Dr, s.erviam ..or ,any class r ~ f ; . ~ ~ . wor$s .,gq ' aeq- vices .on such tecms and-!conditions as: may be ;agseed: up,on b ~ t q a e n the . . . . .

Authority and the person: ;conoern&d. . . , : . . { . . . . . . . . . . . . . . . : : : . ( . ! . . . . . . . . , . . < ., i . . . . . : . .

33. (1) If at any time the. CqQralb Government is. of opinion that in the public interest it is nece~sar~dr 'exp~dient so to do, it may, by order, direct the Authority to ent ru~&:~ :.the management of any airpc\rt ~vi th effect from, such date and to such person as may be specified in the order . .

, 1 . . ,and the, Authority, shall: be bou,n4: to comply with such. . . . dir.ectio~. r . : . . j

. . . . . . dives'@, :.I?>> i I

the i . : : Provided that before an ordei . , , . . is madeunder this sub-section'ke Au- . - I

A.mthor4txc :ihgrify shall be given a re,isodabl& opljbrtunft3 . of;: being -heard ih! the i . . . : , . . . . . . I

of the&? : . . . : . . ; ' . . . : . . .

i mafidge?i! matt~r.. ; . , ' : :... ,i. t , : . . , . . . . : :;:.. . .

: , i : : , , : *

ment of any

(2) Where the management of any airport is ,entrusted- t w a ~ y : person 1 specified under sub-soction (1) (hereafter in this section referred to as I

A ~ T L~ 97h] Pnterna'tionl Airports A%$Nority 543

Bh& a'bthorised person), the Authority shall 'cease to exercise and discharge all its powers and functions under this Act in relation to such ai~poyt &and such powers and functions shall be exercised and discharg~ql b,y thg,.authorised pepon in accordance with the instructions, if say, which the Central Government may give to the authprised person frpm time to time:

Plc6vided thah no such power or function as may be specified by the \ Cem~kkall Government by a general or special order shall be exercised or

discharged ,by the authorised person except with the previous sanction of the Central Government.

$3) A n order made, under sub-section (1) shall, unless rescinded\, be in operation for a period of six months from the date on which !the management of the airport is entrusted to the authorised person:

Provided that the Central Government may estend such period for a further period or periods not exceeding eighteen months.

.: j ! ;(4) During the: opc?a.tiom of an .order made under sub-section (I) , it ,sEaJ!1 Be ..oornpetent, for the,Central Goyernment t o issue, from t i m e to .time,.. such ,~dir;ec$ions to the. Autbori%y as are necessary to enable the authorised person to exercise the powers .and discharge the functions of $he :. . ... , A~thor i ty . ,*. .~ under this Act in relation to the airport, the management > . . ?f 'Glji&$ '&'s.'boen .entrusted t o Hfm .and'in p:articulai- to 'tra'nsfer any sum 'sf m62e$.ffom th6 yu.nd;of the ~ ~ t f i ~ d t ~ io th&.afijch,jr.&ed persh fbr the

management of the airport and every 'such direction. &all b2 .cohllLplied .&i$h.j ;bp $hie .Aatbpity-. . . . . . . ,

(5) On the cesser of operation of any order made under sub-section ' (13 in relabion td any airport, Zhera~th~rr ised gerson :shall cease to exercise and p ~ f o r m the 8 p o ~ e ~ s band funct3ons of. the Auaori ty under this ,Act in, relation to such airport and the Authority shall continue to exercise anq* perform such powers and functions in accordance with provisions o,f this Act.

.:;; (6.) .QJI the .cesser of operation of any, order made , under , . : , sub.-section ,XI-): ini;rel?iiq', tq any' a&poSt, tq- 'iuthbrised persbn shall hand @ei to ;.., . . , . . . < . , : . .. , . f l ~ e Aut~oxity,. aoy psope,rty '(jinc:)iding any sum of money or other' . assit j . i i ; ;

remaining with him in bonnectioh k i t h the rhanageirierit of suchairpqrt. . . .

(7) Anything done or any action taken lawfully by the authorised ' > , ,

peqson in relation to any airport during the period of operatiori of an o r d e ~ ~ m a d e under ~ub-section (I) shall be dearned to have been don; or taken by the Authority and shall be binding on the Authority.

' 34. (1) If, at any time, the Central Government is of opinion- Power , f of Genr6 *

>,?(a) that on account of a grave emergencyb the Authori4y, is ,un- tralrr&3a

.; . , .be discharge t he .f.~~nc&ions and duties imposed on it b y or T under ei'gr$c$t' the provisio,ns of this Act; or- . . t o :$)$p -

sede. the : (b) that the Authority has .persistently made default in coin- Autlr0~i.k~.

blyi.ng with direction issued by the 'central ' ~ o v e r n m d ' ubder '

this Act or in ' the discharge of the fuiiktion-i and duties imposkdi'bn j t by or under the provisions of this Act and as a result of '+xi&

. , .default the finamcia1 position of the Authority or the .admini%trption of any airport has deteriorated; or

244 International Airports Authoritg ,[ACT 43

(c) that circumstaslces exist which render it necessary in the public interest so to do,

%he Central Government may, by notification in the Official Gazette supersede the Authority for such period, not exceeding six months, as may be specified in the notification:

Provided that before issuing a notification under this sub-section for \ +he reasons mentioned in clausd (b) , the Central Government shall give

a reasonable opportunity to the Authority to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Authority.

(2) upon the publication of a notification under sub-section (I) super- seding the Authority,-

(a ) all the members shall, as from the date of sfrpersession, vacate their offices as such;

(b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf 'of the Authority, shall, until the Authority is re-constituted under sub-section ( 3 ) , be exercised and discharged by such person or persons as the Central Government may direct;

(c) all property owned or controlled by the Authority shall, until the Authority is re-constituted under sub-section ( 3 ) , vest in the .Central Government.

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (I), the Central Government may-

I /

(a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or

' (b) re-constitute the Authority by fresh appointment and in suck case any persons who vacated their offices under clause (a) of sub- section (2) shall not be deemed disqualified for appointment:

Provided that the Central Government may, a t any time before the expiration of the period of supersession, whether as originally specifie'd under sub-section (I) or as extended under this sub-section, take action under clause (b) of this sub-section.

(4 ; The Central Government shall cause a notification issued under sub-section (I) and a full report of any action taken under this section and the circumstances leading to such action to be laid before both Houses of Parliament a t the earliest opportunity.

C S

Po%& 'I 35. ( 1 ) Without prejudice to the foregoing provisions of this Act, the 05 Ceri-l -!&utkiority shall, in the discharge of its functions and duties under this tral .Goy- erpqeht Act, be bound by such directions on questions of policy as the Central

i$sue Government may give in writing to it from time to time: '

directions.'

' Provided that the Authority shall, as far as practicable, be given oppor- t u h y to express its views before any direction is given under this sub- section. ,-

i '(2) The decision of the Central Government whether a question is .

one of policy or not shall be final. I

1 v- -d

I 6

.--

t

OF 19711 * International Airports Author,ity 245

36. (1) The Central Government may, by notification in the Official Power Gazette, make rules for carrying out the purposes of this Act. of Cen-

tral Gov- ernment

(2) In particular and without prejudice to the generality of the fore- to make

going power, such rules may provide for- rules.

(a) the conditions of service of the Chairman and other members under section 5 including the salaries payable to the Chairman and to the members who are required to render whole-time service and the fees and allowances payable to the members who are required to render part-time service;

( b ) the period of notice required to terminate the appointment. of any member, who is required to render part-time service and who is not a servant of the Government, under section 5, and the period of notice that may be given to the Central Government by a member

1 before he resigns his office, under that section;

(c) the conditions and limitations subject to which the Authority may appoint officers and other employees under sub-section (1) of section 10;

(d) the terms and conditions subject to which the non-recurring expenditure incurred by the Central Government for or in connection with the purposes of any airport shall be treated as the capital provided by the Central Government to the Authority under clause (c) of sub-section (1) of section 12;

(e) the manner in which the Authority msy invest its funds under section 22;

(f) the form in which the Authority shall prepare the annual statement of accounts including the profit and loss account and the hlance-sheet under section 24; and

( r c ) any other matter which is to be or may be prescribed.

(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

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 ally such modification or annulment shall be without prejudice to t ' n ~ validity of anything previously done under that rule.

37. (1) The Authority may make regulations not inconsistent v i th Power this ,4ct and the rules made thereunder to provide for all matters for Of the which provision is necessary or expedient for the purpose of giving effect Authority

to make to the provisions of this Act. regula-

(2) Without prejudice to the generality of the foregoing power, such tions.

~.egulations may provide for-

ir,) the times and places of the meetings of the ~ u t h o r i t v a12d the procedure to bc followcd for the transaction of busines~ at such meetings under sub-section (I) of section 8;

I ( b ) the conditions of service and the remuneration of officers and other employees appointed by the Authority;

(c) the contracts or class of contracts whicl~ are to be sealed with the coinmon seal of the Authority and the form and mann'es in which a contract may be made by the Authority;

( d ) the storage or processing of -goods in any warehouse established by the Authority under clause ( d ) of sub-seation (3) of section 16 and the charging of fees for such storage or pracessipg;

(e) the custody and restoration of lost property and the terms and conditions under which lost property may be restored to the person entitled thereto, under section 30;

(f) the disposal of any lost property in cases where such property is not restored under section 30;

(g) securing the safety of aircraft, vehicles, and persons using the airport and preventing danger to the public arising from the use and operation of aircraft in the airport;

(h) preventing obstruction within the airport for its normal functioning;

(i) prohibiting l~he parking or waiting of any vehicle or carriage within the .airport except a t places specified by the Authority;

(j) prohibiting or restricting access to any part of the airport; -

(k) presercfig order within the airport and preven'ting damage to property therein;

el) regulating or restricting 8dvertTsing within the airport; -I (m) requiring any person, if so directed by an officer appointed I by ,the Authority in this behalf, to leave the airport or any particular

part of the airport; and

(a) generally for the. efficient and proper management of the airport. /. I - 1

28. (1) Any regulation which may be made by the Authority un&er supple- : mental this Act may be made by the Central Government by notification in provi- the Official Gazette within one year of the constitution of the Authority sions res- pccting and any regulation so made may be altered *or rescinded by the Autho- regula- rity by nleans of a regulation made hy it under this Act. 4

tions. (2) No regulation made by the Authority under this Act shall have

effect until it has been approved by the Central Government aqd pub: lished in the Official Gazette.

' Penalty 39. Any regulation tnade under any of the clauses (g) to (TQ) (infor clusive) of sub-section ( 2 ) of section 37 may provide that a contraven- breach tion thereof shall be punishable with fine which may extend to five of certain hundred rupees and in the case of a continuing contravention with an regulations. additional fine which may extend to twenty rupees for every day during

wMch such contravention continues after conviction for the first suc l~ contravention. i

h

40. (1) If any difficulty arises in giving effect to the provisions of Powei. this Act, the Central Govern&&nt may, by general or special order pub- Eoz- lished in the Official Gazette, make such provisions not inconsistent with difficulz the provisions of this Act as appear to -it to be necessary or expedient ties. for the removal of the difficulty:

Provided that no such order shall be made after the expiration df one year from the commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, As saon as may be after i t is made, before each House of Psrliarkient wHile it is in session' for a tdtal p e r i ~ d of thirty days which may be soppk.ised in one session or in two successive sessigns 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 order or both Houses agree that the order should not be made, the order shall thereafter have effedt only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

41. In sub-section (2) of section 5 of the Aircraft Act, 1934, for clause Amend- ( b ) , the following clause shall be substituted, namely:- ment of

Act 22 of 1954.

" ( b ) the licensing, inspection and regulation of aerodromes, the conditions under which aerodromes may be maintained, the prohibi- kjqn or reguhtion of the u,Se o i wlicensed aqrgdmmes and thp fees whj,qh ,mag be clqarge$ at ,those aerodrqpes to yhicb the Inter- national Airports Authority Act, 1971 does not apply ,or is not made applicable:

Pmviqed that until $he dqte de&er~ iped by the Central Govern- ment under the proviso to sub-section (2) of section 16 of the In$er- national Airports Authority Act, 1971 any rule made under this clause may provide for the charging of fees for providing air traffic ae.r,seiws (i~eluding aerQnaatical and flight i p f ~ r m a t i ~ p services). aeronautical communication and navigational aids 'a$, ~etpp~olog,ic.$I services a t any aerodrome to which the said Act ?malies or is made ayp1jcable;l'.

I

Short title and commence- ment.

Amend- ment of Act 2 of 1899.

Instru- ments chargeable with additional duty.

THE STAMP AND EXCISE DUTIES AMEND MI IN'^ ) ACT, 1971

No. 44 OF 1971

. - - [8th December, 19711

An Act further to amend Indian Stamp Act, 1899, the Centrgl Excises and Salt and the Union Duties of Excise (Distribution) Act,

BE it enacted by Parliame in the Twenty-second Year of the Republic of India as fo!lows:- t

f

3 . (1) This Act may be c lled the Stamp and Exeise Duties (Amend- ment) Act, 1971.

(2) I t shall be deemed have come into force on the 15th day of

November, 1971.

2. In the Indian Stamp , 1899, after section 3, the following section shall be inserted, namely:

'3A. (I) Every ins ent chargeable with duty under section 3 read with Article No. 14, 27, 37, 47, 49, 52, 53 or 62(a) of Schedule I shall, in ad to such duty, be chargeable with a duty of ten paise.

(2) The additiona with which any instrument is chargeable under sub-section ( I ) be paid and such payment shall be indicated on such instru means of adhesive stamps bearing the inscription "refugee ether with or without any other design, picture or inscription.

,

~ A C Y 44 OF 19 71 j Stamp and ~ x c d e ~ u t i e s (~mendment) 249

(3) Except as otherwise p ded in sub-section (Z), the provisions of this Act shall, so far a y be, apply in relation to the additional duties chargeable under ection (13 in respect of the instruments referred to there~n as apply in relation to the duties chargeable under section 3 i ect of those instruments.'.

3. In the First Schedule to the C ral Excises and Salt Act, 1944, after Amend- Item No. 60, the following Item s be inserted, namely: - ment of

Act 1 of 1944.

'61 NEWSPAPERS AND ALL PRINTED PERIODICALS g 2 paise per copy.'.

Explanation.-For the purpose of this Item, "newspaper" means ny print- \ ed periodical work contain~ng news

r or comments on news. i I

4. In the Union Duties of Excise (bistribution) Act, 1962, in section 2, after the words and figures "duties o excise levied and collected under mentof f the Central Excises and Salt Act, 194 , the brackets, words and figures " (other than duties of excise levied an collected under that Act on news- f' papers and all other printed periodical$ falling under Item No. 61 of the First Schedule to that Act)" shall be ibserted.

16 of 1971, 5 . (1) The Stamp and Excise Duti (Amendment) Ordinance, 1971, Repeal

is hereby repealed. i and "k saving.

(2) Notwithstanding such repeal;sdything 'done or any action taken 2 of 1899. under the Indian Stamp Act, 1899, Central Excises and Salt Act, 1 of 1944. 1944, or the Union Duties of Excise Act, 1962, as amended 3 of 1962. by the said Ordinance, shall be deemed to'have been done or taken dnder

the corresponding provisions of the 1ndlan Stamp Act, 1899, t ~ e Central Excises and Salt Act, 1944, or, as the c se may be, the Union Duties of Excise (Distribution) Act, 1962, as am ded by this Act. C

THE INDUSTRIAL DIsPWES (MENDM,ENT) ACT, 1971

[88h December, 1971 1

An Act further to amend he Industrial Digpgt(?s Act, 1947. I BE ,it, enagted hy FarJiamen4 , the Twenty- second^ Year af the

Republic ,ob h d i a .as follows : -

Short title Ir (J), :$hi5 .&ct may, bp, cal the Indllstrial Di~puies (Wendment) and AcA, 1~974. mencement. 4

(2). It shall , c o r n into,,forc s g h date -as ,the Central qoverqment I

may, by notification in the 0 Gazette, appoint. i !

Amend- 2. In section 2 of the Ind rial Disputes Act, 1947 (hereinafter 14 of 1947. ment of dection 2. referred to as the principal

(a) in sub-clause ause (a), for the words and figures .. 'the Employees' State Corporation established under section 3 of the Employees' Insurance Act, 1948, or the "Indian 34 of 1-948. Airlines" and "Air-In rations established under section 3 of the Air Corporatio , or', the words and figures 'the In- 27 of 1953.

dustrial Finance Cor ndia established under sectioil 3 of r

the Industrial Finance ration Act, 1948, or the Employees' 15 of 1948. State Insurance Corpo established under section 3 of the

i Employees' State In 1948, or the "Indian Airlines" and 3 4 of 1948. "Air-India" Corpora ed under section 3 of the Air Corporations Act, 1 fe Insurance Corporation of India 27 of 1953.

i established under s Life Insurance Corporation Act, 31 of 1956.

1956, or' shall be s

[ACT 45 OF 19911 Industrial Dispufie;~ (Amendment) 251

(b.) after clause (g), the ing clause shall be inserted, namely: -

' ( g g ) "executive", in re1 ion to a trade union, meqns the body, by whatever name ca led, to which the management of the affairs of the trade unio is entrusted;';

( c ) after clause (It), the fol wing clause shall .be inserted, namely : - 1

'(111) "office bearer", in lation to a tmde union, includes any member of the execut thereof, but does not include an auditor;';

(d) in clause (n), after sub lause (i), the following sub-clause 'shall be inserted, namely: -

<< ( ia) any service >in, or connection with the wo~king of, any major port or dock;".

3. After section 11 of the principal ct, fhe f~llowing section shall be Insertion of new inserted, namely: - section 1 lA,

"11A. Where an industrial relating to the discharge or Powers dismissal of a workman has be red to a Labour Court, Tribu- ~o~~~ nal or National Tribunal for a tion and, in the course of the !I'ribunals adjudication proceedings, the Court, p i b u n a l or National r2ional Tribunal, as the case may be, d that the order of discharge Tribunals or dismissal was not justified, i its award, set adide the order &$$e of discharge or dismissal and instatement of the u,orkman ~ r i a t e om suah terms and conditions, if as it thinks .fit, or give such ~~~f~~

other relief to the woxkman imlu he ,award of, any lesser ,punish- discharge ment in lieu of discharge or as the cixcumstan~es of the %is:.$-of case may require : workmen.

$rpvided that in any proceeding der this section the Labour Court, Tribunal or National Tribunal, 'the case may be, s.hal1' rely only on the materials on record and s not take any fresh evidince in relation to the matter.".

4. In section 25FFF of the principal Act, Amend- ment of section

(a) ill sub-section ( I ) , for the1 Explanation, the follow- 25FFF.

ing E~.plo;nation shall be

"Explanation.-An undertaking is closed do-,vn by reason merely of-

(i) financial difficulties (inclu ing financial losses) ; or b (ii) accumulation of undispos of stocks; or + (iii) the expiry of thc periodkof the lease or licence

granied to it; or

(iv) in a case where the und rtaking is engaged in mining operations, exhaustion of t e minerals in the area in which such operations are carried C n:

J

252 ldustrial Disputes (Ame~zdmetzt) ACT 45 O P I ~ ~ I ]

shall not be deemed to be clos down ~n account of unavoidable circumstances beyond the co 01 of the employer within the meaning of the proviso to thi

( h ) after sub-section ( l ) , the x ollowing sub-sections shall be inserted, namely: - 1

4 "(1A) Notwithstanding adything contained in sub-section

(I), where an undertaking endaged in mining operations is closed down by reason merely of ex$austion of the minerals in the area in which such operations arekarried on, no workman referred to in that sub-section shall be bntitled to any notice or cpmpensa- tion in accordance with the :provisions of section 25F, if-

< (a) the employer prbvides the workman with. xlternative

employment with effectdfrorn the date of closure at the same remuneration as he wa" entitled to receive, and on the same ! terms and conditions oT service as were applicable to him, immediately before the' closure;

i \

' (b) the service of $he workman has not been interrupted by such alternative e1-6~lo~rnent; and I

P

(c) the employer is, under the terms of such alternative employment or other$vise, legally liable to pay to the work- nian, in the event of p i s retrenchment, compensatiun on the hasis that his service, has been continuous and has not been interrupted by such ilternative employment. ,

(1B) For thet purpajses of s.ub-sections ( I ) and (1A) , the '

ekprcssions "minerals" and "mining operations" shall have the mean'ngs respectively a ~ i g n e d to them in clauses (a) and (d) of sectirn 3 of the Mines $and Minerals (Regulation and Develop- ment) Act, 1957.". . 67 of 1957

1

Amend- 5. I n the Explanation to ,subeection (3) of section 33 of the principal merit section of 33. Act, for the words "an officer", [he words "a member of the executive or

other office bearer" shall be s


6. In sub-section (1) of se n 36 of the principal Act, for the words "an officer", wherever they o the words "any member of the executive or other office bearer" shall

Amend- 7. In the first Schedule t Act, item 18 shall be omitted, ment of First Schedule.

[THE RAILWAY PASSENGER FARES ACT, 1971 - --

[gth December, 197 I ]

An A C ~ t o provide for the levy of a tax on railway fares. I

BE it en4cted by Parliament in the Twenty-second Year of the I

Republic of Iqdia as follows:- I \

1. ( I ) This \Act may be called the Railway Passenger Fares Act, 1971. Short title i and

I (2) I t shall \be deemed to have come !into force on the 22nd day ofcornmen. I October, 1971. \ cement.

2. In this A& unless the context otherwise requires,- Defhi- I i tions.

gr (a) ''far;;' means the total m o u n t of all charges of whatever

nature payable by a passenger or group of passengers in respect of his or their cayriage, and includes-

\

(i) ha\lage charges for supply of carriages of particular types; 1

I (ii) edpty haulage charges on tourist cars and saloons;

(iii) charges for pilot engines; and I

(iv) charges for dining cars attached to special trains, i

but does not 'include-

(i) the t i x payable under this Act; \

(ii) terminal taxes, pilgrim taxes and tolls on bridges;

254 Railway Passenger Fares [ACT 46

(iiiq reservation charges (including reservation charges for sleeping: accommoda~ion); and

I

i (iv) ;hire, detention and stabling charges in respect of passenges, traffic booked in reserved carriages and special trains;

\

(b) "passenger" means any person travelling on a railway in any description or class of train or carriage on payment of his fare. whether at ful1,rates or at concessional rates;

(c) "railwa~" and "railway administration" have tlie meanings respectively assikned to them in the Indian Railways Act, 1890. 9 of 1898

Levy of 3. (1) Subject to t-he provisions of this Act, there shall be levied and tax-0n collected on fares paia by passengers carried by any railway in India, Passenger fares. whether by itself or fp conjunction wit-h any other mo,de of transport

or in conjunction withii any railways in any adjacent country, a tax at the rate specified in th+t behalf in the Schedule:

, Provided that no t ax shall be levied under'this sub-section on fares paid by passengers for journeys commencing on or before the 14th day of November, 1971. I

(2) The tax levied under sub-section (1) shall be collected by the railway administration as an addition to the fares and the railway administration shall have gll the powers and remedies for the recovery thereof as though the same, were rate or fare which the railway administration is empowered to;levy under the Indian Railways Act, 1890. 9 vf 1890.

Rules for computing tax on passenger fares.

Power to exempt.

4. 1n computing the tax bayable under this Act, the following rules shall apply, narr,r.lj::--

Rule 1.-The tax leviable shall, wherever necessary, be rounded off to the nearest multiple of five paise, two and one-half paise and over being counted as five paise and less than two and one-half paise being disregarded.

Rule 2.-In the case oijrcturn tickets, the tax shall be computed separately with reference to each of the journeys covered by the return ticket as if the said journeys had been ,performed on separate tickets.

i I

Rule 3.-In the case of: tickets issued from or to out-agencies or city booking offices, the tax shall be leviable only in respect of tine fare attributable to the actual journey by railway.

>

5. l&Th~rc the Ccntrsl Goverqment is of 'opinioh that it is necessary or expedient' in the public interest so to do, it mag, by notification in the Official Gazette, exempt, either id whole or in part, and either absolutely or subject to such conditions as !it may specify in the notification, any passengers or class of passengers from the tax leviable under this Act.

&ailway Passenger Pares 55.5

uring each financial yeqr ending up or after the 31st day of Distribu- 1972, there shall be paid to each State (not being a Union terri- gzz&

tory) skch sum of money as bears to the met proceeds of the tax collect- of tax.

ed und+ this Act during. that year in all the territories of India the same pr portion as the aggregate of the fares collected in that State \ during t at year bears to the aggregate of the fares collected in all the 1 territories. of India dui-ing that year.

i

7. (1) he Central Government may, by notification in the Official Power Gazette, ma& rules to carry 'out the purposes of this Act. t o m a k e

3 . rules. \

(2) In part&ular, and without prejudice to the generality of the fore. goihg,pbwer, rules so made may-

(a) regulate the collection by or on beha1.f. of the railway administration of the tax levied unfder this Aet and provide for the authority to which, and \he time and rhanner in which, the tax shall be paid;

I

\ (b) prescrilje the form of the returns to be submitted by any

authority collecti$g the tax and the particulars to be contained therein and the manner in which it is to be verified;

(c) ~ r o v i d e for the time at which, and the manner in which, any payments to States under this Act are to be made, for the making of adjustments between one financial year and another and for any other incidental or ahcillary matters relating to such payments.

(3) In making rules under this section, the Central Government may direct that a breach of any of those rules shall be punishable with fine wthich may extend to one thousand rupees for each such breach.

(4) Every rule made under this section shall be laid, as soon as may be after i t is made, before each House of Parliament while i t is in session for a total period of thiqty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without pre- , judice to the validity of anything previously done under that rule.

Ord. 8. (1) The Railway Passenger Fares Ordinance, 1971, is hereby re- Repeal 17 of 1971, pealed. and

saving.

(2) Notwithstanding such repeal, anything done or any action taken uncier the said Ordinance shall be deemed to have been done or taken under the corresponding provision of this Act. - .

. . . , THE SCHEDULE - d

j l . l (See section 3) j

- -- -____ ------- --.

1. Passengers travelling by railway otherwise than on railway season tickets or mileage coupons-

'(a) where the far$ is less than one rupee Nil ( b ) where the far; is one rupee or more 5% of the fare.

2. Passengers travelling by railyay on season tickets 5% of the value of each season ticket:

P~ovided that where the seasan, ticket for , travel by any particular class is for jcryney bet- , ween two places in respect of which thefare for

a single journey ticket of the same class'is less / than one rupee, the tax payable shall be nil.

3. Passengers travelling by railway on mileage 501, of the cwt of coupons , the coupons of

five paise, 1'1 - - . , . . % A 8

,whichever is I -

. : - , I ihore,

THE TAX ON POSTAL ARTICLES ACT, 1971 - d

/ [gth December, 19711

An Act to provide for the levy of a tax on certain postal articles.

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

i 1. ( l i This Act may be called the Tax on Postal Articles Act, 1971. short

; title. extent

(2) I t extends to the whole of India except the State of Jammu and and Kashmit. corn- mence-

d ment.

(3) I& shall be deemed to have come into force on the 15th day of ~ovembkr, 1971.

1 i

2. In this Act, unless the context otherwise requires,- Dcfini- j t Ions.

(a) "money order" means a money order referred to in Chapter

6 of 1891. IX OF the Indian Fost Office Act, 1898; I ( b ) "phonogram" means a telegraphic message sent to or receiv-

ed frpm a telegraph oEce by a subscriber over the telephone; I

(c) "postal article" means any letter, letter-card, book, pattern or sample packet, parcel or any other article or thing (not beihg a postcbrd or a newspaper transmissible by post as a registered news- paped) which is transmissible by post and for the transmission of

6 of 1898. whit$ postage is chargeable under the Indian Post Office Act, 1898 and ibcludes a money order, a phonogram and a telegram;

J (1) "rules" means rules made under this Act;

(4) "teldgrarn" means written matter intended to be transmitted b telegraph; f

Levy of tax.

Power to reduce or remit.

Power to make rules.

(f) '(teleg\aphn shall have the same meaning as in clause ( I ) of section 3 of tqe Indian Telegraph Act, 1885; 13 of 1885.

(g) "teleg+aph office" includes a Government telegraph office and a licensed \telegraph office, but does not include a military field telegraph office;

(h) words +d expressions used but not defined in this Act and defined in the Iddian Post Office Act, 1898, shall have the same mean- 6 of 1898. ings as in that Act.

3. (1) Sttbject to the provisions of this Act, there shall be levied and collected on all postal articles transmitted by post or through any telegraph office in the territories to which this Act extends a tax at the rate of five paise for each \such article. *

(2) The tax levied'under sub-section (1) on any postal article shall be collected, as an addktion to the postage, fees or charges payable in respect of such article, by the authority empowered under the Indian Post Office Act, 1898 or, as the case may be, the Indian Telegraph Act, 1885 60f 1898 to collect such postage,ifees or charges: 13 of 1885

Provided that where,the postage, fees or charges payable in respect of a postal article is colleqted by means of postage stamps, the tax levied under sub-section (1) om such postal article shall be paid and such payment shall be indicated on such article by means of postage stamps issued under the Indian Post Office Act, 1898, and bearing the inscription "re- Of lng8.

1 Sugee relief" whether with or without any other 'design, picture or inscription. I I, . ,, n

(3) Savc as otherwise expressly provided in sub-section (2) or in the rules- 1 c:\gAw-q A;_ +a%

(@) the provisio& of the Indian Post Qffice Act, 1898 and the 60f 1898. i rules made thereundkr shall, so far as may be, apply in relation $0

the tax levied under iub-section (I) on any postal article (not being i

a phonogram or telebam) as they apply in relation to the postage, fees or charges under tk;at Act and those rules in respect of such postal article; 1

I I I

(b) the provision4 of the Indian Telegraph. A-ct, 1885 - and the 13 of 1885. 1 rules made thereundei shall, so far as may Ee, apply in relatioh to I

\ I

I the tax levied under kub-section (I) on any postal article being a phonogram or teleglranj. as they apply in relation to the postage, fees or charges p,ayable un er that Act and those rules in respect of such

icle. ? , I ' $1, '.< t:i$l

4:-Wbepe the Central Gdvernment is of. opinion th-at it i@ necessary or expedient in the public-intbrest so to do, it may, by notifioat,ion in the Official Gazette, reduce or r+mit, whether prospectively or retrospect,ively, I and subject to such conditipns, if any, as it mag specify in the notifica- 1 tion, the tax payable under ithis Act in respect of any such postal. scticles or class of postal articles as! may be specified in the notification. I

f 5. (1) The Central Government may, by notification in the Official

G~eette , make rules to out the purposes of this, gat. J r . " ,

(2) E v e v rule made unper this section shall be l'aid, as'srinn i s may be after it is made, before e#ch House of Parliament while it is in session

5

OF 19711 Tax on Postal Articles 259

for a total eriod of thirty days which may be comprised in one session or in two '5 s ccessive sessions and if, before the expiry of the session in which it is so iqid or the session immediately following, both Houses agree . in making any hpdification in the rule or both Houses agree that the rule should not be ma@e, the rule shall thereafter have effect only in such modified form or Ee of no effect, as the case may be; so, however, that any such modificatidq or annulment shall be without prejudice to the validity of anything 'previously done under that rule.

18 of 19719. 6. (1) The Tax on Postal Articles Ordinance, 1971, is hereby repealed. Repeal and

(2) Notwithstanding suts\h repeal, anything done or any action taken oaving. 1 under the said Ordinance sh,all be deemed to have been done or taken under the corresponding provbqion of this Act.

[S th December, 19711

An Act to provide for the levy of a tax on inland air travel.

BE it enactcd by Parliament in the Twenty-second Year of the Republic


Short extent titks and 1. (I) This Act q a y be called the Inland .Air Travel Tax Act, 1971. commencement. (2) It extends to ithe whole of India except the State of Jammu and

Kashmir. \ 5

\

1 1 I

t

(3) It shall be de/?med to have come into force on the 30th day of October, 1971. - i

i I

Defini- 2. In this Act, unlbss the context otherwise requires,- , \ tions.

i (a) "aircraft" {means any aircraft as defined in section 2 of the

Aircraft Act, 1934, bhich is used (whether exclusively or not) for the 2Z of 1934 1

carriage of passengers;

(b) "carrier" jmeans a corporation, company or other person

undertaking the carriage of a passenger on an inland journey;

(c) "fare" me ns the total amount of all charges of whatever

nature (including c "h arges, if any; for provision of food or accommodation) payable to t h carrier by or on behalf of a passenger in respect

of his inland journ y; \ 1 i

260

[ACT 48 OF 19711 InlandcAir Travel T4x 261

(d) "inland journey" in relation to a passenger, means--

(i), his journey from any place within the territories to which this Act extends to any other place within the said territories; or

(ii). if his journey is from or to any place in the territories to which, this Act extends to or from a place in the State of Jammu and'Kashm-ir, so much of his journey as falls within the said territories,

but does not include, in either case, a journey which is performed on a through international ticket and which precedes, or forms part of a series of journeys preceding, or follows, or forms part of a series of journeys following, a journey to or from a place outside India on the same ticket.

Exp1~nation.-For the purpose of determining the portion of journey referred to' in sub-clause (ii) falling within the territories to which this Act extends, the journey referred to therein shall be deemed to terminate at, or, as the case may be, commence from, Amrit- sar irrespective of whether the aircraft by which the passenger is travelling over-flies or halts at Amritsar;

(e) "passenger" -means any person travelling on board an aircraft on an inland journey on payment of his fare whether at full sates or cawessional rates.

3, (1) Subject to the provisions of this Act, there shall be levied and Inland air paid to the Central Government in respect of every inland journey by a tax.

passenger a tax (hereinafter referred to as the inland air tkavel tax) at the rate of five per cent. of the fare for such journey:

Provided that no such tax shall be levied under this sub-section in :respect of any journey commen~ing on or before the 14th day of November; 1Q71.

(2) In accordance with rules made under this Act, the inland air kavel tax shall be collected by the carrier undertaking the carriage of the passengers, or, where the tickets or other relevant documents for such carriage are not issued by such carrier, by the carrier to whom such tickets or other documents relate, as an addition to the fares payable by such passengers and shall be paid to the Central Government.

4. In computing the tax leviable under this Act, the following rules Rules for shall apply, namely: - computing

inland air Rule 1.-The tax leviable shall, wherever necessary, be rounded travel tax.

off to the nearest rupee, fifty paise and over being counted as one rupee and less than fifty paise being disregarded.

Rule 2.-In the case of a journey by a passenger from a place in the territories to which this Act- exstends to a place in the State of Jammu and Kashmir, the tax leviable shall be computed as if such journey were up to Amritsar.

4 Law-35 I

Inland + Travel Tax !

Rule 3.-In the case o a journey by a passenger from a place i n the State of Jammu and h ashmir to a place in the territories .Lo which this Act extends, thb tax leviable shall be computed as if such journey were from Amri t i~r .

i Power to 5. Where the Central ~ovednment is of opinion that it is necessary or exempt. expedient in the public interest so to do, i t may, by notification in the

Official Gazette, exempt, eitherjin whole or in part, and either absolutely or subject to such conditions as it may specify in the notification, any passengers or class of passengers from the tax leviable under this Act.

I

Penalty. 6. Any person contravening1 the provisions of this Act or of any rule made under this Act shall be liable to a penalty not exceeding one thousand rupees for every sdch contravention and such penalty may be adjudged by such authority and in such manner as may be specified in the rules made under this Act.

Protection 7. No suit or other legal proceeding shall lie against the Central Gov- of action ernment and no suit, prosecution or other legal proceeding shall lie taken in good faith. against any officer or authorit$ of that Government for anything in good

faith done or intended to be done in pursuance of this Act ar the rules made thereunder. I

Power to 8. (1) The Central ~overAment may, by notification in the Oficial

make rules. Gazette, make rules for carryihg out the purposes of this Act. I I

(2) In particular, and with'out prejudice to the generality of the foregoing power, such rules may provide for-

( a ) the returns and other particulars and information which carriers shall furnish, the authorities to whom, and the intervals a t which, such returns, particulars and information shall be furnished;

(b) the assessment and collection of the inland air travel tax including the charges for collection payable to carriers, the authorities by whom adjudication of penalty and other functions under this Act are to be discharged, the issue of notices requiring payment of such tax, the manner in which such tax shall be payable, the recovery of any such tax due to the Central Government in the same manner as an arrear of lhnd revenue or in any other manner, and the procedure for claiming refund of any amount paid under this Act;

(c) the powers of authorities referred to in clause (b) to enter, inspect and search any aircraft or any premises of a carrier and to examine any tickets, books of account, returns or other documents for the purpose of carrying oui any duty imposed on any such aufho- rity by or uflder this Act:

Frovided that the provisions of the Code of Criminal Procedure, 1898, relating to searches, shall, so Ear as they are applicable, apply 5 of 1898. -z

in relation to searches under rules made under this clause;

i ( d ) t l ~ c procedure for adjudication of penalty; I I I

( e ) appeal and revision in the case of any order made under this Act, the manner $-I which and the time within which appeal may

bp 19711 1n2and Air ~ r a v e i Tax 263

be preferred or application for revision may be made and the fees payable therefor;

( f ) any other matter which is to be, or may be, provided for by rules under this Act.

\

(3) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sesgicins, and if, befare the expiry of the session in which i t is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only ih 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.

Ord. 1gof 9. (1) 'The Inland Air Travel Tax Ordinance, 1971, is hereby repealed. ~~~~~l 1971. and

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

under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

I a

Short title and commencement.


THE AIR CORPORATIONS (AMENDMENT) ACT, 1971

No. 49 OF 1971

[gth December, 19711

An Act further to amend: the Air Corporations Act, 1953,


1 i

1. (1) This Act may be called the Air Corporations (Amendment) Act, 1971. ,

(2) The provisions of this Act, except clause (iii) of section 4 which shall be deemed to have com into force on the 19th day of May, 1971, i shall come into force on such date1 as the Central Government may, by notification in the Official ~ade t t e , appoint.

t 2. In the Air Corporations,Act, 1953 (hereinafter referred to as the 21 01 1953.

principal Act), in section 4,-

(i) for sub-section ( I ) , the following sub-sections shall be substituted, namely: -

" (I) The general superintendence, direction and management of the affairs and business of each of the Corporations shall vest in a Board of directors which may exercise all such powers and do all such acts and things as may be exercised or done by the Corporation under this Act.

(IA) The Board of directors shall consist of a Chairman to \ be appointed by the Central Government, and not less than eight

and not more than fourteen other directors to be appointed by the Central Government and the Chairman or any other director may be required to render whole-time or part-time servide as the Central Government may direct:

r,

11-2-1972 : vide Notification No. S. 0. 7 3 ( ~ ) , dated 29-1-1972, Gazette of India, Ex- traordinary Part 11, Section 3(ii), p. 197.

264

8 , - [ACT 49 OF 19711 Air Corporatias (~mondmeni) Z &

-Provf ded , t h a t

(a) the same person m be appointed to be the Chair- [

man of-both the Chairman of one an'd'director I

df - the .bther;

(b) the same ,persons rnab be appointed to be directors of both the Corporations."; 1

t ,

(ii) in sub-sections (2), (3) and (43, for the word "member" wherever it occurs, the word "director" shall be substituted;

I

(iii) in sub-sektion (5), -for the words '"General Manager", the words "managing director" and for the -word "member", the word "director" shall be substituted.

'3. 'In section 5 of the principal Act,- Amend- ment of

a (i) in sub-section ( I ) , for the word "members", the word ,,,tion 5. "directors" and in the proviso thereto, for the word "member", the word "director" shall be substituted;

(ii) in ~~ub-secticsn (2) ,- ('a) for -the word "member", in .both the places where it

-occurs, the word "director" shall be substituted; . . . . . * . .

(b.) ifor.therwords 'Isuch remp.eration by way of..allowances", .$ t&.words ‘‘such. rernu.nesation by -way of salary,, allowances" shall be substituted.' ,..-

5n :sl&section (2)>,- . . . . . . . . . . . Amend-

. .. . . . . . ;(i) :.Biter c b i e '(i) , t he followihg . . . : '<1'$uiu$B , . .:. , shaIl :be inserted, 2;;;;;.

-.namely: - :

"(ii) to make such grants as it thinks fibas contribution or donatio~, in furtherance of tbe interests of the Corporation, to

I aqy fund established for a benevolent or charitable purpose:

. ' I?io~de'd Ahat ri6thing in thib -&lause .. shill -.be onstr st rued as empowering the corporation to make any such ,grant to any political party or for any p.01.itic.a~ purpose - to any individual or body;";

.. ..

(ii) in clause (k), for the words "iricludirig provision df ,Catering, rest-rooms", the words "including provision of catering, hotels, res-

'tatirants, ,rest-room$' shAll be substitdted;

,jiii) befoce clause . ( I ) , Lthe following clause shd l be inserted, namely: -

" (kk) to form one or more companies under the ..Co.mpanies

1 of 1956. Act, 1956 to further'the e~cient~pei. 'formmce of i t s 'duties and the exercise of its .p.owers under ; this Act:

, .~

i Providedthat thenpaid up sqare capital of every company se

formed shall' b e held exclusively by, the Corporat~on;".

2d6 Air dorporations (.?menciment) [ACT 49

Amend- 5. In section 8 of the principal for the words "General Manager", merit Of wherever they occur, the words " director" shall be substituted. section 8. Arnend- ment of 6. In section 12 of the principal in sub-section ,(2), for the words section 12. ['current account", the word "acco shall be substituted.

Insertion 7. After section 15 of the prindipal Act and before Chapter IV, the of new following section shall be inserted namely: - 15A. 1 Audit of "15A. (I) Notwithstanding anything contained in the Companies accounts of tom- Act, 1956, t h e p d i t o r of any /company formed by either of the Cor- 1 & 1956. panles porations under clause (kk) ,of sub-section (2) of section 7 shall be formed by Cor- appointed or re-appointed bylthe Corporation concerned on the advice pora- of the Comptroller and ~ u d i t o r General of India. tions.

(2) Save as otherwise provided in sub-section ( I ) , in addition to the provisions contained in the Companies Act, 1956, relating to the 1 of 1956.

audit of the accounts of any company, the following provisions shall apply to the audit of the accounts of any company referred to in sub- section ( I ) , namely: -

(i) the Comptroller and Auditor General of India shall have power to conduct a supplementary or test audit of the company's accounts by such pers?n or persons as he may authorise in this behalf; and for the purposes of such audit to require information to be furnished to any person or persons so authorised, on such matters, by such persbn or persons and in such form as the Comptroiler and Auditor General may, by general or special

- --. order. direct; I

(ii) the auditor ahpointed or re-appointed under sub-section (I) sh2ll submit a copy of his audit report to the Comptroller and Auditor General of Ihdia who shall have the right to comment upon, or s~pplernent,~%he audit report in such manner as he may think fit; !I I

I i I f

(iii) any such cjomments upon, or supplement to, the audit report shall be pla~,&a before the annual general meeting of the company at the sa$e time and in the same manner as the audit report.". f

Amend- 8. In section 35 of the principal Act,- ment of section (i) in clause (a), Yor the words "fifteen'lakhs", the words "forty 40. lakhs" shall be substiluted;

I' (ii) in clause (v), for the words "five years", the words "ten years" shall be substituted.

i

Amend- 9. In section 40 of t$e principal Act, in sub-section ( I ) , for the word merit of "members", the word )'directorsn shall be substituted. section 40. i

B Amend- 10. In section 41 of the principal Act,- ment of section 1 41. (a) sub-sectton (1) shall be omitted; and

(b) the br kets and figure " (2)" shall be omitted. 19L

1 F 197 L] Air Corporations (ArnendmentS 267

Id. In section 42 of the princ,qal Act,- Amend- ment of

(i) in sub-section (2), for the word "members", the word section

"directors" shall be substituteh; 42.

(ii) in sub-section (3), for the word "members", the word "directors" and for the word "member", the word "director" shall be sub- 3tituted.

12. In section 44 of the principal Act, in sub-section (2) ,-- Amend- ment of

(i) in clause ( a ) , for the words "General Managers", the words section

"managing directors" shall be substituted; 44.

(ii) in clause (f) , the word "depreciation" shall be omitted.

13. In section 45 of the principal Act,- Amend- ment of

(i) in sub-section (I), for the words "Each of the Corporations section

may, with the previous approval of the Central Government", the 45.

words, brackets and figure "Subject to the provisions of sub-section (3), each of the Corporations may" shall be substituted;

(ii) in sub-section (2 ) , in clause (b), for the words "General Manager", the words "managing director" shall be substituted and after that sub-section, as so amended, the following sub-section shall be inserted, namely:--

"(3) No regulation under clause (b) of sub-section (2) shall be made except with the previous approval of the Central Gov- ernment.".

T H E EMERGENCY RISKS (GOODS) INSURANCE ,, , I

ACT, 1971

An Act, to make cefiain provisions for the insurance of goods in India against damage arising from e-mergency risks and matters.:conngctd there~i th or i~cidental , thereso.

Bq it epacted by Parliament in the Twenty-second Year of the 8epwbIic of 1ndiit.a~ follows:--

. % " CHAPTER I

PRELIMINARY

Short 1. ( I ) This Act may be called the Emergency Risks (Goods) Insurance title, Act, 1971. extent and duration. (2) I t extends to the whole of India.

(3) It shall remain in force during the period of operation of the Pro- clamation of Emergency issued by the President under clause (1) of article 352 of the Constitution of India on the 3rd day of December, 1971, and for such further period as the Central Government may, by notification in the Official Gazette, declare to be the period of emergency for the purposes of this Act, but its expiry' shall not affect anything done or omitted to be done before such expiry and section 6 of the General Clauses Act, 1897, shall apply upon the expiry of this Act as if i t had loof 1897. been repealed by a Central Act.

Defini- 2, In this Act, unless the context otherwise requires,- tions.

(a) "emergency risks" means such risks arising from,--

(i) action taken by an enemy or action taken in combating an enemy or in repelling an imagined attack by an enemy;

[ACT 50 OF 19711 Emergency Risks (doods) Insunznce 269

\ \

(ii) any) explosion or fire which involves explosi~es ox munitions or other dangerous things required for the p>urposes of defence against any action of anLenemy and which happens or is caused by, through, or in connection with, the manufacture, stgrage or transportation of any such explosives, munitions or other dangerous things;

(iii) measures taken under proper authority to avoid the spreading of or otherwise to mitigate, the consequences of damage occurring (whether accidentally or not) as a direct result of any such action as is descri,be,d in sub-clause (i) or of any such explosion or fire as is described in sub-clause (ii);

(iv) precautionarya or preparatory measures taken under pra-8 per authority with a view to preventing or hindering the carrying out ~f any attack by an enemy, being measures involving a substantial degree of risk to property;

precautionary or preparatory measures involving the d p ing of work on land and taken under proper authority in any way in anticipation of enemy action, being measures involving a iubstantial degree of risk to property;

(vi) precautionary or preparatory measures taken under p r s per authority -with, a view to denying facilities to an enemy, being measures involving a substantial dkgree of damage to or diminutiun of value of property;

. , (6) "enemy" means-

(i) any person or country committing external ' aggression againnt India;

(ii) any person belonging to a country committing such aggression;

(igi) such other iountry as may be declared by the ~ k t r a l ~ o v i r n m e n t to be assisting the country committing such a g p s - sion;

(iv) any person belonging to such other country; - - .

I ( c ) F means the . Emeigency Risks (Goods) Insurance Fund constituted under section 10;

(d) "goods" means any materials, commodities o r articles and includes materials, commodities or articles used in or for the cons- tructidn or repair of any ship up to the time at which the ship after completion of construction, or repair, is launched;

(e) "insurable value" means the value of goods as ascertained for the purposes of insurance under this Act;

(I) "policy" or "policy of insurance" means a contract of insurance issued under the Scheme and includes a policy of insurance and renewal endorsement;

Goods insurable under this Act.

270 Emergency Risks (Goods) Insurance [ACT 50

( g ) "yuarler" means a period of three rliorltlls commencing on the first day of January, April, July or October;

- (h) "Scheme" means the Emergency Risks (Goods) Insurance Scheme made under this Act;

(i) "seller of goods" includes a seller of goods acting as an agent;

(j) "supplier of goods" means a person carrying on a business in the course of which he supplies goods for the purpose of, or in pursuance of, contracts made by him for work, labour or materials.

CHAPTER I1

INSURABLE GOODS AND INSURANCE SCHEME

3. ( I ) Subject to the provisions of this section, the following goods shall, in relation to any person carrying on business in India as a seller or supplier of goods of any description, be deemed to be goods insurable under this Act, that is to say, all goods situated in India or, consigned from one place in India to another place in India and in transit, being either-

(i) goods of that description, or (ii) goods used as material from which goods of that description

are produced or as ingredients or component arts of goods of that description: I I

Provided that no goods shall be deemed to be insurable under this Act-

( a ) in relation to any person, being the owner of the goods, who carries on business gs a seller of goods, unless they are owned by him with a view to being sold, or to being used as material for the production of goods to be sold, or as ingredients or component parts of goods to be sold;

(b) in relation to any person, being the owner of the goods, who carries on business as a supplier of goods, unless they are owned by him with a view to being supplied for the purpose of, or in pursuance of, a contract made by him for work, labour and materials or to being used as material for the production of goods to be supplied as aforesaid, or as ingredients o r coinponent parts of goods to be supplied;

(c) in respect of a period in relation to any person carrying on business in India as a seller or supplier of goods of any description, if such goods are, before payment has been made of the p remkm under this Act for that period, in the custody, control or possession of the enemy. I

(2) The Central Government may, by notification in the Official Gazette, direct that goods of any description specified in the notification shall, notwithstanding anything contained in this section, be deemed not to be goods insurable under this Act and a copy of such notification shall be laid after it is made, on the Table of each House of Parliament when such House is in session for a period of thirty days or for the duration of the session in which it is laid, whichever period is less.

(3) Nothing in sub-section ( I ) shall apply in relation to goods which are owned by Government or in respect of which the Government is t h ~ seller or supplier.

4. (1) Save in so far as is otherwise expressly provided in this Act, Ownef.- any goods shall, subject to the provisions of this section, be deemed, for Ship.

the purposes of this Act, to be owned,-

(a) if the property in thk goods is for the time being vested in 'a person in relation ti &hdrri they are insurable under this Act, by that persoh;

(b) if the property in the goods is not sb vested, b$ any person in relation to whom the goods are insurable under this Act and whd is for the timk beink ehtitleij either unconditionally or konklitionally: tb have the property in the goods vkstea in him:

provided that where2

(i) any goods wbuld, under the fbregding provisiBns 6f this sectidi~, be deemed to be owned by a person in whom the property therein is vested otherwise than in the course of a business carried an by him in India, or who is entitled to have the property therein vested in him otherwise than in the course of such business, and

(ii) any person carrying on business in India is for the time " being cntitled to sell the goods i s agent,

the goods shall be deemed to be owned by the last mentioned person.

(2 ) Where in the course of any business a ship is being, or has been, constructed under contract, and the ship or any part thereof or any goods appropriated for the construction thereof-

(a) would, apart from the provisions of this sub-section, have been deemed for the purposes of this Act to be owned at any time by the person from time to time carrying on the business, or

(b) have at any time been accepted, in pursuance of a coritract made with him, by the person from time to time carrying on the business,

then, notwithstanding that they would not, apart from the said provisions, be deemed for the said purposes to be owned by the person from time to time carrying on the business, the ship and any part thereof and any goods so appropriated as aforesaid shall, subject' to the provisions of sub- section (3), be deemed, in a case to which clause (a) of this sub-section applies, to continue to be owned by the person from time to time carrying on the business until the acceptance of the ship, in pursuance of the contract in question, by the person for whom it is being or has been, constructed, and in a case to which clause (b) of this sub-section applies, to he owned by the person from time to time carrying'on the business at all jmes between the acceptance referred to in the said clause (b) and the ~ceptance of the ship as aforesaid by the person for whom it is being,

br has been, constructed.

(3) The provisions of sub-section (2) shall apply in relation to the construction under contract in the course of a bysiness of part of a ship, nor being part of a ship which is being, or has been, constructed by the person from time to time carrying on the business, as they apply in relation to the construction of a ship-

(a) ith the substitution for references to a ship of references to part 01 a ship;

(b) where the contract for the part of the ship is with the person for whom the ship is being constructed, with the substitution for references to the acceptance of the ship under the contract in question

i v 2 Emergency ~ i s k s (boois) Insurance

Emer- gency Risks (Goods) Inss- rance Scheme.

of references to the acceptance of the ship under the contract for the construction thereof;

(c) where the contract for the part of the ship is with any other ,

person, with the substitution for references to the acceptance of the ship under the contract in question of references to the acceptance of the part of the ship under the contract for the construction of the part by the person for whom it is being, oi. has been, constructed.

(4) Where the person from time to time carrying on a business teceives any money, under a goliey issued in pursuance of the Scheme, in respect of the loss af or damage to a ship, part of a ship or goods which a re deemed to beowned by him by virtue of sub-section (2) or sub-section (a) , the money shall be held by him on trust for the person who, apart

from the provisions of those sub-sections, would be deemed for the purposes of this Act to be the owner of the ship, part or goods, subject, however, to any lien or charge which would otherwise be enforceable against the ship, part or goods and subject also to the right to retain out of the money the amount of any expenses reasonably incurred by the first mentioned person in making good any part of the loss or damage which he is liable to make good. +

5. (1) The Central Government may, by notification in the Official Gazette, put into operation a scheme to be called the Emergency Rislfs (Goods) Insurance Scheme, whereby the Central Government undertaliei .

in relation to persons carryfng on business in India as sellers or suppIiers '

of goods, the liability of insurance of such persons against emergency '

risks, to the extent provided by or under this Act, in respect of goods insurable under this Act which are from time to time owned by such persons in the course of such business.

(2) The Scheme may also extend-

(a) to the undertaking by the Central Government, in relation to any person carrying on business in India as seller or supplier ,of goods, of the liability of insuring such a person against emergency risks in respect of goods insurable under this Act which are not owned by him but in which he has an interest arising in the course of that business;,

(b) without prejudice to the provisions of clause (a) of this sub- section, to the undertaking by the Central Government, in relation to a person carrying on any business in IndiA, of the liability of insuking~ such a person against emergency risks in respect of-

(i) any goods situated in India which are in his possession, otherwise than under a hire purchase agreement, for the purposes of that business,

(ii) any goods situated in India which are subject to a mortgage, pledge or charge in his favour held by him in the course of that business,

being in either case goods which are not owned by him but which are insurable under this Act in relation to the person by whom they are owned;

(c) to the undertaking by the Central Government, in relation to a person carrying on any business in India, of the liability of insuring such person against emergency risks in respect~of any goo'ds situated in India, which having been sold in India, for export from India,

OF 19711 -Emergency Risks (Goods) Insurance !hi3 are in his possession for the purpose of such export and are goods which were prior to such sale insurable under this Act in.relation to the person by whom they were then owned;

(c!) to the undertaking by the Central Government, in relation to any person carrying on any business in India as a seller or SUP-

plier of goods, of the liability of insuring such a person against emergency risks in respect of goods imported into India through any port of India, while such goods are situated at such port or are in transit to a place in India.

(3) The Scheme shall be such as to secure-

(a) that the liability of the Central Government as insurer shall not extend to more than eighty per cent. of the insurable value of the property insurable;

(b) that any liability of the Central Government as insurer under the Scheme is determined by a policy of insurance issueir;iin the form land in respect of a pe~iod not exceeding the period specified in the Scheme, by a person acting on behalf of the Central Government:

Provided that the form of policy may be such a s to limit the extent and nature of the indemnity provided by the Central Government and to impose conditions subject to which the indemnity is provided:

Provided further that the form of policy shall be such as to provide that no liability shall arise thereunder unless the premium in relation to the period in which any loss or damage occurs has been paid before the occurrence of such loss or damage;

(c) that any premium under a policy so issued is payable at a rate not exceeding three per cent. per annum of the sum insured as may be specified in the Scheme; and

(d) that the amount of any one premium payable under a policy so issued is not less than such sum as may be specified in the Scheme.

(4) Different forms of policies may be specified under sub-section (3) in relation to different descriptions of goods.

(5) The Central Government may, by notification in the Official Gazette, add to, amend or vary any Scheme made under this Act.

(6) Every Scheme shall be laid, as soon as may be after it is made, befoxy each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the Scheme or both Houses agree that the Scheme should not be made, the Scheme shall thereafter hive 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 Scheme.

6. The Central Government may, by notification in the Official Employ- Gazette, employ or authorise the employment of any person to act as ment of its agent for the issue of policies, and making recommendations for agents

by the settlement of claims, under the Scheme, and may pay to the person so employed such remuneration as it may think fit. Goverh-

ment.

CHAPTER I11

Power to 7. (1) While the Scheme is in operation, no person shall, after such make date as may be specified in this behalf by the Central Government by

notification in the Official Gazette, carry on any business in India as a abce cbt11- seller or supplier of goods, unless, in respect of any goods insurable P u 1 ~ 0 ~ . under this Act which are for the time being owned by him in the course

of that business, there is in force a policy of insurance against emergency risks issued in accordance with the Scheme, whereby he is insured in respect of such goods for a sum not less than the value thereof for the time being:

Provided that the Scheme shall not restrict the carrying on of busic ness as aforesaid by any person, if and so long as the value of all goods insurable under this Act which are for the time being owned by him within one and the same Presidency town or district in the course of that business does not exceed fifty thousand rupees.

(2) Whoever contravenes the provisions of this section shall be punishable with fine which may extend to one thousand rupees and with further fine which may extend to five hundred rupees for every day after the first on which the contravention continues.

*

Bmis- sion to insure or to insure up t o the full amount.

Restric- tions on carrying on of certain insurance business.

8. (1) Wilere any person has failed to insure as, or to the full amount, required by this Act, and has thereby evaded the payment by way of premium of any money which he would have had to pay but for such failure, ar, officer authorised in this behalf by the Central Government may dete~mine the amount of payment of which has been so evaded, and thereupon such person shall be liable, without prejudice to any other action that may be taken against him under this Act, to pay to the Central Government, as penalty, an amount equal to the amount so determined, and if no such payment is made on demand by the authorised officer, the amount of the penalty shall be recoverable from such person as an arrear of land revenue.

(2) A person against whom a determination is made under sub- section (1) may, within the period specified in the Scheme, appeal against such determination to the Central Government whose decision thereon 'shall be final.

9. (1) After the date on which the Scheme is put into operation, no person shall, except as. a person authorised by the Central Government as its agent to issue policies in pursuance of the Scheme, carry on any business of insuring persons carrying on business in India as sellers or suppliers of goods against emergency risks in respect of goods insurable under this Act which are from time to time owned by such persons in the course of such business a s is last mentioned.

(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to five thousand rupees and with further fine which may extend to one thousand rupees for every day after the first on which the contravention continues.

OF 19711 Emergency Risks (Goods) Insur~nce 275

10. (I) The Central Government may, after due appropriation made Erne=- by Parliament by law in this behalf, transfer in each financial year to gency a fund to be called the Emergency Risks (Goods) Insurance Fund such Risks

(Goods) sums, as may be considered necessary, not exceeding the sums received Insu- by the Central Government by way of insurance premiums under the Scheme, or by way of payment made on compositi-oh of offences under Fund.

fib section 15 or by way of expenses or compensation awarded by a court, 'Of 1898- under section 545 of the Code of Criminal Procedure, 1898, out of any

fine imposed in any prosecution under this Act. P

(2) There shall be paid from out of the Fund all sums required for the discharge by the Central Government of any of its liabilities under the Scheme or for the payment by the Central Government of the remu- r~eration and expenses of agents employed for the purposes of the Scheme.

(3) If at any time when a payment is to be made out of the Fund, the sum standing to the credit of the Fund is less than the sum required for the making of that payment, an amount equal to the deficiency shall, after due appropriation made by Parliament by law, be paid into the Fund as an advance out of the Consolidated Fund of India. !

(4) If at any time the amount standing to the credit of the F u n d , exceeds the sum which, in the opinish of the Central Government, is ! likely to ibe required for the making of payments out of the Fund, the excess shall be disposed of in such manner as the Central Government rnay think fit.

(5) The Central Government shall prepare, in such form and manner as may be specified in the Scheme and shall publish either annually orq a t such shorter intervals as may be specified therein, an account of all sums received into and paid out of the Fund.

CHAPTER IV

11. ( I ) Any person authorised in this behalf by the Central Govern- power of ,

ment may, for the purpose of ascertaining whether or not the require- Central ' ments of 'this Act have been complied with,- Govern-

*r -meh t to obtain

(a) require any person carrying on in Inditi the business of infor-

fire insurance or of a seller or supplier of goods to submit to him mation such accounts, books or other documents or to furnish to him such information as he may reasonably think necessary, or 1

I b ) at any reasonable time, enter any premises occupied by any 1 person carrying on in India the business of a seller or supplier of goods for the purposes of that business and may inspect the premises and require any person found therein who is for the time being in charge thereof, or in control of the *business carried on therein, to produce to him and allow him to exawine such accounts, boolxs or other documents as may relate to the business carried on ,

in the premises and to furnish to him such other information as he may reasonably require for the purpose of ascertaining whether or not and, if so, to what extent, the person carrying on the business is insured under the Scheme in respect of goods owned By him in the + course of that business, and of ascertaining the value of any goods insurable upd&~ the Scheme which are, or were at any relevant

276 Emergency Risks (Goods) insurance [ACT 50

time, owned by him in the course of that business and the maximum amount which would be recoverable in respect of any such' goods under a policy issued under this Act.

(2) Whoever wilfully obstructs any person in the exercise of his po%ers under this section or fails without any reasonable excuse to comply with a demand made thereunder, shall, in respect of each occasion on which any such obstruction or failure takes place, be punishable with fine which may extend to five hundred rupees.

(3) Whoever, in purporting to comply with his obligations under this section, knowingly or recklessly makes a statement which is fdse in a material particular, shall be punishable with fine which may extend to one thousand rupees.

(4) Where in any prokeedings in respect of a contravention of sdction 7 in\relation to any business, it is proved, in relation to that busjness,---

(a) that a demand for the production of a policy of iilsurance issued in accordance with the Scheme insuring the person carrying on the business was duly made under this section and was pot complied with, and

( b ) that the person making the1 demand was not satisfied that there was such a policy in existence,

. it shall be presumed, except in so far as the contrary is proved, that the said section 7 was being contravened in relation to that business at the t.ime when thr demand was made and continued to be contravened in relation to that business at all times thereafter.

punish- 12. If any person, for the purpose of obtaining for himself or any ment other person any payment in respect of any damage due to the actidn for giGiiik of the enemy or under a policy issued in pursuance of the ,Scheme,- false information. ,(a) furnishes any information which he knows to be false in

a material particular, or recklessly furnishes any information which is false in a material particular, or

( b ) with intent to deceive, produces, furnishes, sends or otherwise makes use of any book, account or other document which is false in a material particular, or

(c) with intent to deceive, withholds any material information, he shall be punishable with fine which may extend to five thousand rupees, or with imprisonment for a term not exceeding three months, or with both.

Refund af 13. (1) Where goods of any description have heen insured by a premiums seller or supplier of goods for any period, and before that period has in certain ;ases.

elapsed the goods of that description have ceased, by virtue of a notification under sub-section (2) of section 3 to be goods insurable under

i -. J

Emergency Risks (Goods) Insurance 277

this Act, the person who has insured such goods shall1 be entitled to a proportionate refund of the premium.

(2) Where a policy of insurance has been taken out in relation to goods which are not insurable under this Act and premium has been paid in relation to such policy, or where any premium has been paid in respect of goods which have ceased to be insurable under this Act, or where, in relation to goods insurable under this Act, premium has been made in excess of the amount due under the policy, the person making such payment or excess payment, as the case may be, s'hall be entitled to a refund of the whole of the amount so paid or paid in excess, as the case may be.

(3) If i t is established to the satisfaction of the Central Government that a policy of insurance under the Scheme has been taken out separately by two or more persons in respect of the same goods, the policy talcen out by any one such person may, on an application made by him amd after such inquiry as the Central Gove~nment may think fit, be cancelled and thereupon the premium paid on such policy shall be refunded to the person by whom it was paid unless such person has recovered the premium from any other person, in which case, the refund shall be made to that other person: I

Provided that no refund shall be made under this section unless the applicatiom for the refund is made before the expiry of six months from the date when the premium was paid.

(4) No suit shall be maintainable in any civil court against the Cen- tral Government or any person acting as the agent of the Central Gov- ernment under section 6 for the refund of money paid or purporting t o have been paid as premium in respect of any policy issued or purporting to have been issued under this Act.

14. No prosecution for any offence punishable under this Act shall Limita- be instituted against any persm except by, or with the consent of, the lion Or'

prose- Central Government or an authority authorised in this behalf by the cution. Central Government.

15. Any offence punishable under sub-section (2) of section 7, or Compo- sub-section (2) of sectiop 9 may, either before or after the institution sitionof of the prosecution, be compounded by the Central Government or by

offences.

any authority authorised in this behalf by the Central ~over'nment, on paymemt for credit to the Fund of such sum as the Central Government or such authority, as the case may be, thinks fit.

16. No suit, prosecution or other legal proceeding shall lie against legal the Central Government or against any person for anything which is in proceed-

cood faith done or intended to be done under this Act. jngs. 8 ) c ! L '1'1. If any doubt arises as to whether a person is insurable in respect Removal

of any goocis under this Act, the Central Government may, by order, of make such provision or give such direction, not inconsistent with the doubts. ~rnvisions of this Act, as appear to i t to be necessary or expedient for the removal of such doubt.

THE EMERGENCY RISICS (UNDERTAKINGS) INSURANCE

I I ACT, 1971

[ lo th December, 19711

An Act to make certain provisions for the insurance of certain property in India against damage arising from emergency risks

- and lor matters connected therewith or incidental thereto. -

Short , title, extent and duration

BE sit enacted by Parliament in the Twenty-second Year of the Republic of India as follows:-

I

CHAPTER I

1. (1) This Act may be called the Emergency Risks (Undertakings) ~dsurande ~ c t , 1971.

(2) It extends to the whole of India. I I

(3) It shall remain in force during the period of operation of the Proclamation of Emergency issued by the President under clause (1) of -article 352 of the Constitution on the 3rd day of December, 1971, and for such further period as the Central Government may, by notification in the Official Gazette, declare to be the period of emergency for the p&poses of this Act, but its expiry shall' not affect anything done or omitted to be done before such expiry and section 6 of the General Clauses Act, 1897, shall apply upon the expiry of this Act as if it had been repealed by a Central Act. of 1897

Defini- 2. In this Act, unless the context otherwise requires,- ings.

(a) "building" includes foundations, plinths, floors, staircases, tanks, engine and boiler beds, chimneys, flues and boundary walls.

ACT 5i OF 19711 %mei.gency Risks (~ndkr tak iz~s ) fnsurance 279

( b ) "emergency risks" means such risks arising from-

(i) action taken by an enemy or a c t i o ~ ~ taken jn combating an enemy or in repelling an imagined attack by an enemy;

(it) any explosion or fire which involves any explosives or munitions or other dangerous things required for the, purposes of defence against any action of an enemy and which happens or is caused by, through, or in connection with, the manufacture, storage or transportation of any such explosives, munitions or other dangerous things;

(iti) measures taken under proper authority to avoid the spreading of, or otherwise to mitigate, the consequences, of damage occurring (whether accidentally or not) as the direct result of any such action as is described in sub-clause (i) or of any such explosion or fire as is described in sub-clause (ii);

(iv) precautionary or preparatory measures taken under proper authority with a view to preventing or hindering the carrying out of any attack by an enemy, being measures involving risk to property;

(v) precautionary or preparatory measures involving the doing of work on land and taken under proper authority in any way in anticipation of enemy action, being measures involving risk to property;

(vi) precautionary or prepartory measures taken under proper authority with a view to denying facilities to an enemg, being measures involving damage to or diminution of the value - of property;

(c) "enemy" means-

(i) any person or country committing external aggression against India;

(ii) any person belonging to a country committing such aggression; i

(iii) such other country as may be declared by the Central Government to be assisting the country committing such aggression; I s A

(iv) any person belonging to such other country;

(d) "factory') means a factory as defined in clause (m) of section 2 of the Factories Act, 1948;

63 of 1948. (e) "factory building" includes all buildings comprised in the

factory, and such other buildings (including residential buildings for staff and workmen, hospitals and welfare c a k e s ) within a radius of three kilometres from the main factory building as are in the same ownership or occupation as the factory and are used for the purposes of the factory;

(f) "Fund" means the Emergency Risks (Undertakings) Insur- 3nce Fund constituted under section 7;

(g) "inland vessel" means a vessel not ordinarily plying outside the limits of the territorial waters surrounding India

2 86 &nevgency kisis (Undertakings) insurance [ACT fif

(h) "insurable value" means the value of the property as ascertained for the purpos'es of insurance under this Act;

I (i) "occupier" of a factory has the meaning assigned to it in clause (n) of section 2 of the Factories Act, 1948; 63 of 1948

(j) "owner", in relation to property insurable under this Act, means the owner of such property and includes, when parts of such property in relation to an undertaking to which this Act applies are owned by different persons, each such person in respect of the part ouned by him;

(k) "policy or policy of insurance" means a contract of insurance issued under the Scheme and includes a policy of insurance or renewal endorsement;

( I ) "property insurable under this Act" means-

(i) in relation to any factory, factory buildings, and, except where they are-for the time being goods insurable under the Emergency Risks (Goods) Insurance Act, 1971, all plant and machinery in the factory, all materials in the factory for use in the production or transmission of motive power, or in the maintenance of plant and machihery (including lubricants) or in the maintenance of factory buildings;

(ii) in relation to Electric Supply Undertakings, the stations, sub-stations, switch houses and transformer houses, in addition to the insurable property referred to in sub-clause (i) of this clause;

(iii) in relation to hydro-electric supply undertakings, the whole of sluice houses, valve houses, water-pipe lines, penstocks and any other plant or machinery appertaining to the intake of hydraulic power;

(iv) in relation to mines as defined in the Mines Act, 1952, 35 of 1952.

plpnt and machinery, whether above or below ground, buildings including inclines and situated within a radius of three'kilometres from the mine excavation and in relation to such plant, machinery

a and buildings and materials above ground as would, if the mine were e factory, be included in property insurable under this Act under sub-clause (i) of this clause;

(v) in relation to gas supply undertakings, the whole of distribution systems, in addition to the insurable property referred to in sub-clause (i) of this clause;

(vi) in relation to any trading Corporation or any body of Port Trustees or Commissioners, or any other person specified in this behalf by the Central Government, owning inland vessels and all inland vessels (including the hull, machinery and fittings thereof), fuel ,carried thereon and stores carried therein for the use of the crew, owned by it or him, as the case may be, where such vessels, fuel and stores are not f?r the time being plant or materials insurable in relation to a factory under this Act and the Sclierrle thereunder, or goods insurable under the Emcrgcncy Risks (Goods) Insurance Scheme made under the Emergency Risks (Goods) Insurance Act, 1971;

f ,

OP 19713 ~ m e r g e n c ~ Risks (Unde~talcings) Insurunce 281

(vii) in relation to oil mines and oil refineries, in addition to properties referred to in sub-clause (i) or sub-clause (iv) of this clause, as the case may be, derricks( drills and rigs and group gathering stations and storage tanks of oil mines, plant a.nd machinery required for pumping, refining or processing any mineral oil, and pipe lines and all buildings of such installations within a radius of three kilometres thereof;

(viii) in relation to tea estates, in addition to the properties referred to in sub-clause (i) of this clause, standing tea crops in any garden belonging to the owner of any factory:

Provided that no property shall be deemed to be insurable under this Act in respect of a period if such property-is, before payment has been made of the premium under this Act for that period, in the custody, control or possession of the enemy;

(m) "quarterJ' means a period of three months commencing on the first day of January, April, July or October;

(n) "Scheme" means the Emergency Risks (Undertakings) Insurance Scheme made under this Act;

(0) "undertaking to which this Act applies" includes- (i) factories,

(ii) electric supply undertaking?, hydro-electric supply undertakings and State Electricity Boards constituted under

54 of 1948. the Electricity (Supply) Act, 1948, 35 of 1952 (iii) mines, as defined in the Mines Act, 1952,

(iv) gas supply undertakings,

(v) oil mines and oil refineries (vi) tea estates,

(uii) any trading Corporation or any body of Port Trustees or Commissioners or any other person specified in this behalf by the Central Government, owning inland vessel,

but does not include any undertaking which is owned anddepart- mentally run by ~overnment or any undertaking which is exempted under section 15 from the provisions of this Act;

(p) "vessel" means a vessel the value of which including the hull, machinery and fittings but excluding cargo, fuel and stores carried for the use of the crew, as ascertained for the purpose of insurance under the Scheme, exceeds two thousand and five hundred rupees, propelled wholly or in part by steam, electrical or mechanical power, or adapted for towing by a vesselso propelled, and includes any such vessel while used as a place of habitation or for storage of goods but does not include a vessel of the type commonly called country craft.

CHAPTER I1

3. ( 1 ) The Central Government may, by notification in the Official Enlergency Gazette, put into operation a scheme to h~ called the Emergency Risks P$,"ier- (Undertakings) Insurance Scheme, wherehy the Central Government takings)

Insurance Scheme.

282 Emergency Risks (Undertakings) insurance ACT 51 undertakes the liability of insuring property insurable under this Act against emergcncy risks, to the cxtcnt provided by or under this Act.

(2) The Scheme may extend to the undertaking by the Central Gov- ernment in relation to any person in India' of the liability of insuring such person against emergency risks in respect of any property insurable under this Act which is not owned by him but in which he has an interest, up to the extent of such interest. -

(3) The Scheme shall be such as to secure-

(u) that the liability of the Central Government insurer shall not extend to more than eighty per cent. of the insurable value of the property insurable;

(b) that any liability of the Central Government as insurer under the Scheme is determined by a policy of insurance issued, in the form and in respect of a period not exceeding the period specified in the Scheme, by a person acting on behalf of the Central Government:

Provided that the form of policy may be such as to limit the extent and nature of the indemnity provided by the Central Govern- ment and to impose conditions subject ta which the indemnity is provided:

Provided further that the form of policy shall be such as to provide that no liability shall arise thereunder unless the premium in relation to the period in which any loss or damage occurs has been paid befcre the occurrence of such loss or damage;

( c ) that any premium under a policy so issued is payable at a rate not exceeding three per cent. per annum of the sum insured as may be specified in the Scheme:

Provided that nothing in this clause shall prevent the securing by the Scheme of different rates of premium in relation to properties of different descriptions insurable under this Act owned by any undertaking to which this Act applies;

(d) that the amount of any one premium payable under a policy so issued is not less than such sum as may be specified in the Scheme.

(4) The Scheme may provide- !

(a) for undertaking in relation to works in course of construction which, when completed, will become properties insurable under the Act and such plant and machinery' appertaining to such works as may be specified in the Scheme, the same liabilities as are undertaken by the Scheme in relation to the undertakings;

(b) that the payments due under a policy of insurance issued under the Scheme, may at the option of the Central Government

take either of the following forms, namely( -

(i) payment, within the limits of the liability assumed by the Central Government and in such manner and by such instal- inent:, as the Central Government may think fit, of the cost . necessary to restore the property as far as practicable to the condition in which it existed before the occurrence of the damage, or

OF 19711 Emergency Risks (Undertakings) Insu'rance 283

(ii) compensation, within the aforesaid limits, for the loss in value, ascertained on the basis of values and prices ruling at the time at which the policy of insurance was taken out, or a t which the loss occurred, whicl~ever is less, suil'ered by the property as a result of the damage, after due allowance has been made for depreciation during the period of insurance cover;

(c) that payments due under a policy of insurance under the Scheme may be postponed to any time before the expiry of one year from the date on which this Act ceases to'be in force, or, subject to payment of interest a t the rate of two per cent. per annum from the expiry of the said year, to any later date;

(d) for making it an express or implied condition of any policy of insurance issued under the Scheme-

(i) that the owner or occupier of a factory or owner of other undertakings mentioned in sub-section ( I ) , as the case may be, shall comply with all regulations or instructions made or issued under the authority of Government for safeguarding the property against damage from emergency risks, or

(ii) that, where the Central Government exercises its option ' to pay the cost necessary to restore the property to its original

condition the owner of the undertaking shall if so required by the Central Government, reconstruct the property or remove the property to and reconstruct i t in another locality.

(5) Different forms of policies may be specified in the Scheme under sub-section (3) in relation to different classes of undertakings.

(6) The Central Government may, by notification in the Official Gazette, add to, amend or vary any Scheme made under this Act.

(7) Every Scheme shall be laid, as soon as may be after i t is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the Scheme or both Houses agree that the Scheme should not be made, the Scheme shall thereafter have effect only in sucg tnodi- fied form or be of no effect, as the case mag be; so, however, that any ~ u c h modification or annulment shall be without prejudice to the validitv ~f anything previously done under the Scheme.

4. The Central Government may, by notification in the Official Gazette. Employ- employ or authorise the employment of any person to act as its agent for ment

of agents t.he issue of policies and making recommei~datiol~s for the settlement of by

claims und.er the Scheme, and may pay to the person SO employed such tral GOV-

remuneration as it may think fit. ernment.

5. (1) While the Scheme is in operation, every owner of an under- Duty of taking to which this Act applies, shall.- owners of

undertakings to

(a) by SUCK date as may be specified in this behalf by the Cen- insure tral Governmeul Isy notiflcalfon in the OfRcial G~zel lc . or agdinst

emergency risks.

284 Emergency Risks (Undertakings) Insurance [ACT 51

(b) in respect of property becoming property insurable under this Act after the date specified under clause (a), or in a case to which sub-section (2) refers, before the commencement of the quarter next following that in which,-

( i ) the property becomes insurable under this Act, or

(ii) the reconstruction of the property is completed,

take out a policy of inmrance against emergency risks issued in accordance with the Scheme whereby he is insured in respect of all property insurable under this Act which appertains to the undertaking for a sum which is not less than the insurable value of such property:

Provided that where the undertaking is a factory and the owner thereof is not himself the occupier of the factory, the occupier of the factory shall, unless the owner has already taken out a policy of insurance as required by this sub-section, hirnself take out the policy, and in such a case the occupier shall be deerned to act as the agent of the owner and shall be entitled to receive from the owner all sums paid as premiums on the policy: . 1 , ,

<

Provided further that in the case of a trading Corporation or body of Port Trustee? or Commissioners or any other person whose inland vessels become insurable under this Act, the Policy of insurance taken out shall be for a sum not less than the insurable value of such vessels, fuel and stores; and this obligation shall in the case of a trading Corporation incorporated outside India rest upon the manager of the principal place of business in Tndia of the Corporation.

(2) The obligation imposed by sub-section (I) includes, when the owner of the undertaking is required by the Central Government to reconstruct the property which has suffered damage, an obligation to take out an additional policy of insurance as required by the sub-section in respect of the reconstructed property.

(3) When an undertaking in respect of which a policy of insurance against emergency risks has been taken out as required by this section is transferred from one owner to another or there is a change of occupier of an undertaking which is a factory, the policy may be transferred to the new owner or occupier and such new owner or occupier shall succeed to all rights and liabilities under and in relation to the policy as if the policy had been in the first instance taken out by him.

(4) Whoever contravenes the provisions of sub-section (I) or the proviso thereto, or, having taken out a policy of insurance as required by that sub-section, fails to pay any premium which is due thereon, shall be punishable with fine which may extend to two thousand rupees and with a further fine which may extend to one thousand rupees for every day after the first on which the contravention or failure continues, and such punishment shall be without prejudice to any other penalty or liability incurred in consequence of such contravention or failure.

(5) Where any offence under sub-section (4) is tried by a Presidency Magistrate or a magistrate of the first class, then, notwithstanding anything contained in the Code of Criminal Procedure, 3898, the magistrate 5 of 1898.

trying the offence may pass any sentence authoriscd by that sub-section

OF 19711 Emergency Risks (Undkrtakings) Insurance 285

6. (1) After the date on which the Scheme is put into operation, no ?!;pi,- person shall, except ~s a person autlzorised by the Central Government ., ,,, as its agent to issue policies in pursuance of the Scheme, carry on the 'ying on

certain business of insuring undertakings to which this Act applies in India insurance against emergency I-isirs jn respect of property insurable under this Act.

(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which inay extend to five thousand rupees and with a further fine which may extend to one thousand rupees for every day after the first on which the contravention continues.

7. (1) The Central Government may, after due appropriation made Emergency by Parliament by law in this behalf, transfer in each financial year, to Risks (Un- a fund to be called the Emergency Risks ,(Undertakings) Ihsurance Fund f:iy- such sums, as may be considered necessary, not exceeding the sums Insurance received by the Central Government by way of insurance premiums Fund. under the Scheme, or by way of payments made on conlposition of offences under section 13 or by way of expenses or compensation awarded

lE98. by a Court, under section 545 of the Code of Criminal procedure, 1898, out of any fine imposed in any prosecution under this Act.

(2) There shall be paid from out of the Fund all sums required for the discharge by the Central Government of any ,of its liabilities under the Scheme, or for payments by the Central Government under section 10, or for the payment by the Central Government of the remuneration and expenses of agents employed for the purposes of the Scheme.

(3) If at any time when a payment is to be made out of the Fund the sun1 standing to the credit of the Fund is less than the sum required for the making of that payment, an amount equal to the deficiency shall', after due appropriation made by Farliament by law, be paid into the Fund as an advance out of the Consolidated Fund of India.

(4) If at any time the amount standing to the credit of the Fund exceeds the sum which, in the opinion of the Central Government, is likely to be required for the making of payments out of the Fund, the excess shall be disposed of in such manner as the Central Government mag think fit.

(5) 'The Central Government shall prepare in such form and manner as may be specified in the Schemc and shall publish either annually or a t such sllr?rtter jntervals as may be specified therein, an account of all sums received into and paid out of thr! Funtl.

8. (1) Any person authorised in this behalf by the Central Govern- Power of luent may, for the purpose of ascertaining whether or not the owner or

Central Govern-

occupier of any property required to be insured under this Act has takm to out a of insurance a s required bv this Act in respect of such obtain in-

property, or for the purpose of investigating the insurable value of any forma- property insured, or required. to be insured, or proposed Cor i~lsurance tion.

284 Emergency Risks (Unde?.takings) Inszhrance [ACT 51

under this Act, or for the purpose of estimating the damage suffered by any property insured under this Act,-

,- *, <?; (a) requirc the owner or occupier of the propcrty, or any person carrying on in India the business of fire insurance in respect of the property, to submit to him such accounts, books or other documents or to furnish to him such information as he ma.y reasonably think necessary, or

(b) at any reasonable time, enter any premises comprising or , containing the property, inspect such premises or property, and

require any person found on such premises, who is for the time being in charge thereof, or in control thereof, or whom he believes to be in possession of information relevant to his investigation, to produce to him and allow him to examine such accounts, books or other documents as he may think necessary, or to furnish to him such other infomat,ion as he may reasonably think necessary.

(2) Whoever wilfully obstructs any person in the exercise of his powers under this section or fails without reasonable excuse to comply with any demand made thereunder shall, in respect of each occaLe c l ~ ~ on which any such obstruction or failure takes place, be punishable with fine which may extend to one thousand rupees.

(3) Whoever, in purporting to comply with his obligations under this section, knowingly or recklessly makes a statement false in a material particular shall be punishable with fine which may extend to one thousand rupees.

(4) Where in any proceedings in. respect of a contravention of section 5 inrelation to any undertaking, it is proved, in relation to that under-

! ./ : ' p r ' . .,;-..:- --rq< mr 4 ; ! ,

taking- , :m

(a) that a demand for the production of a policy of insurance issued in accordance with the Scheme insuring the owner or occupier of the insurable property was duly made under this section and was not complied with, and

(b) that the person making the demand was not satisfied that there was such a policy in existence,

it shall be presumed, except in so far as the contrary is proved, that the said section 5 was being contravened in relation to that undertaking a t the time when the demand was made and continued to be contravened in relation to that undertaking at all times thereafter.

Punish- ment for giving false , inf or- matioq.

9. If any person, for the purpose of obtaining for himself or anv other -person any payment in respect of any damage due to any action of the enemy or under a policy issued in pursuance of the Scheme,-

(a) furnishes any information which he knows to be false in a material particular, or recklessly furnishes any information which is f a l s ~ in a material particular, or

(b ) with intent to deceive, produces, furnishes, sends or otherwise makes use of any book, account or other document which is false in a material particular, or

OF i9711 Emergency Risks (~ .n&rtakin~s) Insurance a87

(c) with intent to deceive, withnolds any material information, he shall be punishable with' fine which may extend to five thousand rupees, or with imprisorment for a term not exceeding three ~Yl~hthS, , or with both.

10. Where the Central Government requires the owner of an under- Payment

taking to remove the insurable property and to reconstruct it in another towards locality, the Central Government shall make to such owner, out df the Of

removal Fund, such payments, in addition to any sum payable under policy of ylsllrance, as it considers sufficient to defray the cost of the removal c~fistruc- and, if necessary, the replacement of any part of the property in res- tionof pect of which no compensation is payable. insurable

property. 11. (1) Where any person has failed to insure as, or to the full Determi.

amount, required by this Act, and has thereby evaded the payment by nation way of premium of any money which he would have had t a pay but pre-

miums for such failure, an officer authorised in this behalf by the Ceptral Gov- unpaid, ernment may determine the amount, payment of which has been so evaded, 2nd thereupon such person shall be liable, without prejudice to any other action that may be taken against him under this Act, to pay to ;he Central Government, as penalty, an amount equal to *he amount so cieiermined, and if no such payment is made on demand by the authorised officer, the amount of the penalty shall be recoverable from such person as an arrear of land revenue.

(2) A person against whom a determination is made under sub- section (1) may, within the period specfied in the Scheme, appeal against such determination to the Central Government whose decision thereon shal I be final.

12. No prosecution for any offence punishable under this Act shall. Limits- be instituted against any person except by, or with the consent of, the tion on Central Government or an authority authorised in this behalf by the P.rosecu-

Central Governmat. t~ons.

13. Any offence punishable under sub-section (4) of section 5 may, CornPo- either befo~e or after the institution of the prosecution, be compounded sitionof by the Central Government, or by any authority authorised 111 this offences. behalf by the Central Government, on payment Tor credit to the Fund of such sum as the Central Government or such authority; as the case may be, thinks fit.

14. (1) No suit, prosecution or other Iegal proceedings shall lie against of any person for anything which is in good faith done or intended to be legalpro. done under this Act. ceedings.

, 3

(2) No suit shall be maintainable in any civil court against the Cen- tral Government, or a person acting as its agent under section 4, for the refund of any money paid or purporting to have been paid as on a policy of insurance taken out or purporting to have been taken out uplder this Act. .

P S , a a v

15. '(1) The Central Government may, by notification in the Official p0,,,~,, Gazette, exempt any class or description of undertakings from the pro- exempt visions s f this Act requiring properties insurable in relation to such un- under- dertakings to be insured or to continue to bc insured under this Act; but takings.

ik8 kmerg&icy Risks ( u n & ~ l a k i ~ ) lnsu~ance ACT 51 OF 1971)~

such exemption shall not prejudice the infliction of any penalty or the accrual of any liability incurred before the date on which the exemption takes effect.

(2) In granting any exemption under this section the Central Gov- ernment may direct that the exemption shall take effect or be deemed to have taken effect on a specified date after or before the date of the notification.

Refund of 16. (1) Where any property has been insured by any owner or oc- Premiums cupier thereof for any period, and before that period has elapsed the in property or the property of that description, has ceased, by virtue of tain cases,

a notification under sub-section (1) of section 15, to be insurable under this Act, the person who has insured the property shall be entitled to a proportionate refund of the premium.

(2) Where a policy of insurance has been taken out in relation to a property whickl is not insurabie under 'chis Act and premium has been paid in relation to such policy, or where any prenzium has been paid i n respect of a, property which has ceased to be insurable under this Act, or where, in relation to a property insurable under this Act, premium has been paid in excess of the amount due undcr the policy, the person making such payment or excess payment, as the c ~ s e may be, shall be

I entitled to a refund of the whole of the amount so paid or paid in excess as the case may be.

(3) If it is established to the satisfaction of the Central Government that a policy of insurance under the Scheme has been talren out separately by two or more persons in respect of the same property, the policy taken out by any one such person may, on an application made by him and after such inquiry as the Central Government may think fit, be cancelled and thereupon the premium paid on such policy shall be refunded to the person by whom it was paid unless such person has recovered the premium from any other person, in which case, the refund shall be made to that other person:

Provided that no refund shall he made under this section unless the application for the refund is made before the expiry of six months from the date when the premium was paid.

Removal 17. If any doubt arises as to whether a person is insurable in respect of of any propgrty insurable under this Act, the Central Government may, doubts. by order, make such directions, not inconsistent with the p'-.svislons of

this Act, as appear to it to be necessary or expedient for the removal of such doubt.

I

Notifica- 18. A copy 01 every notification made by the Central Government tion under section 15, shall be laid after i t has been made, on the Table of under sectioh each IIouse of Parliament when such IIouse is i n session for a period

, 15 to be of thirty days or for the duration nf thc session in which it is so laid, laid whichever period is less. before Parlia- ment.

I ' fjE SMALL COINS (0FERNC:ESJ A.C:7', r g? r.

Na. 52 OF 1971

1,Jlth December, L97I.j

A n Act to provide for the prevention of melting or deslruction of small coins, hoarding of small coins for the purpose of cxitir~jl; or destruction thereof, and for matters connected therewith or incidental thereto.

WHEREAS an acute shortage of small coins has been felt in the country and it is necessary, in the interests of the general public, to take steps to relieve such shortage


ct, 1971. short . title and duration,

2. In this Act, unless the context otherwise requires,-- Defini. tions.

(a) "mint" means a mint of the Government of India;

( b ) "small coin" means any coin of the value of less than one 3 of 1906. rupee, which is legal tender under the Indian Coinage Act, 1906.

3 ( I ) No person shall--- Probibi- tion on

(a) melt or destroy any sillall coin, or . melting

or des-

( b ) have in his possession, custody or control- truction (I! small coins.

(i) any melted coin, whether in the molten state or in a solid state, or

T

(ii) any small coin in a destroyed or mutilated state, or , + I (iii) small coins substantially in excess of his reasonable re-

quirements in such circumstances as to indicate that he is having the possession, custody or control of such small coins for the pur.- pose of melting or destroying such small coins.

290 Jrnall Coins (~ffences)

Penalty for contravention of section 3.

Offences by companies.

Explanation.-For the purpose of determining tlie reasonable requirements of srnall coins of a person, due regard shall be had to- ,

I

ji) his total d'aily requirements of small coins,

(ii) the nature of his business, occupation or profession,

(iii) the mode of his acquisition of small coins, and

(iv) the manner in which, and the place at which, such small coins are being possessed, held or controlled by him.

(2) Whoever is found to be in the possession of any metal, which contains alloys in the, same proportions in which they have been used in the manufacture of any sinall coin, shall be presumed, until the contrary is proved, to have contravened the provisions of sub-section (I),

(3) Nothing contained in sub-section (1) or sub-section (2) shall apply t.o the mint,

4. Whoever contravenes any provision of sub-s.ection (1) of section 3 without any reasonabre excuse, the burden of proving of which shall lie on such person, shall be punishable with imprisonment for a term of nof less than three months but not more than five years.

5. ( 1 ) Where an offence against this Act has been committed by a company, every person who, at the time the offence was committed, wds in charge of, and was responsible to, the company for the conduct of its business, shall be deemed to be guilty of the offence and shall be liable ta be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any person liable to,punishment, if he proves that the offence was committed without 11;s 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 qffence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or conni- vance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such directar, 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,-

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

(b) "directorv,--,

(i) in relation to a firm, means a partner in the firm,

(ii) in relation to a svciety or other association of- individuals means the person who is entrusted, under the rules of the society or other. association, with the management of the affairs of the society or other association, as the case inay be.

::% 6. Notwithstanding anything cou:frtih"e"d in: the Code of Criminal Pro- Offences

5 of 1898. cedure, 1898, offences against this Act shall be cognizable and bailable but to be

shall not be compoundable. nizable, bailable and not com- pound- able.

7. Kotwithstanding anything contained in section 260 of the Code of Offences

sof18g8, Criminal Procedure, 1898, offences against this Act may be tried sum- may be marily by a Presidency Magistrate or a Magistrate of the first class. tried

summarily.

8. Any small coin or metal in relation to which any offence against F,,- this Act has been committed shall be forfeited lo Government. feiture.

9. Nothing in, the Probation of Offenders Act, 1958, shall apply to any P'ovisions . offence against this Act. of Act 20

of 1958 not to apply to offences under this Act.

15 of 1971. 10. The Small Coins (Offences) Ordinance, 1971, is hereby repealed. Repeal.

1'1IE FORWARD CONTRACTS (REGULATION ' AMENDMENT ACT, 1971

Short tif.le and corn- mence- ment.

Amend- l l lCl l t of: section 2. ,,

[ l l th December, 19711

An Act further to amend the rd Contracts (Regulation) Act,

BE it enacted by Parliament i enty-second Year of the Republic of India as follows:-

1. (3 ) ' This Act may be called Forward Ccjn tr acts (Regulation) Amendment Act, 1971.

(2) It shall be deemed to have e into force on the 11th day of October, 3.971.

2. In section 2 of the Forward Co s (Regulation) Act, 1952 (here- 74 of 1S52 inafter, referred to as the principal

(a) in clause (c), the word future dnte" shall be omitted;

(b) to clause (i), the followi proviso and Explanation shall be added, namely: -

'Provided that where an such contract is performed either wh\olly or in part,-

(I) by tendering of t:e documents of title to the goods covered by the contract 9 any party thereto (not being a rcmmission agent or a ba k) who has acquired ownership P o£ the said documents by purchase, exchange or otherwise, 'LO any other person (incl !I ding a cormnission agent. but no4; i rcluding a bank) ; or 1

(2) by the realisatio f any sum of money, being the difference between the ct rate and the settlement rate c.lr'clearing rate or the r f any offsetting contract; or

(3) by any other mea s whatsoever, P and as a result of which actual tendering of the goods covered by the contract or payment of the full price therefo~ is dispensed with, then, suc~lQ contraet shall not be deemed to )?n a ready deliv9ry .- contra~

3.9':

[ACT 53 OF 19711 Forward Contracts (Regulation) Amendment 293

Explanation.-For the purposes 1 of this clause,-

company as defined in ,

10 of 1949. the Banking Regulation co-operative bank as 2 of 1934. defined in the Reserve Act, 1934, [.he State

Bank of India and any and any corres- pond~ng new bank 3 of the'Bank- ing Companies Undertakings)

, 5of 1970. Act, 1970;

(ii) "commission agent' s a person who, in the ordinary course of business, s contract for the sale or purchase of goods for other a rcr~luneration (whether known as commission or which is determined jn

the contract itself or det rom the terms of the - contract, in either case, on eference to the quantity

of goods or to the price stipulated in the contract.".

3. ( 2 ) The Forward Contracts (Regul ) Amendment Orbancc , Repeal I ' Of Y71 1971 5s hereby repealed. and . saving.

(2) Notwithstanding such repeal, any done or any action taken under the principal Act, as amended by said Ordinance, shall be deemed to have been done or taken und principal Act as amended by this Act.

THE COAL BEARING AREAS (ACQUISITION AND DEVELOPMENT) AMENDMENT AND

VALIDATION ACT, 1971

No. 54 om971

111th December, 19711

An Act further to amend the Coal Bearing Areas (Acquisition and Development) Act, 1957, and to validate certain acquisitions of land or rights in or over land under the said Act.

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

Short 1. This Act may be called the Coal Bearing Areas (Acquisition and title. Development) Amendment and Validation Act, 1971.

i

8. tion and Develo Act), for th,o w

I I

j i

i ! 1

Amend- 3. In section 9 of the principal Act,- ment of b section 9. (a) in sub-sectio (I) ,-

"made by it to that effect",

may be made

[ACT 54 OF 197x1 Coal Bearing Areas (Acquisition and Developments 295 Amendment and Validation

in or over such land, covered y the same notification under sub-section (1) of section 7, rrespective ul: wl~e t l~e r one report or different reports has r have been made (wherever F required) under sub-section 2) of section 8";

(ii) for the words that, where the declaration", . the following shall be

"Provided that of any particular land, or rights in by a notification under sub-section after the commencement of the and Dew-

said notification:

lopment) Amendment Validation Act, 1971, shall be made after the expiry ree years from the date of the

Provided further that, here a declaration"; 4 (b) in sub-section (2), for the \ words "The declaration", the

words '(Every declaration" shall be sbbstituted.

4. In section 13 of the principal Act, a ter sub,-section ( 5 ) , the follow- Amend-

\ ment of ing sub-section shall be inserted, namely - section 13.

"(5A) In determining the amoun of compensation for any land acquired under section 9, any increase to the value of the other land of the person interested, likely to acc ue from the use to which the land acquired will be put shall not b ' taken into consideration.".

I 5. In section 14 of the principal Act, aft r sub-section (7), the follow- Amend- f ment of ing sub-section shall be inserted, namely: section 14.

" (8) The Tribunal, in the proceed ngs before it, shall have all the powers which a' civil court has whil trying a suit under the Code

5 of 1908. of Civil Procedure, 1908, in respect of he following matters, namely: -

(i) summoning and enforcing t e attendance of any person i and examining him on oath; I

(ii) requiring the discovery and roduction of any document;

(iii) reception of evidence on a davits; t (iv) requisitioning any publi record from any court or

office; and

(v) issuing. commissions for ex mination o f . witnesses.". I 6. In section 17 of the principal Act, in s (2), for the second A ~ ~ e n d -

ment of proviso, the following provisos shall be section 17.

"Provided further that every person ho claims to be an interest- be entitled to prefer a claim for before the Tribunal: or not) including the person proviso shall be entitled to prefer a

Provided also that no person who h s received the amount otherwise than under protest shall be entit ed to prefer any such claim before the Tribunal.". 1

296 Coal Bearing Aleas (Acquisition and Development) [ACT 54 Amendment and Validation

Insertion of new section 18A.

Payment to State Govern- ments in lieu of royalty.

7. After section 18 of the principal Act, the following section inserted, namely: - I

thing contained in this Act, where er land belonging to a State Govern- er a mining lease granted o deemed te Government to any pe son) vest er section 10 or in a G vernment Central Government or the Com-

y pay to the State Gover ment such een payable as royalty by / a lessee had .

e r - a ~ i a i - n ~ e ~ ~ e d - b ~ '

Validation 8. (I) Notwithstanding any judgment, decree or order of any court of certain acquisi- to the contrary,- tions.

(a) no acquisition of land or of rights in or over land made or purporting to have been made under the principal Act before the commencement of this Act, and no action taken or thing done (in-

. eluding any order made, agreement entered into or notification published) in connection with such acquisition shall be deemed to be invalid or ever to have become invalid merely on the ground-

(i) that one or more competent authorities have performed the functions of competent authority under the principal Act in respect of the land covered by the same notification under sub- section (1) of section 7 of the principal Act;

(ii) that one or more reports have been made under sub- section (2) of section 8 of the principal Act, whether in respect of the entire land covered by the same notification under sub- section (1) of section 7 of the principal Act or rights in or over such land, or in respect of different parcels of such land or s f rights in or over such land;

(iii) that one or more declarations have been made under section 9 of the principal Act in respect of different parcels of the land covered by the same notification under sub-section (1) of section 7 of the principal Act or in respect of rights in or over such land,

(b) any acquisition in pursuance of any notification issued under sub-section (1) of section 7 of the principal Act before the commencement of this Act may be made after such commencement and no such acquisition and no action taken or thing done (including any order made, agreement entered into or notification published) whether before or after such commencement, in connection with such acquisition shall be deemed to be invalid merely on the grounds referred to in clause (a) or any of them.

(2) Notwithstanding anything contained in clause (b) of sub-section ( I ) , no declaration under section 9 of the hrincipal Act in respect of any land, 6r rights in or over such land, which has been notified before the

O P I ~ ~ I ] Coal Bearing Areas (Acquisition and ~evelopment) 297 Amendment and Validation

commencement of this Acti under sub-section (I) of section 7 of the principal Act, shall be made after the expiry of two years from the corn- mencement of this Act.

(3) Where acquisition of any particular land (not being acquisition of rights in or over such land) covered by a notification under sub-section (I) of s e c t i o ~ 7 of the principal Act, issued before the commencement of this Act, is or has been made in pursuance of any declaration under section 9 of the principal Act, whether made before or after such corn- mencement, and such declaration is or has been made after. the expiry of three years from the date of issue of such notification, there shall be paid simple interest, calculated at the rate of six per centum per annum on the market value of such land, as determined under sub-section (5) of section 13 of the principal Act, from the date of expiry of the said period of three years to the date of tender of payment of compensation payable for the acquisition of such land:

Provided that no such interest shall be payable for any period during which the proceedings for the acquisition of any land were held up on account of stay or injuction by order of a court:

Provided further that nothing in this sub-section shall apply to the acquisition of any land where the amount of compensation has been paid to the persons interested before the commencement of this Act.

THE ARMS (AMENDMENT) ACT, 1971

NO. 55 OF 1971

113th December, 19711

An . .ct to amen$. the Arms Act, 1959. BE it enacted by Parliamen in the Twenty-second Year of the

Republic of India as follows:- 1 Short title. 1. This Act may be called tde Arms (Amendment) Act, 1971.

Amend- ment of

2. In section 2 of the l a m s 1959, in sub-section ( I ) , for clause (d), 54 of 1959.

section 2, the following clause shall be namely:-

' (d) "district magis , in relation to any area for which a Commissioner of Police n appointed, means the Commissioner of Police thereof and i s any such Deputy Commissioner of Police, exercising juris over the whole or any part of such area, as may be specifi he State Government in this behalf in relation to such area

THE COMPTROLLER AND AUDITOR-GENERAL'S (DUTIES, POWERS AND CONDITIONS OF SERVICE) ACT, 1971

ARRANGEMENT OF SECTIONS

CHAPTER I

PRELIMINARY

1. Short title. 2. Definitions.

CHAPTER I1

3. Salary. 4. Term of office. 5. Leave. 6. Pension. 7. Commutation of pension. 8. Right to subscribe to General Provident Fund. 9. Other conditions of service.

CHAPTER I11

10. Comptroller and Auditor-General to compile accounts of Union and States.

11. Comptroller'and Auditor-General to prepare and submit accounts to the President, Governors of States and Administrators ,of Union territories having Legislative Assemblies.

12. Comptroller and ~ u d i t b r - ~ e n e r a l to give information and render =istance to the Union and States.

13. Genersl provisions relating to audit.

14. 'Audit of receipts and expenditure of bodies or authorities substantially financed from Union or State Revenues.

15. Functions of Comptroller and Auditor-General in the case of grants or loans given to other authorities or bodies.

16. Audit of receipts of Union or of States.

17. Audit of accounts of stores and stock.

18..Powers of Comptroller and Auditor-General in connection with audit of accounts.

19. Audit of Government companies and corporations.

20. Audit of accounts of certain authorities or bodies.

300 Arrangemeiit of Sections

CHAPTER IV

21. Delegetion of- power 05 Comptroller and Audit0r;General. . 1 .

22. Power to, make rules.

23. Power to make regulations.

24. Power to dispense with detailed audit.

25. Repeal.

26. Removal of doubts:

THE COMPTROLLER AND AUDITOR-GENERAL'S (DUTIES, POWE'RS AND CONDITIONS OF SERVICE) ACT, 1971

No. 56 OF 1971

. [15 th December, 1971.1

Act to determine the conditions of service of the Comptroller and Auditor-General of India and to prescribe his duties and powers and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Twenty-second ~ > a r of the Republic of India as follows:-

CHAPTER I

PRELIMINARY

I. This Act may be called the Comptroller and Auditor-General's Short (Duties, Powers and Conditions of Service) Act, 1971. title.

2. In this Act, unless the context otherwise requires,- Defini- tions.

(a ) "accounts", in relation to commercial undertakings of a Gov- ernment, includes trading, manufacturing and profit and loss accounts and balance-sheets and other subsidiary accounts;

(b) "appropriation accounts" means accounts which relate the expenditure brought to account during a financial year, to the several items specified in the law made in accordance with the provisions of

20 of 1963. the Constitution or of the Government of Union Territories Act, 1963, for the appropriation of moneys out of the Consolidated Fund of India or of a State, or of a Union territory having a Legislative Assembly, as the case may be;

(c) "Comptroller and Auditor-General" means the Comptroller and Auditor-General' of India appointed under article 148 of the Cons- titution;

(d) "State" means a State specified in the First Schedule to the Constitution;

(ej "Union" includes a Union territory, whether having a Legis- lative Assembly or not.

302 Comptroller and Auditor-General's (Duties, [ACT 56 Powers and Conditions of Service)

CHAPTER I1

Salary. 3. There shall be paid to the Comptroller and Auditor-General a salary which is equal to the salary of the Judge of the Supreme Court:

Provided that if a person who, immediately before the date of assuming office as the Comptroller and Auditor-General, was in receipt of, or, being eligible so to do, had elected to draw, a pension (other than a dis- ability or wound pension) in respect of any previous service under the Government of the Union or any of its predecessor Governments, or under the Government of a State or any of its predecessor Governments, his salary in respect of service as Comptroller and Auditor-General shall be reduced-

( a ) by the amount of that pension; and

(b) if he had, before assuming office, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension; and

(c) if he had, before assuming office, received, or become eligible for receiving, a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.

Term of 4. The Comptroller and Auditor-General shall hold office for a term ofice.

of six years from, the date on which he assumes such office:

Provided that where he attains the age of sixty-five years before the expiry of the said term of six years, he shall vacate such ,office on the date on which he attains the said age:

Provided further that he may, at any time, by writing under his hand addressed to the President, resign his office.

Explanation.-For the purpose of this section, the term of six years in fespect of thercomptroller and Auditor-General holding office immediately before the commencement of this Act, shall be computed from the date on which he had assumed office.

Leave 5. (1) A person who, immediately before the date of assuming office, as the Comptroller and Auditor-General, was in the service of Govern- ment may be granted during his tenure of office but not thereafter, leave in accordance with the rules for the time being applicable to the Service to which he belonged before such date and he shall be entitled to carry forward the amount of leave standing at his credit on such date, notwithstanding anything contained in section 6.

(2) Any other person who is appointed as the Comptroller and Audi- tor-General may be granted leave in accordance with such rules as are for the time being applicable to a member of the Indian Administrative Service.

(3) Ahe power to grant or refuse leave to the Comptroller and Audi- tor-General and to revoke or curtail leave granted to him; shall vest in the President.

,OF 19711 Comptroller and Auditor-Gene~jll's (Duties, 303 Powlers and Conditions of Service)

6. (1) A person who, immediately before the date of assuming office Pension. as the Comptroller and Auditor-General, was in the service of Govern- ment shall be deemed to have retired from service on the date on which he enters upon office as the Comptroller and Auditor-General but his service as the Comptroller and Auditor-General shall be reckoned as continuing approved service counting for pension in the Service to which he belonged.

(2) Every person who enters upon office as the Comptroller and Auditor-General shall, on demitting the said office, be eligible to a pension of a sum of fifteen thousand rupees per annum which sum shall include the aggregate of all pensions payable to him and the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the Service to which he belonged:

Provided that if such a person is or becomes eligible, at any time, under the rules for the time being governing the Service to which he belonged, to a pension higher than the said sum of fifteen thousand rupees, he shall be eligible to draw, as pension, the said higher amount.

(3) A person who, immediately before the date of assuming ofice as the Comptroller and Auditor-General, was in receipt of, or, had become eligible for receiving, a pension in respect of any previous service under Government, shall, on demitting office as the Comptroller and Auditor- General, be eligible to a pension of fifteen thousand rupees per annum which sum shall include the aggregate of all pensions payable to him and the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the Service to which he belonged:

Provided that if such a person is or becomes eligible, at any time, under. the rules for the time being governing the Service to which he belonged, to a pension higher than the said sum of fifteen thousand rupees, he shall be eligible to draw, as pension, the said higher amount.

(4) Any other person who is appointed as the Comptroller and Audi- tor-General shall, on demitting the said office, be eligible to a pension of fifteen thousand rupees per annum.

(5) The person holding office immediately before the commencement of this Act as the Comptroller and Auditor-General shall be eligible to draw, at his option, pension at the rate at which it would be admissible to him if this Act had not come into force or at the rate specified in this section.

( 6 ) A person who demits office as the Comptroller and Auditor-Gene- ral by resignation shall, on such demission, be eligible to a pension at the rate of two thousand rupees per annum for each completed year of his service as the Comptroller and Auditor-General:

Provided that in the case of a person referred to in sub-section (I) or sub-section (3), the aggregate amount of pension admissible under this sub-section together with the amount of pension including the commuted portion, if any, of his pension, and the pension equivalent of the

Commuta- tion ,of pension.

Right t o subscribe to Gene- ral Provi- dent Fund. Other conditions of service.

Comp- troller and Audi- tor-Gene- ral to compile accounts

304 Comptroller and Auditor-General's (Duties, [ACT 56 Powkrs and Conditions of Service)

retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the Service to which he belonged immediately before he assumed office as the Comptroller and Auditor-General, shall not exceed fifteen thousand rupees per apnum or the higher pension referred to in proviso to sub-section (2) or sub-section (3), as the case may be.

(7) If a person who demits office as the Comptroller and Auditor- General is not eligible to any pension under this section but is eligible to a pension under the rules for the time being applicable to the Service to which he belonged immediately before he assumed office as the Comp- troller and Auditor-General, he shall, notwithstanding anything contained in this section, be eligible to draw such pension as is admissible to him under the said rules.

(8) Except where he demits office by resignation, a person holding office of the Comptroller and Auditor-General shall be deemed, for the purposes of this Act, to have demitted such office as such if, and only if,-

(a) he has completed the term of office specified in section 4, or

(6) he has attained the age of sixty-five years, or ( c ) his demission of office is medically certified to be necessitat-

ed by ill health.

7. The Civil Pensions (Commutation) Rules for tfie time being in force shall, with such adaptations as may be made therein by the Presi- dent, apply to a person who had held office as the Comptroller and Auditor-General.

, 8. ~very 'person holding office as the Comptroller and Auditor-General shall be entitled to subscribe to the General Provident Fund (Central Services).

9. Save as otherwise expressly provided in this Act, the other conditions of service of a person holding office as the Comptroller and Auditor- General including his emoluments during any period of duty out of India and his travelling allowance while travelling on duty, shall be determined by the-rules for the time being applicable to a member of the Indian Administrative Service holding the rank of Secretary to thc Government of India:

Provided that nothing in this section shall have effect so as to give a person, who immediately before the date of assuming office as the Comptroller and Auditor-General, was in the service of Government, less favourable terms in respect of any of the matters aforesaid than those to which he would be entitled as a member of the Service to which he belonged, his service as Comptroller and Auditor-General being treated for the purpose of this proviso as continuing service in the Service to which he belonged.

CHAPTER I11

10. (1 ) The Comptroller and Auditor-General shall be responsible-

(a) for compiling the accounts of the Union and of each State from the initial and subsidiary accounts rendered to the audit and accounts offices undcr his control by treasuries, offices or departments responsible for the keeping of such accounts; and

OF 19711 Comptroller and Auditor-Generd's (Duties, 305 --Powkrs and Conditions of Service)

(b) for keeping such accounts in relation to any of the matters ofunion specified in clause (a) as may be necessary: and

Slates.

the Governor of a State as respects t

b+t~A&-- that _the President may, after consultat~on with the Comptroller and Auditor-General, by order, relieve him from the responsibility for keeping the accounts of any particular class or character.

(2) Where, under any arrangement, a person other than the Com- ptroller and Auditor-General has, before the commencement of this Act, been responsible-

(i) for compiling the accounts of any particular service 0.r department of the Union or of a State, or

(ii) for keeping the accounts of any particular class or character,

such arrangement shall, notwithstanding anything contained in sub- section (I) , continue to be in force unless, after consultation with the Comptroller and Auditor-General, it is revoked in the case referred to in clause (i), by an order of the President or the Governor of the State, a 3 the case may be, and in the case referred to in clause (ii), by an order. of the President.

itor-General shall, from the accounts camp- r-pmm~~syms-&, pre- troller

and Audi- uding, in the case of accounts compiled tor-Gene- showing under the respective heads

the annual receipts and disbursements for the purpose of the Union, of E.?dp;;;mit each State and of each Union territory having a Legislative Assembly, and shall submit those accounts to the President or the Governor of a grJiient, State or Administrator of the Union territory having a Legislative Governors

Assembly, as the case may be, on or before such dates as he may, with ~ ~ ~ ~ f & i - the concurrence of the Government concerned, determine:

-.---- - nistrators of Union ? territories having

- -- Legisla- tive Assem- blies.

12. The Comptroller and Auditor-General shall, in so far as the ac- camp- counts, for the compilation or keeping of which he iis responsible, enable troller

and Audi- him so to do, give to the Union Government, to the State Governments tor-Gene- or to the Governments of Union territories having Legislative Assemblies, ral to

give as the case may be, such information as they may, from time to time, informa- require, and render such assistance in the preparation of their annual tionand financial statements as they may reasonably ask for. render

assistance to the Union and states!

General provisions relating to audit.

Audit of receipts and expenditure of bodies or authorities substantially financed from Union or State Revenues.

Functions of Comp- troller' and Auditor- Gene- ra l in the case of grants or loans given to other authori-

ties or bodies.

3 06 Comptroller and Auditor-General's (Duties, ACT 56 Powlers and Conditions of Service)

13. I t shall be the duty of the Comptroller and Auditor-General-

(a) to audit all expenditure from the Consolidated Fund of India and of each State and of each Union territory having a Legislative Assembly and to ascertain whether the moneys shown in the accounts as having been disbursed were legally available for and applicable to the service or purpose to which they have been applied or charged and whether the expenditure conforms to the ' authority which governs it;

(b) to audit all transactions of the Union and of the States relating to Contingency Funds and Public Accounts;

(c) to audit all trading, manufacturing, profit and loss accounts and balance-sheets and other subsidiary accounts kept in any department of the Union or of. a State;

and in each case to report on the expenditure, transactions or accounts so audited by him.

14. Where any body or authority is substantially financed by grants or loans from the Consolidated Fund of India or of any State or of any Union territory having a Legislative Assembly, the Comptroller and Auditor-General shall, subject to the provisions of any law for the time heing in force applicable to the body or authority, as the case may be, .audit all receipts and expenditure of that body or authority and to report on the receipts and expenditure audited by him.

Explanation.-Where the grant or loan to a body or authority from the Consolidated Fund of India or of any State or of any Union territory having a Legislative Assembly in a financial year is not less than rupees five lakhs and the amount of such grant or loan is not less than seventy- five per cent. of the total expenditure of that body or authority, such body or authority shall be deemed, for the purposes of this section, to be substantially financed by such grants or loans, as the case may be.

- 25. (1) Where any grant or loan is given for any specific purpose from the Consolidated Fund of India or of any State or of any Union territory having a Legislative Assembly to any authority or body, not being a foreign State or international organisation, the Comptroller and Audi- tor-General shall scrutinise the procedures by which the sanctioning authority satisfies itself as to the fulfilment of the conditions subject to which such grants or loans were given and shall for this purpose have right of access, after giving reasonable previou-s notice, to the books and accounts of that authority or body:

Provided that the President, the Governor of a State or the Ad- ministrator of a Union territory having a Legislative Assembly, as the case may be, may, where he is of opinion that it is necessary so to do in the public interest, by order, relieve the Comptroller and Auditor- General, after consultation with him, from making any such scrutiny in respect of any body or authority rccciving suclz grant or loan.

OF 1971.1 Comptroller and Auditor-General's (Duties, Powlers and Conditions of Service)

(2) Except where he is authorised so to do by the President, the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, the Co~nptroller and Audi- tor-General shall not have, while exercising the powers conferred on him by sub section ( I ) , right of access to the books and accounts of any cor-

. poration to which any such grant or loan as is referred to in sub-section (I) is given if the law by or under which such corporation has been established provides for the audit of the accounts of such corporation by an agency other than the Comptroller and Auditor-General:

Provided t h a t s o such authorisation shall be made except after consultation" with the Comptroller and Auditor-General and except after giving the concerned corporation a reasonable opportunity of making representations with regard to the proposal to give to the Comptroller and Auditor-General right of access to its books and accounts.

16. It shall be the duty of the Comptroller and Auditor-General to ~ c ~ ~ ~ ~ :

audit all receipts which are payable into the Consolidated Fund of India of union and of each State and of each Union territory having a Legislative g::eSS Assembly and to satisfy himself that the rules and procedures in that behalf are designed to secure an effective check on the assessment, collection and proper allocation of revenue and are being duly observed and to make for this purpose such examination of the accounts as he thinks fit and report thereon.

17. The Comptroller and Auditor-General shall have authority to ~ u d i t of audit and report on the accounts of stores and stock kept in any office or ~ f c ~ ~ ~ ~ ~ department of the Union or of a State. and stock

'f

18. (1) The Comptroller and Auditor-General shall in connection power6 of Comp- with the performance of his duties under this Act, have authority- troller and

(a) to inspect any office of accounts under the control of the Union or of a State, including treasuries and such offices responsible in con- for the keeping of initial or subsidiary accounts, as submit accounts :? to him; audit of

accounts (b) to require that any accounts, books, papers and other docu-

ments which deal with or form the basis of or are otherwise relevant to the transactions to which his duties in respect of audit extend, shall be sent to such place as he may appoint for his inspection;

(c) to put such questions or make such observations as he may consider necessary, to the person in charge of the office and to call for such information as he may require for the preparation of any account or report which it is his duty to prepare.

(2) The person in charge of any office or department, the accounts of which have to be inspected and audited by the Comptroller and Auditor- General, shall afford all facilities for such inspection and comply with requests for information in as complete a form as possible and with all reasonable expedition.

19. (1) The duties and powers of the Comptroller and Auditor- Audit of Govern-

General in relation to the audit of the accounts of Government comment panies shall be performed and exercised by him in accordance with the companies

and 1 of 1956. provisions of the Companies Act, 1956. corpora-

tions.

40% *# Comptroller and Auditor-General's (Duties, [ACT 56

Powkrs and Conditions of Service)

(2) The duties and powers of the Comptroller and Auditor-General in relation to the audit of the accounts of corporations (not being coin- panies) established by or under law made by Parliament shall be performed and exercised by him in accordance with the provisions of the respective legislations.

(3) The Governor of a State or the Administrator of a Union territory having a Legislative Assembly may, where he is of opinion that it is necessary in the public interest so to do, request the Comptroller and Auditor-General to audit the accounts of a corporation established by law made by the Legislature of the State or of th% Union territory, as the case may be, and where such request has been made, tge Comp- troller and Auditor-General shall audit the accounts of such corporation and shall have, for the purposes of such audit, right of access to the books and accounts of such corporation:

Provided that no such request shall be made except after consultation with the Comptroller and Auditor-General and except after giving reasonable opportunity to the corporation to make representations with regard to the proposal for such audit.

Audit of 20. (1) Save as otherwise provided in section 19, where the audit of accounts of certain the accounts of any body or authority has not been entrusted to the Comp- authori- troller and Auditor-General by or under any lawbmade by Parliament, ties or bodies. he shall, if requested so to do by the President or the Governor of a

State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, undertake the audit of the accounts of such body or authority on such terms and conditions as may be agreed upon

\h between him and the concerned Government and shall have, for the purposes of such audit, right of access to the books and accounts of that body or authority:

Provided that no such request shall be made except after consultation with the Comptroller and Auditor-General.

(2) The Comptroller and Auditor-General may propose to the Presi- dent or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, that he may be authorised to undertake the audit of the accounts of any body or authority, the audit of the accounts of which has not been entrusted to him by law, if he is of opinion that such audit is necessary because a substantial amount has been invested in, or advanced to, such body or authority by the Central or State Government or by the Government of a Union territory having a Legislative Assembly, and on such request being made, the President or the Governor or the Administrator, as the case may be, may empower the Comptroller and Auditor-General to undertake the audit of the accounts of such body or authority.

(3) The audit referred to in sub-section (1) or sub-section (2) shall not be entrusted to the Comptroller and Auditor-General except where the President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, is satisfied that it is expedient so to do in the public interest and except after giving a reasonable opportunity to the concerned body or authority to make representations with regard to the proposal for such audit.

'OF. 19711 Ei3mptrollw' &hd Audito~LGene~aIfs (Dutiek, 309 Powle~s l&wd Cblzditiom of Service)

t . . . ' , , < , . , . . . . L ) .. ' . : ! ! i , . C . . . , ,

MISCELLAN~ ous ; - , i . . : : , , . . : . < . : '., . , . -

21. Any power exercisable by the Comptroller and Auditor-General z~fEf$- uhder thei~ravisions~~of thisr Act: ,or any rother law may be- exercised( by poNer suoh!;otrudsrJ.& his fdepa~tment as may be awthorised bg.&im in this behalf ;:ogy~: by keneel -oi sheuia1;~qqder:: > , . and,

: - t t , . f :r l Auditop Provided that kxcept during the absence of the Comptroller and General.

-

. Psla#tor?Geaera$, $QQ il:~%yy or. .o$heyyise, .':w. officer .. shall be .,,authp~isgd, a . , to . . . , * , . . . . ..* submit on behalf of the' Con~ptroller and &di,@i-deP$<$l .any -cepprt

which the Comptroller and Auditor-General'is requked by the Constitu- 20 of 1963. %iom.,o~ bhe: :.Gb&rhrr~eh& .of - Uniod Teri.itdr&' A&, j d9CjZ. to subr&i to: ,$he

" Rr&&&en$'.ob:.%he ' @.&krnijrt bf. ,,a ;State;.or- .+he c&Jn&-&$xWojr: of- ;a te~fit&~fljha$i.fi&;:ac.;3ue$islative Kkserribly;, as;tbe: rjas&may&e.:. . , , ; ? ; , ; . , . : , . : . i,, i ;>[.,,,,,, " . t . ,

22. (1) The Central Government may, after. qppq~&&op 4 t h the Power to make Comptroller and Auditor-General, by notification in the Official Gazette,

make rules for carrying 0v.t the provisions of this Act in so far as they relate to the maintenance of accounts.

(2) In particular, and without prejudice to the generality of the fore; going power, such rules may provid'e for all or any of the following mat-

I ters, namely: - (a) the manner in which initial and subsidiary accounts shall be

kept by the treasuries, offices and departments rendering accounts to audit and accounts ofiices; I

4 (b) the manner in which the accounts ny particular service .L 'I; L~U;.OYY w

or department or of any particular class o racter, in respect of s k c BhCL

which the Comptroller and Auditor-General has been relieved from the responsibility of compiling or keeping the accounts, shall be compiled or kept; I

(c) the manner in which the accounts of stores and stock shall be kept in any office or department of the Union or of a State, as the' case may be; ,

(d ) any other matter which is required to be, or may be, prescribed by rules.

t (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 gs which may be comprised in one , and if, before the expiry of tke- . . -$&54%&)~k%f?, both

Houses agree in making any modification in the rule or both Houses acree that the rule should not be made, the rule shall thereafter have d e c t only in such modified form or be of no effect. as the case mav be: SO, however, that anv such mod-ification or annulment shall be without prejudice to the validity of anything previouslv done under that rule.

Power to 23. The Comptroller and Av.ditor-General is hereby authorised to make

make regulations for carrying into effect the provisions of this Act in ~ftt:,~~' so far as they relate to the scope and extent of audit, including laying

310 Comptroller - and Auditor-General's (Duties, [ACT 56 OF 19711 Powkrs and Conditions of Service)

down for the guidance of the Government Departments the genexal principles of Government accounting and the broad principles in regard to audit of receipts and expenditure.

Power to 24. The Comptroller and Auditor-General is hereby authorised to dispehsk dispense with, when circumstances so warrant, any part of detailed audit with detaped' of any accounts or class of transactions and to apply such limited check audit. in relation to such accounts or transactions as he may determine.

Repeal. 25. The Comptroller and Auditor-General (Conditions of Service) Act, 1953, is hereby repealed. 21 @f 1953.

Removal ' 26. For the removal of doubts, it is liereby declared that on the corn- of doubts.

mencement of this Act the Government of India (Audit and Accounts) - Order, 1936, as adapted by the India (Provisional Constitution) Order,

, 1947, shall cease to be in force except as respects anything done or dny action taken thereunder.

THE VISVA-BHARATI (AMENDMENT) ACT, 1971

No. 57 OF 1971

i [15th December, 19711

An Act hrther to amend the Visva-Bharati Act, 1951.

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

1 * ,

1. ( 1 ) This Act may be called the Visva-Bharati (Amendment) Act, Short

1971. title ahd commencement.

(2) I t shall be deemed to have come into force on the 3rd day of Nov- ember, 1971.

4 XY

substituted, namely

bers, namely: -

(Chancellor), ex-oficio;

(Vice-Chancellor) and the members ;,

(Executive Council), ex-oRcio;

achiva (Treasurer), ex oficio; I

Professors of the university, to be nominated by the

(e) two persons fro among the teachers, other than the Pro- fessors, to be by the Paridarsuka (Visitor) ;

(f) three of Parliament, of which two to be hominated by the Lok Sabha from among the mem-

by the Chairman of the

nominated by the Parida~saka (Visitor) in the opinion of the Paridarsaka (Visi- in public life or have special knowledge education or have rendered eminent ser-

. .

1 [, )'; l.., 1 :i , /.- ;p.. ;. 4 i ; ' . . . . . .. Association to be nominated

ofjicio members of the Sam-

Substitu- 4, section shall be sub- tion of stituted, name&:- , nem- eec- tion for section 21. , . . . Functions "21. The Sumsad (court shall be ah''ge#?io~$ i j l&~~ add-',ig~si-'. of the .---

Samsad (Cougtl)\,r, - ,

. . ge). ; a;dr~ise,:, the.. . &r;li -ays&ai :;(Xisit:oF) : , . in kt&pect !' df 3 such . . matter as he may refe to, it for advice; ? f , $ > a ' . , . , 5 . 1 A .

. . ..,.. (b) advise any rity of the University in respect of such - , ' . '1 .,;qa$ti$r,;as .,may it b.g:,uoh 'au2420pi6y.i &,dl; r ! : ': '1

(c) perform such ot er duties and exercise such othB'!p.ow,ers: as may be assigned to it y or under this Act or the Statutes made

-. . ' . / . . . . . . , . . : er,e%,d,er <or by, the . ;q+da,~sakai', {'iTsi$fto$);:tts:-{$j - c: ; .:i';i . -- I ' i: . j. . !:.c; !

' - = ,5+.& section .22! :of t h e pr\& eipal! :Aqt,- 4w,-1&~ ~ r d s l : ' T & k !?IQr~lI:vi,. ment of Samiti", the words "Subject to the control of t I r , ~ ~ y ~ ~ d a ~ s ~ ~ ~ ; , ( , ~ i s i , @ ~ & , section 22; the Rarm.a-Samiti" shall be su stituted. . . i Amend- ; . '7.1 ; $hi deetibii' 28.i i>f ..the ~ : ~ ~ , i $ ) & l i su;bis&t~o& ~$2') 90' . (8) . , the fol- merit of iowing sub-sc&i~ns i nammely:&. ; ,..<,:,:;' ~. ::,: [ s . .

section 28. " (2) The Statutes ay be amended, repealed or added to by Statu-

tes made by ithe (ExecutivG C6ul;lciP).

(3) The K a ~ m n - S a iti (Executive Council) shall not propose tlie draft of any Statute aff the status, powers or constitution of any

" ~t iUor i@ of the University such authority has been given an op- pbrtunity.of expressing the upon the proposal and any opinion so expressed shall be in and shall be submitiOed to the

I Ptlr~onsaka (Visitor).

(4) Every new Statute or ddition to a Statute or any amendment or repeal of a Statute shall be ubmitted to the Paridarsaka (Visitor)

'Who may assent to it or withh Id his assent therefrom'or remit it to ~&b~~Ka?*mai.Samiti (Executive t ouncil) for further consideration.

I (53 A Statu6e passed by t e Karma-Samiti (Executive Council)

:rshdl( have ho validitjr until it h s been assented to by the Paridarsaka (V)i$itoc) .".

8. I n section 30 of the principal ct,- i Amend- ment cd (i) in ,sub-section (3), the words "and the Samsad (Court), and section 30.

shall be considered by the Sa sad (Court), at its next succeeding +meeting' shall be omitted;

(ii) for sub-sections (4) to (7), the following sub-sections shall I % ,

bei SubStitu&d, namely: - " (4) Where the Karm Samiti (Executive Council) has

rejected the draft of an Ord "t. nance proposed by the Siksha-Samiti (Academic. Council), the Si (Academic Council) may appeal to the Paridarsaka may pass such orders thereon as he thinks fit.

'(5) All by the Karma-Samiti (Executive Council) shall be submitted, soon as may be, to'the Paridarsaka

(Visitor) who may any such Ordinance or remit i t to the Karma-Samiti Council) for further consideration.

order.". - 1 r

substituted, namely: - tion of new section for section 35.

=be -prescribed by the Statute.". I

' 'lO?'Ihr secti'on 36 of the principal Act, t Amend- ,, ment of (i) in sub-section (3), the wor s "the Samsad (Court) and to ,,,ti, 36. shaH be omitted; and

(ii) for sub-section ( 4 ) , the foll ing sub-section shall be substi- "" 'hit~d,'namely: - t

"(4) The annual accounts an the financial estimates shall be considered by the Pal'idarsaka who may communicate his views to the Karma-Samiti Council) which shall

Substitu- tion of new section for section 41. Removal from membership sf ,the Univer- sity.

Amend- ment of Statutes.

91 4 Visva Bharati (~mendment) [ACT :S?U

take them into co n and take such action thereon 3s it thinks fit or infor idursaka (Visitor) when no action is taken, of its reas it.

11. For section 41 of ct, the following section shall" be substituted, namely: -

- - 2

"41. The Karma tive Council) may, on the r e~om- mendation of not les s of its members remove anq,person from the memb ority or board of the University

rious offence involving moral uilty of scandalous conduct and fox{.-the any degree or diploma conferred .oh, or

granted to, any pe n under this section aga&st onable opportunity of being

a1 Act, the Sta-

(i) in Statute 3, after c ause (2), the following clause shall be inserted, namely:-

"(2A) When the U acha~ya (Vice-Chancellor) by reason of leave or absence or any ther cause is unable to perform the duties of his office, the curren duties of the Upacharya (Vice-Chancel- lor) shall be performe ,-

(a) in the case of leave or absence for more than thirty days, by such Prof ssor as the Karma-Samiti (Executive Council) may app 1 int for the purpose on the recommendation of the Upucha ya (Vice-Chancellor) ;

(b) in the case f leave or absence for a period not exceeding thirty days, by uch teacher or an officer as the Upacharya (Vice-Chancellor) ay appoint for the purpose.";

(ii) in Statute 7, after item (2), the following item shall be inserted, namely: -

"(3) Dean of Stu ent Welfare."; 1 (iii) after Statute 9, namely: -

"9A. Dear (1) The Dean of

amongst the employees been teachers of the Council) on the cellor).

(2) The Dean of and perform such duties need of the University, Samiti (Executive Cour..cil) Upacharya (Vice-chancellor),

(3) The period and Student Welfare shall cutive Council) .";

the following Statute shall be inserted, > ,<

I I

of Student Welfare $. ,

Student Welfare shall be appointed, from of the University who are or who have

Uxiversity, by the Karma-Samiti (Executive recommendation of the Upacharya (Vice-Chan-

Student Welfare shall exercise such poihers either whole-time, or, depending upomthe

part-time, accordingly as the Karma- may, on the recommendation of the

direct.

terms of the appointment of the Dean of b? determined by the Karma-Sumit!. (Eke-

(iv) Statutes 10 and 11 ahall be omitted;

OF 19711 Visva-Bharati (Amendment) 3'1 5 , I I ,., (v) for Statute 13, the following Statute shall be substituted,

namely: - I "13. The Karma-Samiti (Exe utive Council) \

(1) The Karma-Samiti (Execu ive Council) shall consist of the following members, namely: -

(a) the Upacharya (Vice- d. ancellor), ex oficio; (b) seven persons of who not more than four shall be

, . :k6k Professors of the to be nominated by the Paridarsaka (Visitor) ; and

t (c) one person to be nom' ated by the Pradhana (Rec- tor) of the University.

/ ' I (2) Five members of the Kar a-Samiti (Executive Council) shall form the quorum far its rnee f ing.

I I

(3) Each member of the (Executive Council), other than the Upachrya shall hold office for

.%P ' , a term of three years from he is nominated as its member.";

I (vi) for Statute 14, the followingl Statute shall be substituted, I I namely: ,- I - $ I

"14. he ~ iksha-~ami t i (~cQdemie Council) I

I

Council) shall consist of

I r (a) the Upacharya ex officio; (b)

3 % ) i t

.i ,

the Paridarsaka (Visitor) ; and, . , 'J: . I - , :

(f) two persons, not of the University, to bk nominated by the for their specialised knowledge.

(2) Eight members of the Siksh -Samiti (Academic Council) , , shall form the quorum for its meeti g. 4

(3) Each member of the Siksha amiti (Academic Council), other than the ex oj3ici.o members sh 11 hold office for a term of three years from the date on whic he is nominated as its

F. '!" . " member."; F (vii) for Statute 16, the following S shall be substituted,

namely: - "16. The Artha-Samiti (Standing ~ i q a n e e Committee)

(1) The Artha-Samiti Committee) shall consist of the following

(a) the Upacharya ex e c i o ; A ,

(b) two persons to the Paridarsaka (ViSitor) ;

- - ,

(c) one Professor of the niversity to be nominated by the Karma-Samiti (Executive Council) ; and F

(a) the Artha-Sachiva ( reasurer), who shall be the Secretary thereof.

(2) Four members of the Art a-Samiti (Standing Finance Committee) shall form the quoru for its meeting.

(3) Each member of the AT ha-Samiti (Standing Finance Committee), other than the Up harya (Vice-Chancellor) , shall hold office for a period of three y ars from the date on which he is nominated as its member."; i

, , (viii) for Statute 19, the ng Statute shall be substituted, namely:- __ I

"19. patha- ami it is (Bbards of Studies)

(1) There shall be sep rate Patha-Samitis (Boards of Studies) for each of the follo il ing, namely:-

I (i) school studies;

(ii) each subject of tli - t (a) under-graduat studies, and ti (a) post-graduate itudies.

(2) The constitution of Patha-Sumitis (Boards of Studies) shall be such as may by Ordinances.

(3) It shall be the duty E each Patha-Samiti (Board of Studies) to make to the Sibha-Samiti (Acade- mic Council) regarding-

(i) courses and of studies and text-books for its subject or subjects ich it is concerned;

(ii) fellowships, schol medals and prizes in the subject or subjects with

(iii) combination of su jects permitted in the various courses; and 1

(iu) the names of exa&iners('; 1

(ix) after Statute 19, the follbwing Statute shall be inserted, namely : - i

"19A. Adhyakshas. (Pro cipals) of Colleges t (1) Thece shall be an

College.

(2) Each Professor cording to seniority, College for a period _ A

Visva-Bharati (Amendment)

Provided that if there is no sor in the College, a senior teacher shall be asked by the harya (Vice-chancellor) to act as the Adhyaksha (Principal such time as a Professor is appointed:

Provided further that the ya (Vice-Chancellpr) may on the written request of the or senior teacher, as the case may be, exempt such Pr teacher from having to work as the Adhyaksha (Fri accept the resignation of an Adhyaksha: (Principal) du nure of his office as such, if the Upachrya (Vice-Chan atisfied with the reasons given by him for such

E~1anation.-For t Statute, a Professor shall be senior to a Reader and a e senior to a Lecturer.

(3) For the purpose of ere shall be maintained separate common seniority ely, in relation to the Professors, Readers and Le in the various colleges of the University.

(4) If a question arise of any Professor, Reader or Lecturer, as the ca shall be determin-

ed by the Karma-Samiti

( x ) in Statute 21, in cl ) shall be omitted;

(;ci) in Statute 22, in c pproval of two- thirds of the members prese Samsad (Court) and the" shall be omitted;

(xii) after Statute 46, the followin Statute shall be inserted, namely: - k "47. Maintenance of discipline amongst s udents of the University

(1) All powers relating to disci line and disciplinary action in relation to students of the Unt ersity shall vest in the Upacharya (Vice-Chancellor) .

h (2) The Upacharya (Vice-Chan ellor) mag delegate such of

his powers as he deems proper o the Chatra-Parichalaka (Proctor) and to such other person as he may specify in this

Chancellor).

i behalf and the powers so delegated &all be exercised under the direction, supervision and control of the Upacharya (Vice-

(3) Without prejudice to the gen ality of his powers relating to the maintenance of discipline e taking of such action in the interests of maintenance of s may seem to him appropriate the Upacharya (Vice-Ch llor) may, in the exercise of his powers aforesaid order or dire t any student or students be expelled, or be, for a stated per sticated, or be not, for a stated period, admitted to a course rses of study or be fined in a sum of rupees that may be speci e debarred from taking examination or examinations for o ore years or that the results of student or students co the examination or examinations in which he or they ha appeared, be cancelled.

(4) Without prejudice to the of the Upacharya (Vice- Chancellor) and the (Proctor) as aforesaid,

detailed rules of allall 130 fralned. by the University.".

4 Law-42. 1 ,

31 8 Visva-Bharati (Amendment) IACT 57 OF 197x1

Transi- 13. (1) Every person holding office as a member of the Samsad tional provi- (Court), Karma-Samiti (Executive Council), Siksha-Samiti (Academic sions. Council), Artha-Samiti (Standing Finance Committee) or a Patha-Samiti

(Board of- Studies), as the case may be, immediately before the ' corn- mencement of this Act shall, on and from such commencement, cease to hold office as such:

Provided that where any such person held, immediately before such date, any other office in the University, nothing contained in this sub-seetion shall be construed as affecting his continuance in such other ofice.

(2) Until the Samsad (Court), Karma-Samiti (Executive Council), Siksha-Samiti (Academic Council), Artha-Samiti (Standing Finance Corn- mittee) or a Patha-Samiti (Board of Studies), as the case may be, is constituted in accordance with the provisions of the principal Act as amended by this Act or the Statutes as modified by this Act, the Parichrsaka (Visitor) may, by general or special order, direct any officer of the University to exercise the powers and perform the duties conferred or imposed by or under the principal Act as so amended or the Statutes as so modified on the Samsad (Court), Karma-Samiti (Executive Council), Siksh1~-Samiti (Academic Council), Artha-Samiti (Standing Finance Committee) or the Patha-Samiti (Board of Studies), as th'e case may be.

THE APPROPRIATION (RAILWAYS) No. 3 ACT, 1971

I , 115th December, 1971.1

An Act to authorise payment and appropriation of certain further sums from and out of the .Consolidated Fund of India for the service of the financial year ~971-72 for the purposes of Railways.



1. This Act may be called the Appropriation (Railways) No. 3 Act, short

1971. title.

2. From and out of the Consolidated Fund of India there may be paid g;~e'="

and applied sums not exceeding those specified in column 3 of the Sche- 30.07.000 out of

dule amounting in the aggregate to the sum of thirty lakhs and seven the Consoli-

thousand rupees towards defraying the several charges which will come dated Fund of in course ~f payment during the financial year 1971-72, in respect of the. India for

services relating to Railways specified in column 2 of the Schedule. the financial year

3. The sums authorised to be paid and applied from and out of the A~PT?-

Consolidated Fund of India by this Act shall be appropriated for the pnatlon,

services and purposes expressed in the Schedt~le in relation to the said

Appropriation ( ~ a i l w a ~ s ) NO. 3 [ACT ' jg OF 1971j

THE SCHEDULE (See sections 2 and 3)

No. Of Vote

$el-vices and purposes Sums not exceeding 8-

Rs. Rs. Rs. 14 Construction of New Lines-Capital and

Deprecia:ion Reserve Fund . . . IloOO . . 1,000

15 Open Line Works-Capital, Depreciation Reserve Fund and Development Fund - 30,06,0oo I ~ O , O ~ , O O O

-- TOTAL . . 3olo7,o0o 30,07,000

'THE NAVAL AND AIRCRAFT PRIZE ACT, 1971

NO. 59 OF 1971

[16th December, 1971.1

An Act to provide for the establishment and procedure of Prize Courts and for matters connected therewith or incidental thereto. I

BE it enacted by Parliament in +he Twenty-second Year of the Republic


1. This Act may be called the Naval and Aircraft Prize Ast, 1,971. Short title.

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

(a) "aircraft" has the meaning assigned to it in clause '(ii) of

section 4 of the Force Act, 1950;

(b) "aircraft papers'' includes all books, passes, charter parties, bills of lading, customs receipts, manifests, certificates, licences, lists, tickets, notes, letters and other documents and writings delivered up

or found on board a captured aircraft;

(c) "Armed Forces" means the Army, Navy and Air Force or any part of any one or more of them and includes any other armed

'

force in the service of, or employed with, the Army, Navy or Air Force during hostilities;

3 22 Naval and Aircraft Prize [ACT 59

( d ) "goods" includes all such things as may be subject to adjudication as prize, but in the case of a naval prize does not include any aircraft or boat unless the aircraft or boat is a part of the cargo of a ship;

( e ) r'Prize Court" means a prize court established under section 3;

(f) "Indian citizen'' includes a company registered in India and having its principal place of business in India;

(g) "military aircraft" means any aircraft belonging to the Arm- ed Forces and includes any armed aircraft in the service of the Armed Forces and any other aircraft used as a transport or auxiliary or in any other way for the purpose of prosecuting or aiding hostilities;

(h) "prize" means anything which, subject to this Act and the rules made thereunder, may be subjected to adjudication and includes a ship or an aircraft and goods carried therein, irrespective of whether the ship is captured at sea or seized in port or whether the aircraft is on or over land or sea a t the time of capture or seizure;

(i) "ship" includes a vessel and a boat with the tackle, furniture and apparel of the ship, vessel or boat.

(j) "ship-of-war" means any ship belonging to the Armed Forces and includes any armed ship in the service of the Armed Forces and any other ship used as transport or auxiliary or in any other way for the p u r p s e of prosecuting or aiding hostilities;

(k) "ship papers" includes all books, passes, sea briefs, charter parties, bills of lading, customs receipts, manifests, certificates, licences, lists, tickets, notes, letters and other documents and writings delivered up or found on board a ship captured a t sea or seized in port.

E~tabli&t 3. (1) The Central Government may, tby notification in the Official merit of Gazette, coilstitute from time to time as many Prize Courts as the Central Prize Government may determine to' exercise the powers and discharge the Churts. functions conferred on a Prize Court by this Act and every such Prize

Court shall exercise1 jurisdiction within the local limits of such area or areas as rrmy be specified by the Central Government in the said notification.

(2) Every Prize Court shall consist of such one or more than one member as the Central Government may from time to time deem it necessary to appoint.

'\

(3) A person shall not be qualified for appointment as a member of a Prize Court unless he is a citizen of India and has been or is qualified to' be appointed as a Judge of a High Court.

(I) Subject to the provisions of section 18, the conditions of service of a member of a Prize Court shall be such as the Central Government may by order determine. I

bp t 9 p j Naval and Aircraft Prize 323

4. (1) Notwithstanding anything contained in any other law for the Juris- time being in force, every Prize Court shall have exclusive jurisdiction diction in respect of each prize and each proceeding for the condemnation of Of Prize

Courts property as prize, whether such prize is talcen before or after the corn- inprize mencement of this Act, if the prize is- cases.

(a) brought into or seized within the territory of India;

(b) brought into or seized within a locality in the temporary or permanent possession of, or occupied by, the Armed Forces of the Union; or

(c) appropriated for the use of the central Government,

and is brought within the territorial jurisdiction of that Prize Court: '

Provided that in the case of a Naval prize, the Prize Court shall have jurisdiction only if the prize captured or seized is brought to a port or place lying within the territorial jurisdiction of that Prize Court.

(2) Every Prize Court shall also have exclusive jurisdiction in respect of a prize in which the prize property-

(a) is lost or entirely destroyed; or

(b) cannot be brought in for adjudication because of its nature and condition.

(3) Without prejudice to the generality of the powers conferred by sub-section ( I ) , a Prize Court shall take cognizance of and judicially proceed upon all manners of captures, seizures, prizes and reprisals of all ships, vessels, aircrafts and goods that are captured or seized, and shall hear and determine the same, and in accordance with this Act and rules made thereunder, shall adjudge and condemn all such ships, vessels, aircrafts and goods belonging to any country or State or the nationals, citizens or subjects thereof, as may be captured or seized as prize during a war or as a measure of reprisal during an armed conflict or in the exercise of the right of self-defence.

(4) Notwithstanding anything contained in this section, the Prize Court may in respect of any matter for which no provision or insufficient provision is made, by or under this Act, apply the principles of the International Law regulating that matter.

5. (1) Where proceedings are pending in any Prize Court against any Transfer ship, aircraft or goods, the Prize Court may, at any stage of the proceed- of eases.

ings, on application being made by the proper officer of the Central Gov- ernment and upon being satisfied that the proceedings so far as they relate to the ship, aircraft or goods, or any part thereof, would be more conveniently conducted in another Prize Court, make an order remitting the proceedings or the proceedings so far as they relate to the ship, aircraft or goods, or any part of the goods, as the case may be, to such other Prize Court.

(2) Where any proceedings have been so remitted to another Prize Court, that other Prize Court shall have the same jurisdiction to deal with the matter as if the subject matter of those proceedings had originally been seized within ilk jurisdiction or brought within its jurisdiction after capture or seizure, as the case may be, and any order made or action

Naval and Aircraft Prize 324 [ACT 39

saken in those proceedings before the order of remission shall be deemed to have bccn made or talcen by or in that Court.

Appeals. 6. (1) Any person aggrieved by an order or decree of the Prize Court may prefer an appeal to the Central Government within a period of ninety days from the date on which such order or decree has been made.

(2) The provisions of sections 5 and 12 of thme Limitation Act, 1963, 36 of 1963.

shall so far as may be, apply for computation of the period specified in sub-section (1).

General 7. (1) A Prize Court shall, for the purposes of this Act, have the same of powers as are vested in a Civil Court while trying a suit under the Code

Prize Courts. of Civil Procedure, 1908, in respect of the following matters, namely:- 5 of 1908.

(a) summoning and enforcing the attendance of persons ,and examining them on oath;

(b) requiring the discotrery and.production of documents;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copies thereof from any court or office;

(e) issuing commissions for the examination of witnesses or documents;

(f) any other matter which may be prescribed by rules.

(2) Without prejudice to the provisions of sub-section (I), every Prize Court shall have the power to enforce-

(a) ahy order or decree of another Prize Court passed in a prize proceedilig under this Act;

('b) any order of the Central Government passed in a prize appeal under section 6.

Procedure on capture of prize.

8. (I) Every ship and every aircraft taken as pkize and brought into' port or to a place within the jurisdiction of a Prize Court shall forthwith and without bulk broken, be delivered to the Marshal of the Court.

(2) If there is no such Marshal then the ship or aircraft shall be in like manner delivered to such person as the Central Government may appoint in this behalf.

(3) The ship or aircraft shall, subject to the orde1.j of the Court, remain in the custody of the Marshal, or the person appbinted under sub- section (2).

Ship and 9. (1) The captors shall with all convenient speed after the ship or aircraft aircraft is brought into port or to a place within the jurisdiction of a papex-6 to be brought Prize Court bring the ship papers or t,he aircraft papers, as the casemay in be, into the Registry of the Prize Court. Registry.

(2) The commanding officer or the captain of the capturing ship or aircraft or the commanding officer of the captu-ridg force, or any other oficer or person seizing the ship or aircraft at any port or aerodrome or any officer designated by the commanding officer or his superior aythority as a Prize Officer or such other officer or person who was present at the capture and saw the ship papers or aircraft papers deliv6red

OF 1971) Naval and Aircraft Prize 325

up or found on board shall make oath that they are brought in ,as they were taken without fraud, addition, or subduction or alteration or else shall account on oath to the satisfaction of the Prize Court for the absence or altered condition of the ship papers or airccaft papers or any of them.

(3) Where no ship papers or aircraft papers are delivered up or found on board the captured ship or captured aircraft, the cornmailding officer or the captain of the capturing ship or aircraft or the commanding officer of the capturing force or any other officer or person seizing the ship or aircraft or the Prize Officer or such other officer or person who was present at the capture shall make an oath to that effect.

10. The provisions of sections 8 and 9 relating to ships and aircraft Goods. shiall, so far as may be, extend and apply to goods taken as prize on board a ship or aircraft and the Prize Court may direct such s o d s to be unladen, inventoried and warehoused.

11. Where a ship of a foreign State passing the seas or an aircraft of a Pre- foreign State, laden with military or victualling stores intended to be emption. carried to any place under the control of an enemy is taken in circums4 tances making it subject to adjudication as prize, and is brought under the control of the Government of India, and the purchase of such stores for the service of the Central Government appears to the said Govern- ment expedient without the condemnation thereof in a Prize Court, then the Central Government may purchase on account or for the service of the Central Government all or any of such stores.

la. Nothing in this Act shall apply to a ship-of-war or military air- Prize craft of the enemy or any other ship or aircraft owned by the enemy Proceed-

ings not whether or not registered in the territory of the enemy or goods carried to amlY therein and no proceedings of prize shall be necessary for the condemnation of such ship-of-war or military aircraft or other ship or aircraft warships or goods carried therein. and mili-

tary aircraft.

13. (1) Subject to the provisions of sub-section (2), all prizes cap- Capture to tured by the Armed Forces of the Union and condemned where neces- belong to sary in the Prize Court shall be the exclusim. property of the Central Govern- Government. ment.

(2) The Central Government may, at its discretion, out of the proceeds of the prize, make a grant of such sum of money as it deems fit to the benevolent funds of the Armed Forces of the Union.

14. (1) Where any ship or goods or aircraft belonging to an Indian Prize citizen, after k i n g taken as prize by the enemy is or are retaken from the enemy, the same shall be restored by decree of a Prize Court to the owner on his paying to the Central Government as prize salvage one- eighth part of the value of the prize to be decreed and ascertained by the Prize Court or such sum not exceeding one-eighth part of the esti- mated value of the prize as may be agreed upon between the owner and the Central Government and approved by the order of the Prize Court:

Provided that where the recapture is made in the circumstances of special difficulty or dange?, the Prize Court may il il tl~inks fit award to the Central Government as prize salvage a larger part than one-eighth but not exceeding in any case one-fourth part of the value of the prize:

326 Naval and Ail-craft Prize [ACT 59

Provided further that where a ship or aircraft after being so taken - is set forth or used by the enemy as a ship-of-war or military aircraft, the aforesaid lxovision for restitution shall not apply and subject to such compensation to the owner as the Prize Court may determine, the ownership of such ship or aircraft shall vest in the Central Government.

(2) Where a ship belonging to any Indian citizen, after being taken as prize, is retaken from the enemy, such ship may, with the consent of the recaptors, prosecute her voyage and it will not be necessary for the Central Government to proceed to adjudication till her return to a port in India.

(3) The master or owner of the ship or his agent may, with the consent of the Central Government, unload and dispose of the goods on board the ship before adjudication.

(4) In case the ship does not return within six months to a port in India, the Central Government may nevertheless institute proceedings against the ship or goods in a Prize Court and the Prize Court may thereupon award prize salvage as aforesaid and may enforce payment thereof.

(5) The provisions of sub,-sections (2), (3) and (4) shall mulatis mutandis apply also to an aircraft belonging to any Indian citizen which, after being taken as prize, is retaken from the enemy.

Offencesin 15. Every person who is guilty of a prize offence, that is to say, 'an respect offence which if committed by a person subject lo naval law would be of prize. punishable under section 63, section 64, section 65, section 66 or section 67

of the Navy Act, 19'57, shall be punished with imprisonment which may 62 of extend to two years-or with fine or both. 1957.

Indemnity 16. (1) Notwithstanding anything contained in any other law for the against time being in force, no suit, prosecution or other legal proceedings shall legal proceed- lie against any officer of the Armed Forces of the Union or any other

ings. person for anything which is in good faith done or intended to be done + pursuance of this Act or any rules made thereunder.

1

(2) Save as otherwise expressly provided under this Act, no suit or other legal proceedings shall lie against the Central Government for any damage caused or likely to be caused by anything in good faith done or intended lo be done in pursuance of this Act or any rules made thereunder. k I ;<-n;- ?

Power to 17. (1) The Central Government may, by notification in the Official make Gazette, make rules for regulating the practice and procedure of a Prize rules. Court and for generally carrying out the purposes 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) the institution of cases, issue and service of writs, summons and other processes, and entering appearance and making,of claims;

(b) aEdavits concerning ship papers or aircraft papers and other affidavits to be or which may be made in a Prize Court or for

/ the purpose of proceedings in 3 Prize CourG

OF 19711 Naval and Aircraft Prize 324

(Ic) pleadings, particulars, discovery and inspection of documents , and. facts, evidence and hearing;

(a) issue of warrants for arrest of prize, and deteritton of prize;

(e) sale, appraisement, safe custody and inspection of prize;

(I) bail and release;

(g) requisition by Central Government of ships, aircraft or goods in the custody of a Prize Court;

(h) appointment of assessors and their fees; k i

(i) enforcement and execution of decrees and orders;

(j) stay of proceedings;

(k) costs of or incidental to any proceedings in the Prize Court and as to the fees to be charged in respect of proceedings therein and as to the taking of security of costs;

(1) procedure for hearing appeals and other matters pertaining to appeals;

(m) appointment, duties and conduct of the officers of a Prize Court and costs, charges and expenses to be allowed to petitioners therein ;

(n) the manner in which and the conditions subject to which the right of visit, search, detention or capture of any ship or aircraft or goods thereon may be exercised and the penalty for impeding the exercise of any. such right;

(0) the manner in which any such ship or aircraft or goods seized by or under the authority of any officer of the Armed Forces of the Union shall be kept in custody or disposed of;

(p) the conditions for declal'ing any ship or aircraft or cargo thereon as hostile and for condemnation thereof;

(q) the manner in which a ship or aircraft recaptured from the enemy may be disposed of;

(r) the conditions subject to which a right of unhindered passage may be allowed to a ship or aircraft within the territory of India on the outbreak of hostilities or an armed conflict on the basis of reci- procity;

(s) any other matter which may be, or is required to be, prescribed by rules.

(3) All rules made under this section shall be laid, as soon as may be, after they are 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 making any modification in the rules or both Houses agree that the rules should not be made, the rules 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 those rules.

J subs, 9 czr 2, 19s-s~ s- r 4 s A , CU % < % r S - i rqg(-!?

328 Naval and Aircraft prize [ACT 59 OF 19711

bissolu- 18. The Central Government may at any time when there is n o tionof priee procmding pcnding bcforc o Prizc COurt dissOlve that W z e Court, Prize C,u~, . and make such further orders as to the custody d the records of that

Court as may be considered necessary. I

Repeals. $9. The Naval Prize Act, 1864, the Naval Agency and Distribution Act, 1864, the Prize Courts Act, 1894, the Prize Courts Procedure Act, 1914, the Prize Courts Act, 1945, the Naval Prize Act, 1918, the Prize Act, 1939; in so far as they apply in India are hereby repealed.

Savings. 20. Nothing in this Act shall- ;

(a) give to the officers and seamen of the Indian Naval ships or officers and airmen of the Indian Military aircraft or 'to any other person concerned in the capture of the prize any right or claim in or to any ships, aircraft or goods taken as prize or the proceeds thereof: or

(b) affect the operation of any existing treaty or convention with any foreign State; or

(c) take away or abridge the powers of the Central Govern- ment to enter into: any treaty or convention with any foreign s ta te containing any stipulation that the Central Government may deem appropriate concerning any matter to which this Act relates.

THE APP~ROPRIATION (NO. 4) ACT, 1971

C23.f.d December, 1971.1

An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year 1971-72,

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

1. This Act may be called the Appropriation (No. 4) act, :1971. Short title. d I

2. From and out of the Consolidated Fund of India there may be paid ~ssue of I and applied sums not exceeding those specified in column 3 of %he &he- Rs. dule amounting in the aggregate to the sum of one hundred and ninety- 11998061

71,OOQ nine crores, six lakhs and seventy-one thousand rupees f owards-defmying out 1 the several charges which will come in course of payment-,during the the con- I

financial year 1971-72, in respect of the services specified in c~ lumn 2 of solldated the Schedule. Fund of

India for the year 1971-72.

3., The sums authorised to be paid andaappli,ed ' f r m apd out of the Appro- Consolidated Fund of India by this Act shall be ,apprupiatad for the v i a - .. ..

tion. services and purposes expressed in the Schedule in relation to the said year.

I

Appropriation (No. 4) [ACT 60 OF I 9 7 I]

THE SC'HE;DULE

(See sections ,2 and 3)

NO. of

V0t' I Sums not exceeding

F p r v i ~ p c nnd nnrnncrs - -1- --

- - 1 Rs. ( Rs. 1 Rs.

Defence Services, Effective . , . . 1 . . I 8,000 I 8,000

Other Revenue Expenditure of Vitta MantralayalMinistry of Finance . . .

Grants-in-aid to State and Union Territory Govern- ments . . . . .

Other Revcnue Expenditure of Videsh Vy,qpar Mantra- IriyiiIMmistry of Foreign Trade . . .

Chandigarh . . . . . 1 Industries . . . . I Shram Aur Punarvas Mantra-

1ayaIMinistry of Labour and Rehabilitation . . .

Other Revenue Expenditure of -Ispat Aur Khan Manttalayal Ministry of Steel and Mines

Qg~l Outlay of Videsh Vyapar antraliya Ministry df 1 - '

, j l Foreign Trade . . . 1,000

Rajya Sabha . . , , . . Loans and Advances by the

Central Government . .

Capital Outlay on Roads I . . ' I

. .

29,76,4~-

Capital ,Outlay of Ispat Aur Khan Mantralaya /dinistry of

' , Stekl znd Mrnes . . 59,02,20,000 I Other Capital Outlay of Nau-

wahan Aur Parivahan Man- tralayalMinistry of Shipping and Transport . .

Dehi Capital Outlay . I

4,50,01,000

Capital Outlay on Posts and Telegraphs (Not met from Revenue) . . .

THE PUNJAB APPROPRTATION (No. 2) ACT, 1971

[23rd D e c e m b e r , 1911.1 .

An Act to authorise payment and appropriation of certain further' sums from and out of the Consolidated Fund of the State of Punjab for the services of the financial year 1971-72.

\


1. This Act may be called the Punjab Appropriation (No. 2) Act, ?I,,,~ 1971. title.

<

2. From and out of the Consolidated Fund of the State 'of Punjab Psueoj there may be paid and applied sums not exceeding those spe&ified in

31.83 c o l d 3 of the Schedule amounting in the aggregate (inclusive of the sums specified in column 3 of the Schedule to the Order made by the from President on the 17th day of October, 1971 under article 357 of the Con- z:,"lt stitution and published with the kotification of, the Governm,ent of India Consoli- in the Ministry of Finance No. S.O. 4033 of the said date) to9the sum of dated

Fund of thirty-one crores, eighty-three lakhs, twenty-seven thousand and eighty the rupees towards defraying the several charges which will come in course ofpunjab of payment during the financial year 1971-72, in respect of ,the services for the

financial specified in column 2 of the Schedule. year 1971- 72.

3. The sums authorised to be paid and applied from and out of the A ~ ~ ~ ~ - Consolidated Fund of the State of Punjab by this Act shall be appropri-. prlatlon. ated for the services and purposes expressed in the Schedule in relation $0 the said year.

I 3 31 , - , % I

THE SCHEDULE

(See sections 2 and 3) ..

Sums not exceeding 0

No. of Services and purposes ----- vote ( 1 Voted by 1- Charged on 1 Total

Parliament the Consoli-

I I I dated Fund I

State Excise Duties , . Other Taxes and Duties . Registration fees . Parliament, Statelunion Ter-

ritory Legislatures . . General Administration . Jails . . . Polioe . . . Scientific Departments ,

Education , . . . Agriculture , . ,

Animal Husbandry , ,

Industries . Community Development

Projects, National Externion Scrvice and Local Develop- ment Works .

Labour and Employment . Miscellaneous, Social and

Developmental Organisa- tions . . . .

Multipurpose River Schemes

Irrigation (Works+Irrigation, Navigation, Embankment and Drainage Wdrks (Nbh- Commercial) . . .

Charges on Irrigation Estab- lishment .

Public Works. ,

Road and Water ~ r a n s ~ o r t Schemes . . .

Miscellaneous . ,

Capital Outlay on Public 46 1 Works . . . .

Capital Outlay on Road and Water Transport Schemes'

Rs.

--- Rs.

21>47,500

45,000

20,000

OF 19711 Punjab Appropriation (No, 2) 333

Sums not exceeding

No. of vote


Votek+b~. / Charged on Parlia-ment the Consoli- I dated Fund

Total

50 I Capital Outlay on Schemes of Government Trading , 13,93~IO,OOo

. . . . , a ; 2 ' 8

' I ! . : . . . ' I . I

Rs.

. . 1 13,93,1o,o~

51 I Loans and Advances by the State Government-Loans to Local Funds-Private Sar-

I ties, etc.

i TOTAL . i

10,8g,m,cmo -- 31,83,27,0~b

I

10,8g,oo,ooO - 31,76,77,230

. . - 449,850

THE COMPANIES (SURCIIARGE ON INCOME-TAX) ACT, 1971

NO. 62 OF 1971

t [23rd December, 19711

An Act to provide for the levy of a surcharge on income-tax payable in advance by companies during the financial year 1971-72 under. the Income-tax Act, 1961.


Short title.

Defini- tions.

Levy of surcharge

?:come- tax payable by companies during 1971-72.

1. This Act may be called the Companies (Surcharge on Income-tax) Act, 1971.

I

2. In this Act, unless the context otherwise requires,- 43 of 1961.

(a) "Income-tax Act" means the Income-tax Act, 1961;

(b) all words and expressions used in this Act shall pave the meanings respectively assigned to them in the Income-tax Act.

3. (1) Every company which is liable to pay advance tax under section 210 or section 212 of the Income-tax Act during the financial year commencing on the 1st day of April, 1971, shall, in addition to the advance tax so payable, pay to the credit of the Central Government on or before the 15th day of March, 1972, a further sum, by way of surcharge on income-tax, calculated at the rate of two and one-half per cent. of the amount specified in sub-section (2).

(2) The amount referred to in sub-section (1) shall be-

(i) in a case where advance tax is required to be paid by an order under sub-section (1) or sub-section (3) of section 210 of the Income-tax Act, the amount specified in such order;

(ii) in a case where advance tax is payable under sub-sectjon (1) or sub-section (2) or sub-section (3) or sub-section (3A) of section 212 of the Income-tax Act on the basis of the estimate furnished by the company, the amount of advance tax so paydAe,

334 I

[ACT 6% OF 19711 Com~anies (Surcharge on f ntom-tax) 335

(3) Any sum required to be paid by a company as surcharge on income-tax under sub-section (1) shall be paid without any notice of demand to the company in that behalf from,the Income-tax Officer.

4. If the sum required to be paid under sub-section (1) of section 3 Mode of is not paid on or before the 15th day of March, 1972, the company shall recovery. be deemed to be an assessee in default and-

(a) the company shall be liable to pay simple interest a t nine per cent. per annum from the 16th day of March, 1972;

(b) all the provisions af gections 221 to 227, sectioll 229, seca tion 231 and section 232 of the Income-tax Act and the seednd and Third Schedules to that Act and any rules made thereunder shall, so far as may be, apply as if the said provisions were the provisions of this Act and referred to surcharge on income-tax and sums ima posed by way of penalty and interest under this Act instead of, to income-tax and sulhs imposed b y way of penalty abd interest ~ n $ e r that Act and as if references to sub-section (2) of section 220 were references to clause (a) of this section.

5. Any sum paid by or recovered from a company as surcharge Credit on income-tax in pursuance of this Act shall be treated as a payment of for tax under the Income-tax Act in respect of the income of the period surcharge.

which v~ould be the previous year for the assessment year commencing on the 1st day of April, 1972, and credit therefor shall ,be given to the Cornpany for the purposes of assessment under section 140A,+sectioh 141A, section 143 or section 144 of the ~ncome-tax Act.

L r

I

, . . .,; . . , . . . . i . . . . . , ..' <. : ..

:\.,.,;. , : . : . ,. ' , , , !.: . . . ,

. J : : . . , , , , . . ii:.. . . < . . . . !.. , . . ~ ,

i r ' P ~ E JA,~$NTI S H J P P ~ G COM'ANY (ACQUISITION OF J

3'i, SHARES) ACT, 1971

No. 63 OF 1971

I I

I - 1 : j :,

\

[23rd December, 1971.1 I I

X: Act td pfbs$de for the acquisition of rhe shares of the ~ l ~ a n t i Shipping Company Limited in order to serve better ths shipping needs of the nation and tor facilitate the promotion and development, in the interests of the general public, of national shipping and for matters connected therewith or incidental thereto. ,


CHAPTER I

Short 1. (1) This Act may be called the Jayanti Shipping Company (Acqui- title sition of Shares) Act, 1971. and commence- (2) It shall be deemed to have come into force on the 17th day of ment. October, 1971. i:.. x , I < $4; :'

Defini- 2. In this Act, unless the context otherwise requires,- tions.

(a) "appointed day" means the date of commencement of this Act;

' . , 1 - - , !

(b) "Company" means the Jayanti Shipping Company Limited, being a company as defined in the Companies Act, 1958, having its l o f 1956.

registered office at Bombay;

t ~ c r 63 OF 19711 jayanti shipping Company (Acquisition of shares) 317

(c) "shareholder" means a person, who, immediately before the appointed day, was registered as a shareholder in the capital of the company;

(d) "Shipping Corporation of India" means the Shipping Corpo- ration of India Limited, being a Government company as defined in the Companies Act, 1956, hav~ng its registered office at Bombay;

( e ) words and expressions used but not defined in this Act I of r956. and defined in the Companies Act, 1956, shall have the meanings

respectively assigned to them in that Act.

CHAPTER I1

ACQUISITION OF SHARES OF THE COMPANY

3. (1) On the appointed day,-

( a ) all shares in the capital of the company shall, by virtue of Vesting of

this Act, be deemed to be transferred to and vested in the Central sharesof company Government free from all trusts, liabilities and encumbrances; In Central

and Govern- ment and compen- (b) as compensation therefor the Central Government shall, in sation

accordance with the provisions of section 4, pay to the shareholders therefor. the sum of rupees four crores and fifty lakhs only in the aggregate.

(2) For the removal of doubts it is hereby declared that the transfer and vesting of shares effected under clause (a) of sub-section (1) shall not be deemed to affect any right of the company subsisting immediately before the appointed day against any shareholder to recover from him any sum of money on the ground that the shareholder has not paid or credited to the company the whole or any part of the value of the shares held by him or on any other ground whatsoever.

4. (1) The amount of compensation payable under clause (b) of sub- Apportion- section (1) of section 3 to the shareholders shall be apportioned among ment and the shareholders according to the number of shares held by such share- manner of holders. payment

of compensation.

(2) The amount of compensation payable to a shareholder in accordance with the provisions of sub-section (1) shall be given to him, at his option-

(a) in cash (to be paid by cheque drawn on the Reserve Bank of India) in three equal annual instalments, the amount of each instalment carrying interest at the rate of four per cent. per annwn from the appointed day, or

(b) in saleable or otherwise transferable promissory notes or stock certificates of the Central Government issued and repayable at par, and maturing at the end of-

(i) ten years from the appointed day and carrying interest from that day at the rate of four and a half per cent. per annum, or

(ii) thirty years from the appointed day and carrying interest from that day at the rate of five and a half per cent. per annum, or

335 jayant: Shipping Company ( ~ c ~ u i s i t i d n oj Shares) [ACT 63

(c) partly3n cash (to be paid by cheque drawn on the Reserve Bank of India) and partly in such number of securities, specified in sub-clause (i) or sub-clause (ii), or both, of clause (b), as may be required by the shareholder, or

(d) partly in such number of securities specified in sub-clause (i) of clause (b) and partly in such number of securities specified in sub-clause (ii) of that clause, as may be required by the shareholder.

(3) The first of the three equal annual instalments referred to in clause (a) of sub-section (2) shall be paid, and the securities referred to in clause (b) of that sub-section shall be issued, within sixty days from the date of receipt by the Central Government of the option referred to i n . that sub-section, or where no such option has been exercised, from the latest date before which such option ought to have been exercised.

(4) The option referred to in sub-section (2) shall be exercised by a shareholder before the expiry of a period of three months from the appointed day (or within such further time, not exceeding three months, as the Central Government may, on the application of the shareholder, allow) and the option so exercised shall be final and shall not be altered or rescinded after it has been exercised.

(5) If a shareholder omits or fails to exercise the option referred to in sub-section (2)) within the time specified in sub-section ( 4 ) , he shall be deemed to have opted for payment in securities specified in sub-clause (i) of clause (b) of sub-section (2).

(6) Notwithstanding anything contained in this section, a shareholder may, before the expiry of three months from the appointed day (or within such fu;lher time, not exceeding three months, as the Central Government may, on the application of the shareholder, allow) make an application in writing to the Central Government for-

(a) the full payment of the compensation payable to him, if the compensation payable to him does not exceed rupees two lakhs; or

(b) an interim payment of an amount equal to- seventy-five per cent. of the face value of the shares in respect of which compensation is payable to him, or rupees two lakhs, whichever is greater, if the compensation payable to him exceeds rupees two lakhs,

indicating in such application whether the payment is desired in cash or in securities specified .in sub-section ( 2 ) , or in both.

(7) The Central Governmknt shall, within sixty days from the receipt of the application referred to in sub-section (6)) make the full payment or, as the case may be, the interim payment to the shareholder in accordance with the option indicated in such application.

(8) The interim payment made to a shareholder under sub-section (7) shall be set off against the total amount of compensation payable to him under this Act and the balance of the compensation remaining outstanding after such payment shall be given to the shareholder in accordance with the option exercised, or deemed to have been exercised, under sub-section (4) or hub-section (5), as the case may be:

OF 19711 Jayanti Shipping Company (Acquisition of Shares) 339

Provided that where any part of the interim payment is obtained by the shareholder in cash, the payment so obtained shall be set off, in the first instance, against the first in~talment of the cash payment referred to in sub-section (2), and in case the payment so obtained exceeds the amount of the first instalment, the. excess amount shall be adjusted against the second instalment and the balance of such excess amount, if any, against the third instalment of the cash payment.

, (9) If any dispute arises as to the person entitled to receive the compensation payable in respect of any share, the Central Government shall deposit the amount of such compensation in the court for being paid to the person or persons entitled to be paid.

CHAPTER I11

5. (1) All the shares of the company vested in the Central Govern- Alloca-

ment by virtue of this Act, except one hundred thereof, shall imme- shares

diately after they have so vested-, stand transferred to and vested in the to Ship-

Shipping Corporation of India. ping Cor- poration

(2) The Central Government may by order transfer the remaining of India shares to such persons as may be specified in the order to enable the and

company to function as a Government company. certain other

(3) On the transfer of shares 30 the Shipping Corporation of India persons. under sub-section (I) or to any person under sub-section (2), the company shall forthwith register each transferee as a member of the company, - 7 3

(4) The amount paid by the Central Government for the acquisition , of the shares which stand transferred to and vested in the Shipping Cor-

poration of India under sub-section (I) shall be deemed to be the contribution by, the Central Government to the equity capital of that Corpora- tion and that Corporation shall issue (if necessary, after amending its memorandum and articles of association) to the Central Government

i paid-up shares in its capital for a corresponding amount.

6. For the purpose of enabling the company to function as a Govern- *mend rnent of

ment c o v a n g , the Central Government may, by notification published in me,,- the Official Gazette, make such amendments in the memorandum and randum

and articles of association of the company as it may consider necessary. articles of

assocla- tim of com- aany.

7. (1) Notwithstanding anything contained in the Companies Act, Interim ' Of 1956, or in the memorandum or articles of association of the company, on manage-

and from the appointed day and till a new Board of directors of the comment of

pany is duly constituted, the persons specified in the Schedule shall be company. the directors of the company and shall constitute the Board of directors of the company.

(2) If any vacancy arises in the Board of directors specified in the j ~ i Schedule. it shall be filled bv the Central Government in such manner as i t thinks fit and thereupon the Schedule shall be deemed to be amended accordingly.

(13) No act or proceeding of the Board of directors specified in the Schedule shall be invalid merely by reason of the existence of any vacancy in I.ho membership of the Board.

$40 J"ayant4 Shipping Company (Acquisition o j Shares) [ACZ 63

CHAPTER IV

MISCELLANEOUS I

Cirectors, 8. Notwithstanding anything contained in any law for the time being c~ 2.. not entllled to in force, no director or managerial personnel specified in section 197A of cornper'- the Companies Act, 1956, or other person entitled to manage the whole or 1 of 1956. satiori.

a substantial part of the bulsiness and affairs of the company under a special agreement or otherwise shall be entitled to any compensation against the company or the Central Government for the loss of office or for the premature termination of any contract of management entered into by him with the company whether such loss or termination was due to the provisions of the Jayanti Shipping Company (Taking Over of Management) Act, 1966 or this Act. 24 of 1966.

Contracts 9. The company may, within three years from the appointed day, make in bad faith, etc., an application to any court having jurisdiction in this behalf for the may be purpose of cancelling or varying any contract or agreement entered into, cancelled or varied. a t any time before the issue of the notified order under sub-section (1)

of section 3 of the Jayanti Shipping Company (Taking Over of Manage- ment) Act, 1966, between the company and any other person and the 240 f 1966.

court may, if satisfied after due inquiry that such contract or agreement had been entered into in bad faith and is detrimental to the interests of the company, make an order cancelling or varying (either unconditionally or subject to such conditions as i t may think fit to impose) that contract or agreement, and the contract or agreement shall have effect accordingly,

Duty to deliver possession of property of company and documents relating to company.

10. Any person who has in his possession, custody or under his control any pronerty of, or any books, d.ocuments or other papers relating to the property and assets of, the company, including any letters, memoranda, notes or other communications between him and the company, shall be liable to account for the said property, books documents and other papers (including such letters, memoranda, notes or other communications) to the company and shall deliver them up to the company or to such other person as may be a~xthorised for the purpose by the company.

POwersof 11. (1) For the purpose of ascertaining whether any property is the Inspec- , tion. property of the company or for any other purpose mentioned in this

Act or the rules made thereunder, any person authorised by the Central Government in this behalf shall have the right to-

(a) enter and inspkct any premises;

(b) require any person having the possession, custody or control of any register or record of the company to produce such register or record;

(c) require the occupier of any property belonging to, or claimed to be the property of, the company, to submit to the person so authorised such accounts, books or other documents or to furnish to him

- such inform-ation as he may reasonably thjnk necessary; and

(d) examine any person having the control of, or employed in connection with, the company and require him to make any statement touching the affairs of the company.

017 iLl7lj Jayanti Shipping Company (Acquisi.tion of Shares) 34I

(2) Any person authorised by the Central Government under sub- section (1) shall be deemed to be a public'servant within the meaning of section 21 of the Indian Penal Code.

12. (1). If any person,- Penaltv

(a) when required by this Act or by any order under this Act :y:zlie to make any statement or furnish any information, makes any statements. ment or furnishes any information which is fhlse in any material particular and which he knows or believes to be false or does not believe to be true; or

(b ) makes any such statement as aforesaid in any book, account, record, return or other document which h,e is required by any order made under this Act to submit,

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

(2) Any person, who- I , ' 1

(a) having in his possessron, custody or control any property forming part 6f the assets of the company, wrongfully withholds such property from the company: or any person authorised by the company, or

(b) wrongfully obtains possession of any property forming part of the assets of the company, or

( c ) wilfully withholds or fails to produce to any person authorised under this Act, any register, record or other document which may be in his possession, custody or control, or

(d) fails, without any reasonable cause, to submit any accounts, books or other documents, when required to do so,

I

shall be punishable with imprisonment for a term which may extend to 1

I two years, or with fine which may extend to two thousand rupees, or with both.

13. No court shall take cognizance of an offence under this Act except with the previous sanction of the Central Government or of an officer Limita- authorised by that Government in this behalf.

tion on prosecution.

14. The provisions of this Act or any notification, order or rule made thereunder shall have effect notwithstanding anything inconsistent there- Act to

have with contained in any law other than this Act or in any jnstrument over-

having effect by virtue of any law other than this Act or in any order riding effect.

made by a civil court.

15. No suit, prosecution or other legal proceeding shall lie against the Central Government or the Shipping Corporation of India or any officer Protec-

or other employee serving in connection with the affairs of the company $&Olf

for anything which is in good faith done or intended to be done under taken this Act. under

this Act.

* 3 342 Jayanti Shipping Company (Acquisition of Shares) [ACT 63 OF 197'1 ;

Power to 16. (1) The ~ Z ~ t r a l Government may, b y notification in the Official make Gazette, make rule'h~, to carry out the purposes of this Act., rules.

(2) Every rule &ade by the Central Government under this Act shall be laid, as soonb"$s may be after it is made, before ,each House of

rule or both KO shall thereafter have effect onay in such modified form or bc of no effect, as the case may be; so, howevcir, that any such modification or. annulment ,'3 3

*.a

shall be without prejudice to 'the validity of anything previously .done ..@ under that rule. 4

%w

Power to 17. If any difficulty arises in giving effect to the provisions of this 34

remove 4 dlfficul- Act, the Central Government may, by order as occasion requires, ties.

5 ;i do anything (not inconsistent wit: the provisions of this Act) which 7 appears to it to be necessary for t h ~ purpose of removing the difficulty:

j' i, Provided that no such order shall be issued after the expiration of two II' I 1). 1 years from the appointed day.

8 - ' "

'?epeals 18. (1) The Jayanti Shipping compahy (Taking Over of ~ a n a g e m e n t ) -a 'I nd , :$ saving. Act, 1966, is hereby repealed. 24 of 1 9 6 ~ . : 2

Y

1 (2) The Jayanti Shipping Company ( ~ c ~ u i s i t i o n of Shares) Ordinance, 14 of 1971. f 1971, js hereby .repealed:

Provided that notwithstanding such repgal, 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.

. .

THE SCHEDULE ',,

[See section 7 (I)] j d address

. r , ----------------------------------- ?j . . 11

CIzairman of the Boa?.d of D i ~ e c - , . .g +-A",- ""-2 X I - - " n; + - - a - x 7"-

hairm man, Shipping India Ltd., Bombay.

Corporation

§h.ri '4'. 'N. 'Jzin Joint Secretary, T\/ri~.istrj7 of Finarice, . . NeGf Delhi.

Shri P. N. Mathur General Manager, Central Railway, Bombay. .; . . .'. ..

Shri 5. A. Dave ~.anagi~.<g Director, Food ~ a r p o s a t i o ~ ~ of Indla, New Delhi.

,... Shri Tasiit Sinnh Member, Central Board of Excise and . Customs, Ministry partmer,t of Revenue)

1araqi1?~< D i r e c ~ o r ,

of. Finarice , New Delhi. Il?c!jnl? Oil

(De-

C or.-

344 Coking Coal Mines (Emergency Provisions) [ACT 64

(b) "colte oven plant" means the plant and equipment with which the manufacture of hard coke has been, or is being, carried on and includes- ,

(i) all lands, buildings, works, machinery and equipment, vehicles, railways, tramways and sidings, adjacent to, and belonging to, or in, the coke oven plant,

(ii) all workshops belonging to the coke oven plant including buildings, machinery, instruments, ~tores, equipment of such workshops and the lands on which such workshops stand,

(iii) all hard coke in stock or in transit or under productimon, and other stores, stocks and instruments, belonging to the coke oven plant,

(iv) all power stations belonging to the coke oven plant or operated for supplying electricity for the purpose of working the coke oven plant,

( v ) all lands, buildings and equipment adjacent to or belong- +' ing to, the coke oven plant where the washing of coal is carried on,

(vi) all other assets, movable or immovable, belonging to a coke oven plant, whether within its premises or outside, including cash balances, reserve funds and investments in so far as they relate to the coke oven plant and also any money lawfully due to the coke oven plant in relation to any period prior to the specified date;

(c) "coking co'al mine" means a coal mine in which there exists one,or more seams of coking coal, whether exclusively or in addition to any seam of other coal;

(d) "company" means a company as defined in section 3 of the Companies Act, 1956, and includes a foreign company within the lLErj.

meaning of section 591 of that Act;

( e ) "Custodian" means the person appointed under section 5 to take over the management od the coking coal mine;

(f) "Government company" has the meaning assigned to i t by section 617 of the Companies Act, 1956; 1 of 1956.

(g) "managing contractor" means the person, or body of persons, who, with the previous consent in writing of the State Government, bas entered into an arrangement, contract or understanding, with the owner of the mine under which the operations of the mine are substantially controlled by such person or body of persons;

(Jz) "mine" means any excavation where any operation for the parpose of searching for or obtaining minerals has been or is being carried on and includes-

(i) all borings and bore holes; (ii) all shafts adjacent to, and belonging to, or in, a mine,

whether in the course of being sunk or not; (iii) all levels and inclined planes in the course of being

driven;

(iv) all open cast working; ' ( v ) all conveyors or aerial ropeways provided for the bring-

ing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom;

* .

OF i971j Coking Coal ~ i n e s (Emergency Provisidns) 343

(vi) all lands, buildings, works, adits, levels, planes, machinery and equipment, vehicles, railways, tramways ana sidings adjacent to, and belonging to, or in, a mine;

' (vi i ) all workshops belonging to, or in, a mine including buildings, machinery, instruments, stores, equipment of such workshops and the lands on which such'workshops stand;

(viii) all coal in stock or in transit or under production and other stores, stocks and instruments belonging to, or in, a mine;

(ix) all power stations belonging to, or in, a mine or operated for supplying electricity for the purpose of working the mine or a number of mines under the same management;

(x) all lands, buildings and equipment adjacent to, or belonging to, or in, a mine where the washing of coal or manufacture of cake is carried on;

(xi) all other assets, movable or immovable, belonging to a mine, whether within its premises or outside, including cash balances, reserve funds and investqents in qo far as they relate to the coking coal mine and also any money lawfully due to the coking coal mine in relation to any period prior to the appointkd day; ' (i) "mining company" means a company owning a coking coal

mine, and in relation to a foreign company within the meaning of section 591 of the Companies Act, 1956, the undertaking of that com-

1 of 1956. pany in India;

(j) "notified order" means an order notified in the Official Gazette;

(k) words and expressions used herein and not defined but defined in the Coal Mines (Conservation, Safety and Development)

12 of 1952. Act, 1952, have the meanings respectively assigned to them in that Act;

(1) words and expressions used herein and not defined in this Act or in the Coal Mines (Conservation, Safety and Development)

12 of 1952. Act, 1952, but defined in the Mines Act, 1952, have the meanings res- 35 of 1952. pectively assigned to them in the Mines Act, 1952.

L, - * - ! I CHAPTER I1

MANAGEMENT OF COKING COAL MINES

3. (1) On and from the appointed day, the management of all coking Manage- coal mines shall vest in the Central Government. ment of

coking (2) The coking coal mines specified in the First Schedule shall be $ges to

deemed, for the purposes of this Act, to be the coking coal mines the vest in management of which shall vest, under sub-section ( I ) , in the Central Central Government: Govern-

1 1 ment on the.

Provided that if, after the appointed day, any other coal mine is appointed found, after an investigation made by the Coal Board, to contain coking e l p ~ coal, that Board shall make a declaration to that effect and on and from the date of such declaration, such mine shall be deemed, for the purposes of this Act,-

(i) to vest in the Central Govcrnment; and

346 Coking Coal Mines (Eme~gency Provisions) [ACT 64

-(zi) to be included in the First Schedule,

and thereupon the provisions of this Act shall become applicable thereto subject to the modification that for the words "appointed day", wherever they occur, the words "the date of the declaration made by the Coal Board under sub-section (2) of section 3" shall be substituted.

Manage- ment of coking coal mines pending the appointment of custodian.

4. (1) Pending the appointment of a Custodian under section 5 for any cdking coal mine, the person in charge of the management of such mine immediately before the appointed day sh811, on and 'from the a~pointed day, be in charge of the management of such mine for and on behalf of the Centqal Government; and the management of such mine shall be carried on by such person subject to the provisions contained in sub-sections (3) and (5) and such directions, if any, as the Central Gov- ernment may give t o him and no other person including the owner, shall, so long as such management continues, exercise any powers of management in relation to the coking coal mine.

(2) finy contract, whether expreks or implied, providing for the management of any coking coal mine, mxde before the appoihted day betkgen the owner df such mine and any person in charge of the management of such mine immediately before'the appointed day, shall be deemed to have terminated on the appointed day.

,(3) No person in charge of the management of a coking coal mine shall, without the previous approval of the person specified by the Cen- tral Government in this behalf in respect of that mine (hereinafter referred to as the "authorised person"),-

(a) incur any expenditure from the assets appertaining to the

I , coking coal mine othwwise than for the purpose of malting routine

e*' 8 . , payments of salaries or commissions to employees, agents or for the purpose of meeting the routine day to day expenditure;

(b) transfer or otherwise dispose of any such assets or create any charge, hypothecation, lien or other incumbrance thereoq;

I (c) invest in any manner any monies &orrning part ,of such assets;

(d) a'equire any immovable property out of the -monies forming part of such assets;

(e) enter into any contract of service or agency, whether expressly or by implication, for purposes connected wholly or partly with the coking coal mine o~ vary the terms and conditions of any contract relating to any such transaction subsisting on the appointed day. & I

(4) The approval of the authorised person may be given either gepe- rally in rel-aticn to certain classes of transactions relating to the coking ccal mine or specially in relation to any of its transactions.

(5) Every person in charge of the management of a coking coal mine shall deposit all securities and documents of title to any assets appertaining to such mine in any Scheduled Bank or Nationalised Bank in which the owner or agent had an account immedia'tely before the appoint@, day or in any branch of the State Bank in the place where the head office or the principal office of the coking coal mine is situated or, where. there is no branch of the State Bank in such place, the nearest branch of the State Bank; and no such security or document shall be withdrawn fcorr. the Scheduled Bank, the Nationalised Banlr or the State Banlc, as tlie case play be, except with the permission of the cazxthorised peason: .

OF 19'711 Coking. Coal Mines (Emergency Provisions) 347

Provided that nothing contained in this sub-section shall apply to any security or document of title kept in trust with an WciaL Trustee in pursuance of the articles of association of any mining company unless the Central Gnvernme~~t, by notified order, otherwise rlirects.

Explanation.-In this sub-section,-

(a) "Scheduled Bank" means a bank included for the time being in. the Second Schedule to the Reserve Bank of India Act, 1964;

(b) "State Bank" means the State Bank of India constituted under the State Bank of India Act, 1955;

(c) "Nationalised Bank" means a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Un- dertakings) Act, 1970.

(6), Every person in charge of the management of a coking coal mine shall deliver forthwith to the person specified in this behalf by the Cen- tral Government in respect of that coking coal mine, the following documents, namely: -

(a) the minutes book or any other book in India containing all resolutions up to the appointed day of the persons in charge of the management of the coking coal mine before the appointed! day;

(b) t h e current cheque books relating to the caking coal mine which are at the head office ,or the principal office. of the coking coal mine;

' ( c ) all registers or other books containing particulars relating to the investment of any monies appertaining to the coking coal mine including investments on mortgaged properties and all loans granted or advances made.

(7) Without prejudice to the generality of the powers confmred by sub-section (1) and the provisions contained in sub-sections (3, (5) and (6); any direction issued under sub-section (1) may require the persons in charge of the management of the coking coal mine under this Act to furnish to the Central Government or to the authorised person such returns, statements and other information relating to the coking coal mine as may be mentioned in the direction.

(8) The persons in charge of the management of the coking coal . mine under this Act shall be entitled to such remuneration, whether by way of allowance or salary or perquisites as the Central Govern- ment may fix; and any such person may, by giving one month's no'tice in writing to the Central Government of his intention so to do, relinquish charge of the management of the coking coal mine.

5. (1) The Central Government may, as soon as it is convenient ad- Power of ministratively so to do, appoint any person as Custodian f0'r the purpose Central of taking ove; the management of the coking coal mine and the,person Govern-

ment to so appointed shall carry on the management of such mine for and on be- appoint

half of the Central Government. Custodians to take

(2) (a) The Central Government may also appoint a person as the overthe Custodisn-General for exercising supervision and control over all the manage-

ment of , coking coal mines the mahagement of which is taken over under this Act, coking and on such appointment, every Custodian, appointed under sub-section coalmines. ( A ) , shall act under the guidance, control and supervision of the Cus: todian-General. .


( b ) The Central Government may also appoint one or more persons as Additional Custodian-General or Deputy Custodian-General for assisting the Custodian-General in the exercise of his powers and duties under this Act and the Custodian-General may delegate all or such of his powers as he may think fit, to the Additional or Deputy Custodian- General.

(c) Every Additional or Deputy Custodian-General shall exercise the powers delegated to him under the control and supervision of the Custo- dian-General.

(3) O p the appointment of a Custodian under sub-section ( I ) , the charge of management of the coking coal mine shall vest in him and all. persons in charge of the management of such mine immediately before such appointment Shall cease to be in charge of such management and shd l be bound to deliver to the Custodian all assets, books of account, registers or other documents in their custody relating to the coking coal mine and any contract, whether express or implied, providing for the management of any coking coal mine, made before the appointed day between the owner of such mine and such persons, shall be deemed to have terminated on the date on which the Custodian is appointed.

(4) Nothing contained in section 4 shall apply to any coking coal mine the management of which has been taken over by the Custodian, but the Central Government may issue such directions to the Custodian as to his powers and duties as it deems desirable in the circumstances of the case, and the Custodian may apply to the Central Government at any time for instructions as to the manner in which he shall conduct the management of the coking coal mine or in relation to any matter arising in the course of such management.

(5) The Custodian shall receive from the funds of the coking coal mine f0.r the charge of management of which he is appointed under sub- sectioil (1) such remuneration as the Central Government may fix.

(6) The Custodian, the Custodian-General, Additional Custodian- General and Deputy Custodian-General shall hold office during the pleasure of the Central Government.

(7) The Central Government may, if i t is of opinion that it is necessary so to do for the proper management of the coking coal mines, the management of which has vested in i t under section 3, appoint a Govern- ment company, whether in existence at the commencement of this Act or incorporated after such commencement, as the Custodian of all the coking coal mines specified in the First Schedule, and all coke over; plants specified in the Second Schedule, and on such appointment, every person appointed as Custodian or the Custodian-General or Additional or Deputy Custodian-General under sub-section (1) or sub-section (2), as the case may be, shall vacate his office as such and deliver to the Government company, SO appointed, all assets, books of account, registers or other documents in his custody relating to the coking coal mine or the coke oven plant, as the case may be.

(8) On the appointment of a Government company as Custodian, the provisions of sub-sections (3), (4) and (5) shall apply to i t as they apply to a Custodian appointed under sub-section (1).

6. (1) Every owner of a coking coal mine shall be given by the Central Governmerit an amount, in cash, for vesting in it, under section 3 the management of such mine.

.payment of amount.

OF 19711 Coking Coal Mines (Emergency Provisions) 349

(2) For every month during which the management of the coking coal mine remains vested in the Central Government, the amount referred to in sub-section (I) sh'all be computed at the rate of twenty-five paise per tonne of coal on the highest monthly production of coal from such mine during any month in the years 1968, 1969, 1970 and 1971:

Provided that if in relation to any such coking coal mine, there was no production of coal during the said years, the amount referred to in sub- section (I) shall be computed at the rate of five paise per tonne of such highest monthly coal producing capacity of the coking. coal mine, before +he appointed day, as may be assessed and declared by the Coal Board:

Provided further that in relation to a coking coal mine, the operations of which were immediately before the appointed day under the control of a managing contractor, the amount, as computed under this sub- section, shall be apportioned between the owner of the coking coal mine and such managing contractor in such proportions as may be agreed upon by or between the owner and such contractor, and in the event of there being no such agreement, in such proportions as may be determined by the principal civil court of original jurisdiction within the local limits of whose jurisdiction the head office of the coking coal mine is situated.

CHAPTER I11

MANAGEMENT OF COKE OVEN PLANTS

7. On and from such date as the Central Government may, by nQtified order, specify in this behalf (hereafter, in this Chapter, referred to as the

ment of "specified date"), the management of the coke oven plants specified i n the coke oven Second Schedule. shall vest in the Central Government.

, .. . .. : . , ,._ . ~_ -. .. . ..< . . plants to fl.TyT;3Tj-:- --I' r7, . ----:-.*; . , - - - .- : . .

.... ~... , .

: x r..: . ' I . , : . ,., . ' . . . . . . vest in the Central

" : Govern- ment on the specified date.

8. (1) Every owner of a coke oven plant specified in the Second Schedule and every owner of a coke oven plant which falls within the Payment

definition of coking coal mine, shall be given by the Central Govern- i:,"S",",in ment an amount, in cash, for vestirig in it, uilder section 7 or section 3, as the case may be, the management of such coke oven plant.

(2) For every month during which the management of the coke oven plant remains vested in the Central Government. the amount referred to in sub-section (1) shall be computed at the rate of-

( a ) seventy-five paise per tonne of by-pro.duct coke; and (b) fifty-five paise per tonne of beehive' coke,

on the highest monthly production of coke from such coke oven plant during any month in the years 1968, 1969, 1970 and 1971.

(3) For the avoidance of doubts, it is hereby declared that the owner of a coke oven plant, the management of which has vested in the Central Government under section 3, shall be given, in addition to the amount payable under section 6, such amount as is referred to in sub-section (1). ' * ,

9. The provisions of sections 4 and 5 and sections 10 to 20 (both inclusive) shall apply to a coke oven plant, the management of which has Provisions

df sbctions vested in the Central Government under section 7, as they apply to a eandB and

4Law-46 >- - .

350 Cocking Coal Mines (Emergency Provisions) ACT 64

sections lo coking coal mine, and references therein to a coking coal mine and the to appointed day shall be construed, unless the context otherwise requires, aPplyto this as references, respectively, to a coke oven plant and the specified date. Chapter.

CHAPTER IV MISCELLANEOUS

10. ~f any person-

(a) fails to deliver to the Custodian any assets, books of account, registers or apy other document in his custody relating to the colr- ing coal mine in respect of the management of which the Custodian has been appointed, o r

(b) retains any property of such coking coal mine or removes or destroys i t , or

(c) fails to comply with the provisions contained in sub-section (3) or sub-section (5) or sub-section (6) of section 4, or

(d) fails to comply with any directions issued under sub-section ( 1 ) or sub-section (4) of section 5,

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

Offences 11. (I) Where an offence under this Act has been committed by a com- by company, every person who at the time the offence was committed was in panies.

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 contahed 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) Notwithstandihg anything contained in sub-section ( I ) , where any offence under this Act has been committed by a company and i t is prdved that the offence has been committed with the consent or conni- vance of, or is attributable to, m y neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.-For the purposes of this section,-

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

(b) "director", in relation to a firm, means a partner in the firm.

Mining 12. No proceeding for the. winding up of a mining company, the mana- companies gement of whose coking coal mines has vested in the Central Govern- not tobe inent under this Act for the appointment of a Receiver in respect of

UP such business, shall lie in any Court except with the consent of thc Central by Court.

. Government.

Exclusion 13. In computing the peri0.d of limitation prescribed by law for the time Of period being in force for any suit or application against any person by a mining of operation of company in respect of any matter arising out of any transaction in r e

lation to the coking coal mine, the time during which this Act is in the Adt force shall be excluded. fo r corn-

puting j period of

limitation: 14. The prdvisidns of this Act Slid1 have effect notwithstanding any- Effect of

thing inconsistent therewith contained in any other law for the time Act ori othek 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.

15. (1) The Central Government may, by notified order, direct that Delegatioli all or any of the powers exercisable by it under this Act may also be of powerb,

exercised by any person or persons as may be specified in the order.

(2) Wlhenever any delegation of power is made under sub-section ( I ) , the person to whom such power has been delegated shall act under the direction, control and supervision of the Central Goverhment.

16. (1) No suit, prosecution or other legal proceeding shall lie against Protee-. the Custodian-General, Additional Custodian-General, Deputy Custodian- !$2f General, any Custodian or authorised person in respect of anything which taken in is in good faith done or intended to be done under this Act. good faith.

(2) No suit or other legal proceeding shall lie against the Central Government or the Custodian-General, Additional Custodian-General, Deputy Cus-todian-General, any Custodian or authorised person 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.

17. (1) If the Central Government is satisfied, after such inquiry as Contracts, i t may think fit, that any contract or agreement entered into, at any time etc.> in bud

falth mrl.y within twelve months immediately preceding the appointed day, betweert be rsn- the owner or agent of a coking coal mine and any other person, has been celled entered into in bad faitli and is detrimental to the interests of the coking or varied. coal mine, make an order cancelling or varying (either uiiconditionally or subject to such conditions as i t may think fit to impose) .the contract or ag~eement and thereafter the contract or agreement shall have effect

accordingly :

Provided that no contract or agreement shall be cancelled or varied except after giving to the parties to the contract or agreement a reasonable opportunity of being heard.

(2) Any person aggrieved by an order made under sub-section (1) may >make a n application to the principal court of civil jurisdiction within the ,local limits of whose jurisdiction the head-office of the coking coal mine is situated for the variation or reversal of such order and thereupon such court may, confirm, modify or reverse such order.

18. If the Custodian is of opinion that any contract of employment Power to terminate entered into by any owner or agent of a coking coal mine, a t any time

before the appointed day, is unduly onerous, he may, by giving to the of em- employee one month's notice in writing or the salary or wages for one ployment. month in lieu thereof, terminate such contract of employment.

19. (1) The Central Government may, by notification in the Official Power to Gazette, make rules to carry out the provisions of this Act. make

rules.

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

" -

(a) the manner in which the coking coal mines will be managed by the Custodians, under the contk.01 and supervision of the Custo- dian-General;

(b) the constitution of a Board of Management, by whatever name calledi for advising the Custodian-General in the management of the coking coal mines;

(cj the form and manner in which accounts of the coking coal mines shall be maintained;

(d) any other matter in relation to which such rule is required to be, or may be, made.

(3) Every rule made under this Act shall be laid, as soon as may be After it is made, before each House of Parliament while it is in session for

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 inything previously done under that rule.

Coking 20. Nothing in this Act shall apply to any coking coal mine- coal mines t o which ( a ) owned or managed by a Government company or corpora-

the Act tion owned or controlled by Government; shall not apply. (b) owned or managed by a company engaged in the production

of iron or steel:

Provided that this section shall not extend to such mine or part thereof which, in the opinion of the Central Government, is in excess of the requirement for the production of iron and steel by that company.

Power t o 21. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order not inconsistent with the

difficulties. provisions of this Act, remove the difficulty:

Provided that no such o ~ d e r shall be made after the expiry of a period of two years from the commencement of this Act.

Repeal 22. (1) The Coking Coal Mines (Emergency Provisions) Ordinance, and. 1971, is hereby repealed. 12 of lg71. savings.

(2) Notwithstanding such repeal, anything done, any action taken or any appointment, 'declaration or order made under the Ordinance so

, repealed, shall be deemed to have been done, taken or made, as the case may be, under the corresponding provisions of this Act. .

THE FIRST SCHEDULE

[See section 3 (2) 1 .-

S1. Name of the mine Locatiqn of the Ngme and address of the owners No. mlne of the mine -- ---

2 3 I - - 4

A. EAST BOKARO COAWIELD I. Dhori . . Post Office Bermo, Ownership under dispute,

District Hazaribagh. z. Kalyani Selected Dhori . Post Office Pichri, Gouri Shanker and Others,

District Hazaribagh. Post Office Bermo, Hazari- bagh.

3. Khas Dhori . . . Post Office Pichri, Khas Dhori Colliery Company, District Hazaribagh. Post Office Katrasgarh, Dhanbad.

--.-- ---

b~ 18514 Coking Coat Mines (Brnergency Provisions) 353

S1. Name of the mine . Locatipn of the Name and address 01 tne owners ' No. mine of the mine

4. Pipradih . . Post Office Gomia, Pacific Coal Company, Post District Hazaribagh. Office Gomia,-District Hazari-

bagh.

. . Post Office Pichri, Pichri Coal Company Limited, District Hazaribagh. Post Office Bermo, Hazaribagh.

5. Pichri . . 6. Selected Dhori

7. Turiyo . . . . Post Office Bermo, Selected Dhori Colliery, Post

District Hazaribagh. Office Katrasgarh, Dhanbnd.

. . Post Office Turiyo, Bhuvaneswar Singh and Siv- District Hazaribagh. dayal, Post Office Jharin,

Dhanbad.

. . Post Office Turiyo, Tarmi Colliery Company, In- ~i 's tr ict Hazaribagh. dhstrial Bank Building, Post

Office Jharia, Dhanbad.

I. Albion . . . . Post Office Karmatand.

Albion Colliery Company, Post Office Karmatand, Dhanbad.

a. Bokaro Jharia 1 . . Post Office Karma- tand.

Messrs. Agarwalla Brothers, Post Office Karmatand, Dhan- bad.

3. North Damuda . . Post Office Nud- khurkee:

Hazaribagh Coal Syndicate (Private) Limited, Post Office Jharia, Dhanbad.

4. Kesurgarh ; . . Post Office Nud- khurkee.

Manbhwm Coal Syndicate Limited, Post Office Jharia, Dhanbad.

5. Madhuband . . . . Post Office Nud- Oriental Coal Company Limited, khurkee. 25, Brabourne Road, Cal-

cutta.

61 Khas Benedih . . . Post Office Nawa- K. C. Mukherjee and Others, garh. Post Office Hirapur, Dhanbad.

7. Benedih . . . . Post Office Nud- Benedih Coal Concern, Post khurkee. Office Katras, Dhanbad.

2. Khas Ganeshpur . . . Post Office Nawa- garh.

Khas ,Ganeshpur Coal ' ~ n e s Limited, 135, Canning Street, Calcutta,

g. Ganeshpur . . . . Post Office Nawa- garh. .

Ganeshpur Coal Company Limited, Post Office Ganesh- pur, Dhanbad.

10. Ashakuti Phularitand . . Post Ofice Khar- kharee

Ashakuti Coal Company Limi- ted, 111, Rowland Road, Calcutta-20.

11. Mohanpur . , . . Post Office Khar- kharee

Shrimati Parbati Devi, Post Office Kharkharee, Dhanbad.

12. New Bansjora! . . . Post Office Khar- S. K. Sahana ar.d Sons (Private) kharee. Limited, Post Office Khar-

kharee, Dhanbad,

13. has Bhurungiya . . . Post Office Mohuda Khas Bhurungiya Coal Corn- pany, Post Office Jharia, D hanbad.

14. RaneedihIPipratand . . Post Office Mohuda Sri K. K. Sablok, C/o Sudarsan Motors, Post Office Dhansar, Dhanbad.

354 k o k i n g Coal d i n e s (Emergency Provisions) ACT 84

S1. Name of the mine No.

Locatipn of the Name and address of the owners mlne of the mine

- --

3 4

IS. East Macheradih . . Post Offlce Mohuda East Macheradih Coal Coml pany Liniited, Post Ofice Jhar~a, Dhanbad.

16. New Huntodih . . Post Offlce Mohudsi Doulatnial Routmal, 178, Mahatma Gandhi Road, Calcutta-I.

17. Murulidih . . Post Office Mohuda Kalyanji Mavji and Company, 14, Netaji Subhas Road, Calcutta-I.

18. Murulidih 20 and 21 pits . tg. Bhatdee . . .

. Post Office Mohuda Rengal Coal Company Limited, 8, Clive Row, Calcutta-I.

, Post Office Mohuda Rengal Rhatdee Coal Company Limited, 14, Netaji Subhas Road, Calcutta.

2c. Kharkharee . , . Pust Office Ichar- Bharat Mining Corporation Limi- kharee. ted, .91, Stephen House, Dal-

h o m e Squarc East, Calcutta-I.

21. New Sinidih . . . , Post Office Khar- Messrs. Bamandiha Coal Com- kharee. pany, 3, Synagogue Street,

Calcutta.

22. Dharmaband . . Post Office Katras- H. M. Rarat and M. C. Rarat, , garh. Post Office Katrasgarh, Dhan-

bad.

23. New Dharmaband '. . . Post Office Malkera . Sethia Mining and Manufactur- ing Company Limited, 4, Baku1 Bagan Road, Calcutta.

24. Maheshpur , . .

25. Sinidih . , . .

. Post Office ICatras- Messrs. Saliu Minerals and Pro- garh. perties Limited, A-3, Prithvi-

raj Road, Jaipur.

. Post Office Katras- Sinidih Colliery Concern (Pri- garh. vate) Limited, Post Office

Icatrasgarh, Dhanbad.

2ti. ~ l i n d b o Khas . . . Post Office Tundoo J. P. Lalla and Sons Collieries (Private) Limited, Post BOX No. 76, Dhanbad.

27. Bilbera . . , . . Post Office Katras- B. N. Mondal and Company, garh. 22, Canning Street, Calcutta,

28. Jealgora Govindpur . . . Post Office Sonardih Jealgora Govindpur Colliery Company Limited, Past Office Sonardih, Dhanbad.

. 29. Soa2'lGovindpur . , , Post ,Office Katras- garh.

30. Diamond Tetturiya , , Closed.

31. Central Tenturiya . , , Post Office Malkera

H. I. Pathak, Post Office Kat- rasgarh, Dhanbad.

Bihar Collieries Limited.

Sri Tarapada Lodha and Others, Post Office Katrasgarh, Dis- trict Dhanbad.

32. New Tentulia . . , , Post Office .Malkera Tentulia Khas Colliery Corn - pany Limited, 25, Brabourne Road, Calcutta.

33. Central Kooridih-Sonardih . Post Office Katras- gal h.

Central Kooridih Colliery Com - pany, Post Office Katrasgarh, Dhanbad.

34. New Gobindpur . . Post Office Sonardih New Gobindpur Coal Company Limited, 33, Canning Street, Calcutta-I.

OF 19711 Coking Coal Mines (Eme~gency Provisions) 3 5 5

s 1. Name of tho mine Location of :he minc Name and address of the No. a owners of the mine ,

35. Khas Mehtadih . . Post Office Katras- Messrs. Khas Mehtadih Col- garh. liery Company, Post Office Rat-

rasgarh, Dhanbad.

36. Agardih , . Post Office Katras- Agardih Colliery Company, garh. Post Office Katrasgarh, Dis-

trict Dhanbsd.

37. Katras Choitodih . . . Post Office Katras- Burrakar Coal Company Limited, garh. Chartered Bank Building,

Calcutta.

38. Lakurka . . . Post Office Katras- Lakurka Coal Company Limited, gsrh. . . 3, Synagogue Street, CaI-

cutta.

39 Koiludih . .

40. Khas Govindpur .

41. East Katras . .

42. East Salanpur

. Post Office Katrasgarh.

. Post Office Katras- . garh.

. Post Office Katras- garh.

. Post Office Katrasgarh.

Bast Katrasgarh Colliery Com- pany ' (Private) Limited, Post Oftice Katrasgarh, Dhan- bad.

Khas Govindpur Coal Com- pany (Private) Limited, Post Office Katrasgarh, Dhan- bad.

East Katrasgarh Colliery Company (Private) Limited, Post Office Katrasgarh, Dhan- had.

East Salanpur Colliery Com- pany, Post Office Katrasgarh, Dhanbad.

43. Joint Salanpur . . Post Office Not available. Katrasgarh.

44. Khas Salanpur . . P:st Office Not available. Xatrasgarh.

I 45. North Salanpur . . . Post Office Sahai Brothers (Receiver H. S. Katrasgarh. Sahai), Post Office Katrasgarh,

Dhanbad.

46. Selected Sa l an~u r Post Office Selected Salacpur Colliery Katrasgarh. Company, Post Office Katras-

garh, Dhanbad.

47. Central Salanpilr . . Post Oflice Katras- ,Central Salanpur Coal Concern, garh. Post Office Katrasgarh, Dhan-

bad.

48. Lakurka Khas , . Post $@ice Katras- Bharat's Debuttar Estate, Post garh. Office Katrasgarh, Dhan-

bad.

49. Salanpur . ' . . Post office ~ a t r a s - Shrimati Sarojini Devi, Post garh. Office Katrasgarh, Dhan-

bad.

so. New Lakurka . . Post Office Katras- New Lakurks Colliery Com- garh. pany, Post Office Katrasgarh,

Dhanbad.

51. National Anparpathra . . post Office Katras- National Coal C r m p ~ n y (Private) garh. Limited, @ / T , Ram Tarun

Bose Lane. Calcutta-6.

52. Union Arlgarpathra. . . Post Office Sijual Union Coal Com'p~t-iv l imited, 135, Biplabi Rash Behari Basu Road, Calcytta-I.


S1. Name of the mine Location of the mine Name and address of the owners No. of the mine ---

I 2 3 4

53. Gaslitan . . . Post Office Sijua New Manbhum Coal Company, 138, Biplabi Rash Behari Basu Road, Calcutta-I.

54. Ramkanali . . . . Post Office Katras- Bijali Kanti Roy, Keshalpur garh. Ilouse, Post Office Katrasgarh:

Dhanbad.

55. Trigmait Angarpathra . . Post Office Katras- East Angarpathra Colliery garh. Company Limited, Post

Office Katrasgarh, Dhaa- :bad.

56. Kanta Pahari . . . Post Office Katras- East Angarpathra Colliery garh. Company Limited, Post Office

Katrasgarh, Dl~anbad.

97. Khas Angarpathra . . . Post Office Katras- East Angarpathra Colliery garh. Company Limited, Post Office

Katrasgarh, Dhanbad.

gg. Jharia Khas . . . . Post Office Katras- East Angarpathra Colliery garh. Company Limited, Post Ofice


59. East Angarpathra . , . Post Office Katras- East Angarpathra Colliery garh. Company Limited, Post Oflice


60. Mahabir Anaarpathra . . Post Office Katras- East Angarpathra Colliery garh, Company Limited, Post Office


61. Diamond Angarpathra . _ . Post Office Katras- Diamond Angarpathra Colliery garh. Company, Post Office Kat-

rasgarh, Dhanbad.

62. Mudidih . . . . Post Office Sijua Burrakar Coal Company, Char- tered Bnnk Building, Cal- cutta.

63. Badrachuk . . . Post Office Sijua Burrakar Coal Company, Char- tered Bank Building, Cal- cutta.

64. J o g t a . . . . . Post Office Sijua Jogta Coal Company Limited, POST Office Sijua, Dhan- bad.

65. Sendra . . . . Post Office Bansjora Messrs. ITind ShippersT Limited, ~ 3 5 , Biplabi Rash Behari Basu Road, Calcutta-I.

66. Sendra Bansjora-Gopal Gararia Post Office Bansjora Sendra Bansjora Colliery con,- Pany (Private) Limited. 135, Canning Street, Cal- cut ta-~.

67. Kankanee . . . Post Office Bansjora Oriental Coal Company Limited, 25, Brabourne Road, Cal- cutta.

68, Loyabad . . . Post Ofice Bansjora Burrakar Coal Company Lin~i - ted, Chartered Bank Building, Calcutta-I.

69. Pootkee . . . Post Office Kusunda Oriental Coal Company Limi- ted, 25, Brabourne Rosd, Calcutta.

OF 19711 Coking Coal Mines (Emergency Provisions) 357

S1. Name of the mine Location of the mine Name and address of the No. owners of the mine

73. G ~ p d i c k u c k (West) . . Post Office Kusunda Central Kirkend Coal Company &Limited, 91, Stephen House,

D alhousie Square East, Calcutta-I.

71. Central Kirkend . . . Post Office Kusunda Central Kirkend Coal Com- \ pany Limited, 91, Stephen

House, Dalhousie Square East, Calcutta-I.

72. Motiraln Kirkend . . . Post Office Kusunda Motiram Roshanlal Coal Com- pany (Private) Limit edy Kusunda, D hanbad.

73. Khas Kirkend . . . Post Office Kusunda Bhuramal Agarwal, Post Ofice Dhansar, Dhanbad.

74. Roy Kirkend . . . . Post Office Icusunda T h e New Marine Coal Com, pany (Bengal) Limited, I I I- Chittaranjan Avenue, Cal- cutta.

75. New (Marine . . , Post O 6 c e Kusunda The New Marit)? Coal Com- pan\. (Bengal) Limited, 1 I I, Chittaranjan Av-nuc, Cal- cutta.

76. Ekra [(has . . Closed Sahu Minerals and Properties.

77. Bansdeopur . . . . Post Office Kusunda New Bansdeopur Coal Company Limited, 28-B, Netaji Subhas Road, Calcutta.

78. North Ekra . . . . Post Office Ransjora North Ekra Coal Company, Post Ofice Bansjora, Dhan- bad.

79. Gararia . . . . Post Office Bansjora The Gararia Colliery Companv (Private) Limited, Post Office Bansjora, Dhanbad.

80, Central Gararia . , . Post Office Bansjora central Gararia Colliery Coni- pqny, Post Office Bansjora, Dhanbad.

@ J . Gararia . . , Post Office Bansjora Tikmani and Company, Post Office Bansjora, Dhanbad.

82. Chhota Eo\va , , , Post Office Bansjora Chhota Bowa Colliery Comyany Limited, Post Office Bans~ora, Dhanbad.

83, Bilsseriya . , . . Post Office Kusunda Busseriya Coal Companv (Private) Limited, 13, Radhabazar Lane, Calcutta-I.

84. East Ekra , . . . Posr Oflice ,Eaasjora East Ekra Coal Company, C/o K. Worah, Jora Bangalow, D hanbad.

85. Busseriya North & South . Post Office Bansjora Not available-Mine closed.

86. North Busseriy? . . . Post Office Bansjora North Busseriya Colliery Company, Post Office Bans- jora, Dhanbad.

87. Surendra East Loyabad . Post Office Kirkend Sur endra East Loyabad Colliery Company, Post Office Kusunda, Dhanbad.

Coking Coal Mines (Emergency Provisions)

S1. Name of the mine Location of the mine Name and address of the owners No. of the mine ,

88. Gondudih' . . . . Post Office Kusunda Central Alkusa Colliery Com- rti' &I@ pany, Post Office Kusunda,

Dhanbad. 3

89. Dhariajoba . . . . Post Office Kirkend Not available-Mine closed.

go. West Godhlir . . . Post Office Kusunda H. D. Agarwalla & Sons (P) Ltd., Post Office Jharia, Dhanbad.

91. Godhur , . . . Post Office Kusunda Godhur Colliery Company, Post Office Kusunda, Dhan- bad.

92. Pure Kusto~e . . , Post Office Kusunda Pure Kusrore Colliery Company Limited, Post Office Kusunda, Dhanbad.

93. Nayadee Kusunda . . , Post Office Kusunda Kusunda Nayadee Colliery Company Private Limited, Post Office Kusunda, Dhan- bad.

94, Kusunda . . . . Post Office Kusunda Not available--Area on Fire- Closed.

95. West Bhuggutdih . . Post Office Jharia Amalgamated with West Ena (97).

96. Iadustry . . , , Post Office Dhansar Kalyanji Mavji and Company. Post Office Dhansar, Dhan- bad.

97. West Ena . . . . Post Office Dhansar Kalyanji Mavji and Company, Post Office Dhansar, Dhan- bad.

98. Kendwadih . . . Post Office Kusunda East India Coal Company Lirni- ted, Post Office Jealgora, Dhanbad.

99. Balihari C.T.C. . . . Post Office Kusunda Not available.

100. Kutchi Ballihari . . . Post Office Kusunda Billlihari Colliery Company (Private) Ltd., 14. Netaji Subhas Road, Calcutta-I.

101. South Bulliary . . . Post Office Kusunda East India Coal Company Limi- ted, Post Office Jealgora, Dhan- bad.

102. Bhagaband . . . . Post Office Bhagaband The Borrea Coal Company Limi- ted, Chartered Bank Building, Calcutta-I.

103. Kendwadih . . . . Post Office Bhaga Equitable Coal Company Limi- ted, 211, Lord Sinha Road, Calcutta.

104. Gonshadihl . . . . Post Office -Kusunda Shri Biswanath Roy, IZeshalpur House, Post Office Katrao- garh, Dhanbad.

105. Alkusa South . . . Post Office Kustore7 Raneegunge Coal Association Limited. 3-A, Chowringhee Place, Calcutta-13.

106. Kustore . . . . Post Office Kustore Raneegunge Coal Association Limited, 3-A, Chowringhee Place, Calcutta-I 3.

107. Bunagarh . . , . Post Office Jharia Raneegunge Coal Association Limited. 3-A, Chowringhee Place, Calcutta-13. - ---

OF 19911 Coking Coat Mines (E'mergency Provisions) 359 -/-- .- --

S1. No.

Name of the mine Location of the mine Name and address of the owners of the &tine

fa8. Pure Rurragarh . I

post Office Jharia Raneegunge Coal Association Limited, 3-A, Chowringhee Place, Calama-13.

1a9. Bhutgoria . . . . Post Office Bhaga Eql~itable Coal Company Limi- ted, 112, Lord Sinha Road, Calcutta-I 6.

110. Hurriladil~ . . . , Post Office Bhaga Equitable Coal Company Limi- ted, 112, Lord Sinha Road Calcutta-16.

III . Simlabahal . . . Post Office Jharia Shri P. Roy, Director and nominated owner, Bhalgora Coal Company, 3, Synagogue Street, Calcutta.

. . . post Office Dhansar Bengal Nagpl~r Coal Cbmpany , 5, Synagogue Road, Calcutta- I.

, 113. Ena . . , , . Post Office Dhansar

114. East Balgora , , . Post Office Jharia

115. Ichas Jharia . . Post Office Jharia

116. East Ena . . . . Post Office Jharia

117. East Bhuggatdih . Post Office Jharia

118. Selected Khas Jharia , Post Office Jharia

119. Selected Jharia . . Post Office Jharia

120. Bhalgora . , Post Office Jharia

121. Selected Model Jharia . Post Office Jharia

122. New Khas Jharia . . Post Office Jharia

123. Fularibad . . . Post Office Jharia

124. New Pure Jharia . . , Post Office Jharia-

125. Rajapllr . , . . Post Office Jharia

North West Coal Com any Limited, 5, Synagogl~e goad, Calcutta-I.

East Bhuggatdih Collie] y Com- pany (Private) Limited, Post Office Jharia, Dhanbad.

East Bhl~ggatdih Colliery Com- pany (Private) Limited, Post Office Jharia, Dhanbad.

East Bhuggatdih Colliery Com- pany (Private), Limited, Post Office, Jharia, Dhanbad.

East Bhllggatdih Colliery Coin- ' pany (Private) Limited, Post Office Jharia, Dhanbad.

East Bhuggatdih Colliery Com- pany (Private) Limited, Post Office Jharia, Dhanbad.

East Bhuggatdih Colliery Company (Private) Limited, Post Office Jharia, Dhailbad.

Bhalgora Coal Compally Limi- ted, 3, Synagogue Street, Calcutta- I.

Amalgamated with East Bhuggat- dih (I 17).

Enlaribad Colliery Company Post. Office Jharia, I3han-J bad.

Eularibad Colliery Company, Post Office Jharia, Dhanbad.

D. D. Thackher and Sons, Post Office Dhanbad. Closed. On fire.. . . . . .

The Rajapur Colliery Company (Priyate Limited, Post office, Jhat~a, dhanbad.

360 Coking Coal Mines (ErnergerikY Provisiazs) ACT d4

S1. Name of h e mine Location of the mine Name and address of the owners No. of the mine ---- -- -- -

126. Khas Bhnggatdih . Post Office Jharia

. . 127. Pnre Jharia . Post Office Jharia

128. I<. P. Dobari . . Post Office Jharia

129. South Jharia . , . Post Office Jharia

130. East Pure Jharia . . Post Office Jharia

131. D331ri . . Past Office Jharia

132., East Model Jharia . , Post Office JhariaB

133. Model Jharia . . Post Office Jharia

134. Golden Jharia . . Post Office Jharia

135. Fatehpur . , Post Office Jharia

136. Pure Durgapur . . Post Office Jharia

137. I<has Jharia . . Post Office Jharia

138. Sonalibad . . Post Office Jharia

139. Ganhoodih . . Post Office Jharia

140. East Jharia . Post Office Jharia

141. I<. P. Kujama . . Post Office Jharia

' 142. Kujama . . Post Office Jharia

143. North Knjama . . Post Office Jharia

144. Central Kujama . Post Office Jharia

145. Nanji Icujama 1 . . Post Office Jharia

146. Pandebera . Post Office Jharia

147. Pure Kujama . . Post Office Jharia

148. Kujama Pandabera3 . , Post Office Jharia

149. South Kujama . . Post Office Jharia

Khas Bhuggatdih Colliery Com- pany, Post Office Jharia, Dhanbad.

D.D. Thackher and Sons, Post Office Dhanbad. Closed. On fire.

K. P. Dobari, Post Office, Jliaria.

J. I<. Banerjee and Others, Post Box No. 46, Hirapnr, District Dhanbad.

Not available.

R. N. Bagchi and Brothers, 518, Middle Row, Calcutta.

Not available. .

J. K. Banerjee and Others, Post Box No. 46, I-Iirapilr, District Dhanbad.

Bharat Fire Bricks and Pottery Works.

Bharat Fire Bricks and Pottery Works, Jharia.

Bharat Fire Bricks and Pottery Works, Jharia.

Fularibad Colliery Company, Post Office Jharia, Dhanbad.

Fularibad Colliery Company, Post Office Jharia, Dhanbad.

S. 8. Banerjee and Sons, Post Office J haria, Dhanbad.

Not available.

Kujama Colliery Company, Post Office Jharia, Dhanbad.

.Kujama Colliery Company, Post Office Jharia, District Dhan- bad.

Ganji Dossa and Company, Post Office Jharia,. Dhanbad.

Central I<ujama Coal Concern, Post Office Jharia, Dhanbad.

Central Knjsma Coal Concern, Post Office Jharia, Dhanbad.

Central Knjama Coal Concern, Post Office Jharia, Dhanbad.

Central Kujama Coal Concern, Post Office Jharia, Dhanbad.

Central Knjama Coal Concern, Post Office Jharia, Dhanbad.

Bagdigi Kujama Collieries Com- pany (1948). Limited, Post Office Jharia, Dhanbad.

S1. Name of the mine Location of the mine Name and address of the No. owners of the mine

150. Goluckdih . . . Post Office Jharia Gohickdih Colliery Company, 22, Blirtolla Street, Calcutta.

151. South Goluckdih . . Post Office Jharia South Goluckdih Coal Company, Post Office Jharia, Dhanbad.

152. Central Jharia . . . Post Office Jharia Messrs. IZhimji Dossa and Sons, Post Office Jharia, Dhanbad.

153. Indian Jharia . . Post Office Jharia Messrs. IZhimji Dossa and Sons, Post Office Jharia, Dhanbad.

154. Lower Upper Jharia. . . Post Office Jharia Khimji Dossa and Sons, Post Office Jharia, Dhanbad.

155. Central Tisra . . . Post Office Jharia Shri K. D. Singh, Post Office Jharia, Post Box NO. 111, D hanbad.

156. Tisra . . . . . Post Office Jharia Dhanji Devji and Sons, Post Office Jharia, D hanbad.

Tisra . . .

Tisra .

Sree Commercial .

Bengal Jharia . .

East India . . South Tisra] . .

Ichas Joyrampurl .

, Post Office Jharia The Diamond Coal Company (private) Limited, Post Office Jharia, Dhanbad.

Post Office Jharia Amarsing Gowamal and Sons, Post Box No. 47, Jharia, D hanbad.

. Post Office South Berigal Jharia Colliery Com- Tisra. pany (Private) Limited, Post

Office South Tisra, Dhanbad.

. Post Office South Bengal Jharia Colliery Company, Tisra. (Private) Limited, Post Office

South Tisra, ~ h a n b a d .

Post Office Jeenagora Part of Khas Joyrampur.

. Post OfficeTisra South Tisra Colliery Company Limited, Post Office Jharia, Dhanbad.

. Post Office Khas Khas Joyrampur Colliery Com- Jeenagora . pany, Post Office Khas Jeena-

gora, Dhanbad.

164. Kalisthan Jeenagorai . . Post Office Khas , K. 33. Seal and Sons, 28, Raja Jeenagora. K.L. Goswami Street, Post

Office Serampur, District Hooghly (West Bengal).

165. Lower Joyrampur Post Office Jeenagora Part of Khas Joyrampnr.

166. New Jeenagora . . Post Office Khas Khas Jeenagora Colliery Li- Jeenagora mited, 135, Biplabi Rash

Behari Basu Road, Calcutta-I.

167. Central Jeenagora?; . . Post Office Khas Khas Jeenagora Colliery Jeenagora. Limited, 135, Biplabi Rash

Behari Basu Road, Calaitta-I.

168. Bararee Joyrampur , . Post Office Jeenagora Not available. \ 169. Pure Joyrampur . . . Post Office Khas - ,Amalgamated with Khas Joy-

Jeenagora. rampur.

170. North Bararee Jeenagora . Post Office Jeenagora Part of Central and New Jeena- goras.

171. Khas Jeenagora . . , Pas; Office Khas Khas Jeenagora Colliery Jeenagora. Limited, 135, Biplabi Rash

Behari Basu Road, Calcutta-I.

. . 362 Coking Coal Mines ( ~ m e r ~ e n c ~ ~ r o u i s i o n s ) ACT 64

S1. Name of the mine Locationof the mine Name and address of the NO. owners of the mine

172. East Bararee . . . Post Office Khas Jeenagora East Bakaree Col- Jeenagora. liery Company, Post Office

IZatrasgarh, Dhanbad.

173. Sri Jeenagora . . . Post Office Khas Jeenagora East Bararee Col- Jeenagora. liery Company, Post Office

. Katrasgarh, Dhanbad.

174. New Suratand . . . Post Office Jharia Not available.

175. Kalithan Sliratand . . Post Office Jharia K. B. Seal and Sons, Pos t Office Jharia, Dhanbad.

176. Nihlri Patra . . . Post Office Jharia Nilmi Patra, Post Office Jharia, Dhanbad.

177. North Burrakar Suratand Post Office Jhariav The New Standard Coal Com- pany (Private) Limited, 27, Palace Conrt, I, ICyd Street,

178. North Burakar Lodna Post Office Jharia The New Standard Coal Com- pany (Private) Limited, 27, Palace Comt, I, Kyd Street, Calcutta-16.

179. Lodna . . , , Post Office Jharia The New Standard Coal Com- pany (Private) Limited, 27, Palace Court, I, Kvd Street.

' 180. Standard Bhaga . . . Post Office 3haga Standard Coal Company, Post Office Bhaga, Dhanbad.

,181. Lodna . . Post Office Jharia Lodna Colliery Company (1920) Limited, 6, Lyons Range, Calcutta.

182. Madhuban Lodna . Post Office Jharia Lodna Colliery Company (1924 Limited, 6, Lyons Range, Calcutta.

183. Bagdigi ., . . Post Office Jharia Lodna Colliery Company (1920) Limited Post Office Jharia, Dhanbad.

184. Jealgqra . . , . Post Office Jealgora East India Coal Company , Limited, Post Office Jealgora,

Dhanbad.

185. Bararee . . . Post Office Jealgora -East India Coal Company Limited, Post Office Jealgora,

- Dhanbad.

186. Bhulanbararee , , Post Office Patherdih Bhdanbararee Coal Company Limited, 4, Clive Road, Calcutta-I.

187. Lachrni , , . . Post Office Patherdih Lachmi Coal Company, 31, Mullick Street, Calcutta.

188. Amlabad . . . Post Office Bhowrah Oriental Coal Company Limi- ted, Thapar House, 25, Bra- bourne Road, Calcutta-I.

189. Bhowrah North . . Post Office Bhowrah Oriental Coal Company Limited, 25, Brabourne Road,Calcutta- I.

rga. Bhpwrah South . Post Office Bhowrah Oriental Coal Company Limi- ted, 25, Brnbourne Road,

OF 19711 Coking, Coal ,Mines (Dmergency Provisions) 363 -

S1. Name of the mine Location of the mine Name and address of the No., owners of the mine

191. Mohalbani . . - , Post Office Bhowsah Oriental Coal Company Li- mited, 25, Brabourne Road, Calcutta-I.

~ 9 2 . "Central Bhowrah . . . Post Office Bhowrah Central Bhowrah Coal Com- pany, Post Office Jharia, Dhrnbad.

. 193, Sitanala . . . . Post Office Bhojudih Mohatta Brothers, 19, British Indian Street, Calcutta-I.

194. East Bhowra. . . 7 Post Office Patherdih Shrimati Jyotsen Devi, Post

Office Sitarampur, District Burdwan.

195. East Sowardih . . . Post Office Patherdih J. N. Supakar Brothers and Company, Post' Office Pather- dih, Dhanbad.

196. Patherdih . , . . Post Office Patherdih Patherdih Sudamdih Colliery (Private) Limited, Post Office Patherdih, Dhanbad.

197. New Sudamdih . . . Post Office Patherdih" New Sudamdih Colliery Com- pany, Post Office Patherdih, Dhanbad.

198. Selected Patherdih . Post Office Patherdih Selected Patherdih Coal Com- pany Limited, 12, Tarachand Dutta Street, Calcutta-I.

199. New Chasnalla . . , Post Office Jharia New Chasnalla Coal Concern, Post Office Jharia, Dhanbad.

2 ~ 0 , Pure Chasnalla . , . Post Office Patherdih Pure Chasnalla Colliery Com- pany, 192, Cross Street, Calcutta-7.

C. RANEEGUNGE COALFIELD 1

1. Junkundar . . . . Post Office Chirkunda, D. Mondal and Company I

District Dhanbad. Limited, Post Office Disher- I garh, District Burdwan, West Bengal. i

I 2. Laikdih Deep ., . . Post Office Chirkunda, Katras- Jharia Coal Company I

District Dhanbad. Limited, 8, Clive Row, Cal- cutta-~.

3. Chanch . . . . .. Post Office Chifkunda, Bengal Coal Company Limited, 1

District Dhanbad. 8, Clive Row, Calcutta-I. i

4. Victoria . , . . Post Office Kulti, New Birbhoom Coal Company District Burdwan. Limited, 8, Clive Row, Cal-

cutta-~.

5. Victoria West . . Post Office Kulti, New Birl-hoom Coal Company District Burdwan. Limited, 8, Clive Row, Cal-

cutta-~.

6 . Begunia . . . Post Office Barakar, Messrs. K. C. Thapar and District Burdwan. ' Brothers (Private) Limited, 25,

@i Brabourne Road, Calcutta.

364 Coking Coal Mines (Emergency Prov'idions) [ACT 64 OF 19'711

THE SECOND SCHEDULE

(See section 7) - *4

S1. Name of the coke Location of the coke oven plant Name and address of the owners N 9 oven plant of the coke oven plant

I. Bararee Coke Plant South Balliary-Kendwadih Bararee Coke Company Limit- Colliery, Post Office Kusunda, ed, 4, Clive Row, Calcutta-I. District Dhanbad.

2. Bhowra Coke Plant Bhowra South Colliery, Post Messrs. Bhowra Coke Con~pany, Office Bhowra,pistrict Dhan- Bhattacharya's House, Lubi bad. Circular Road, Dhanbad.

3. Bhulanbararee 13hulanbararee Colliery, host Office Patherdih, District Dhanbad.

4. Central Bhowra Central Bhowra Colliery, Post Oflice Bhowra, District Dhar~bad.

Bararee Coke Company Limit- ed, 4, Clive Row; Calcutta-r.

Central Bhowra Coal Company (Private) Limited, Post Office Jharia; and G. D. Kumar and Sons, Bastacolla, Post Office Dhansar, Dhanbad.

5. Central Kooridih Central Kooridih-Sonardih Shivram Singh and Company Colliery, Post Office Katras- (Private) Limited, Post Office garh, Dhanbad. Katrasgarh, District Dhan-

bad.

6 . Junkundar Valley Junkundar Colliery, Post Office D. Mondal and Con~pany Beehive Coke Plant. Chirkunda, District Dhanbad. Limited, Panchayat Road,

Post Office Chirkunda, Dis- trict Dhanbad.

7. New Gobindpur New Gobindpur Colliery, Post Ghosh's Estate Private Limited, Office Sonardih, District 33, Canning Street, Calcutta-I. Dhanbad.

8. New Standard Lodna New Standard Lodna Colliery, Messrs. Singh Sachdeva, Post Post OfRce Jharia, District Office Dhansar, Dhanbad. Dhanbad.

9. New Sudamd~h New Sudamdih Colliery, Post Sanjive Coke Manufacturing Office Patherdih, District Company, Care of H. D. Dhanbad. Adjmera, Post Office Pather-

dih, District Dhanbad.

10. North:Kujama North Kujama Colliery, Post Beehive Hard Coke Manu- Office Jharia, Dhanbad. facturing Company, Chowra

Construction Company (Pri- vate) Limite'd, I ~ I , Central Avenue, Calcutta.

11. Ramkanaly Ramkanaly Colliery, Post Oflice Bijali Kanti Roy, Keshalpur Katrasgarh, District Dh'an- . House, 'Post Office Katras- bad. garh, Dhanbad; and M. C.

Coal Company, Post Office . Jharia, Dhanbad.

12. Union Ailgarpathra Union Angarpathra Colliery, Satyadeo Singh Coal Company Post Office Katrasgarh, Dis- (Private) Limited, 138, Biplahi trict Dhanbad. Ra+ Behari Basu Road,

Calcutta-I. -

THE ASIAN REFRACTORIES LIMITED (ACQUISITION OF UNDERTAKING) ACT, 1971

[23rd December, 19'711

An* Act ta provide for the acquisition of the undertaking of the Asian Refractories Limited for the purpose of augmenting supplies of refractories to meet the essenrial requirements of the iron and steel industry.

WHEREAS the Asian Refractories Limited is in liquidation and has stopped its production;

AND WHEREAS the total production of refractories in India is inade- quate and insufficient to meet the essential requirements of the iron and steel industry;

AND WHEREAS the supplies of refractories can be augmented by speedily b'ringing the Asian Refractories Limited into operation and expanding its capacity 'thertafter;

BE it enacted by Parliament in the Twenty-second Year of tho Eepublic of India as follows:-

1 (1) This Act may be called the Asian Refractories Limited (Acqui- short title sition of undertaking) Act, 1971. and com-

mence- (2) I t sHall be' deemed to have come into force on the 17th day of ment.

October, 1971'. I

2. In this Act, unless tlie context otherwise requires,- Definitions.

(a ) "appointed day" means the 17th day of October, 1971;

(b) "company" means the Asian Refractories Limited, being, a company as defined in the Companies Act, 1956, having its registered office in the State of West Bengal;

(c) words and expressions used herein and not defined but defined in tlie Comp'adfes Act, 1956, have the meanings respectively assigned to tfiem in that Act.

366 Asian Refractories Limited (Acquisition of Undertaking) [ACT

Undertak- 3. On and from the appointed day, the undertaking of the company ingo* the shall, by virtue of this Act, be transferred to, and shall vest in, the Cen- company to vest tral Government, free from all incumbrances, in the . . Central Govern- ment.

Gene'r* 4. (I) The undertaking of the company shall be deemed to include all effect of vesting. assets, rights, powers, authorities and privileges and all property, mov-

able and immovable, cash balances, reserve funds, investments and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the company, whether within or outside India, and all books of accounts, registers and all other documents of whatever nature relating thereto.

"-. (2) All property included-as aforesaid in the undertaking which has vested in the Central Government under section 3 shall, by force of such vesting, be freed and discharged from any trusts, obligations, mortgages, charges, liens and other incumbrances affecting it, and any attachment, injunction or any decree or order of any court restricting the use of such property in any manner shall be deemed to have been withdrawn.

'. (3) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any business of the undertaking of the company is pending by or against the company, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer. bf the undertaking of the company or of anything contained inl this Act but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the company,

Duty to 5. ( I ) Notwithstanding any decree, judgment or order of any court deliver possession or anything contained in any other law for the time being in force, the of the Official Liquidator of the company or any other person, in whose posses- undertak- ing and Sion or custody or under whose control the undertaking of the company :zf$rgnts or any part thereof may be, shall deliver possession of the undertaking thereto. of the company or such part thereof, as the case may be, to the Central

Government forthwith.

(2) The Official Liquidator or any other person who has, on the appointed day, in his possession or under his control any books, docu- .ments or other papers relating to the undertaking of the company which has vested, under section 3, in the Central ~overnment , shall be liable to account for the said books, documents or other papers to the Central Government and shall deliver them up to the Central Government or to such person as the Central Government may specify in this behalf.

(3) The Central Government may take, or cause to be taken, all necessary steps for securing possession of the undertaking which has vested in it under section 3.

Duty to 6. The company shall, within such period as the Central Government furnish may allow in this behalf, furnish to that Government a complete inven- pnrti- culars. tory of all the properties and assets 01 the company, as on the appoinlcd

day, pertaining to .the undertaking which has vested in the Central 'Gov- ernment under section 3. L.,.... t

6~ 19713 Asian ~efractories Lirniterf (Acquisition of ~nhev tak ing) 36?

7. ( I ) The Central Government shall deposit, in Court, in cash, to the Payment credit of the compapy a sum of rupees eighty-one lakhs as compensation in respect of the transfer, under section 3, to the Central Government of the undertaking of the company.

( 2 ) Out of the total amount of compensation referred to in sub- section ( I ) ,-

(a) a sum of rupees eight lakhs shall be deposited by the Cen- tral Government, within three months from the appointed day, to the credit of the company;

( b ) the balance of the amount of compensation shall be deposited in Court by the Central Government in ten equal annual instalments, the first of which shall become due on the date on which a period of one year expires from the appointed day and the subsequent instalments shall become due accordingly; and

(c) each instalment of the compensation, referred to in clause ( b ) , shall carry interest a t the rate of seven per cent. per annum

from the commencement of this Act.

(3) For the avoidance of doubts, it is hereby declared that the compensation referred to in sub-section (1) represents the realisable value of the assets of the undertaking, which has vested in the Central Gov- ernment under section 3, and the liabilities of the undertaking shall be met from the said amount of compensation.

(4) In meeting the liabilities of the undertaking which has vested in the Central Government under section 3, the Court, by which the company owning such undertaking is being wound up, shall distribute, in due course of administration, the amount of the compensation amongst the creditors and, if there is any surplus left after such distribution, amongst the contributories of the company in accordance with their rights and interests. I

8. The undertaking, which has vested in the Central Government under Manage- section 3, shall be managed on behalf of the Central Government by such ment and

adminis- person or body of persons as may be nominated by the Central Govern- tration ment in this behalf, and such person or body of persons shall carry on theunder- taking. the management in accordance with such regulations as may be made by the Central Government.

9. ( 1 ) Any person who- Penal- ties. - ,

(a) having in his possession, custody or control any property forming part of the undertaking of the company, wrongfully withholds such property from the Central Government; or

(b) wrongfully obtains possession of any property forming part of the undertaking of the company which has vested in the Central ~

Government under this Act; or

(c) wilfully withholds or fails to furnish to the Central Govern- ment or any person specified by that Government as required by sub- section ( 2 ) of section 5 any document which may be in his possession, custody or control; or

(d) wilfully fails to furnish an inventory as required under section 6; or . ,

368 Asian &efractories ~ i n i i t e d (Acquisition of l?tzdzrtaking) [ACT 65 o ~ P 19711

( e ) when required to furnish such inventory, furnishes any particulars therein which are false and which he either knows or believes to be false or does not believe to. be true,

shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both:

Provided that the court trying any offence under clause (a) or clause (b) or clause (c) of this sub-section may, at the time of convicting the accused person, order him to deliver up or -refund within a time to be fixed by the court any property wrongfully withheld or wron@ully obtained or any document wilfully withheld or not furnished:

Provided further that nothing contained in this section or gny other provision of this Act shall :render any person liable to be convicted of- an offence in respect of anything -done or omitted to be doneLby him before :the appointed day.

(2) No court shall take cognizance of an offence punishable under this section except. with the previous sanction of the Central ~oveknment

I or of an officer authorised by that Government in ,this behalf.

Protection . 10. No suit, prosecution or other legal proceeding shall .lie against the of action taka i? CentralGpvernment or an officer o r other employee serving. in connection goodfalth with the affairs of the undertaking of the company whichis in good faith

done or intended to be done under this Act. \

Repeal 11. (1) The Asian Refractories Limited (Acquisition of Undertaking) Ord. i and. ,,,, g,, Ordinance, 1971, is hereby repealed. 13 of 1971. I

(2) Notwithstanding such repeal, anything done or any action taken 1 1 under the Ordinance so repealed shall be deemed to have been done or 1

taken under the corresponding provisions of this Act.

It I

1 i I J

I

I 1

I

i

THE ESSENTIAL COMMODITIES (AMENDMENT) ACT, m971

No. 66 OF 1971

[23rd December, 19171.1

An Act .further to $mend the Essential Commodities Act, 1.955.

BE it enacted by Parliament in the Twenty-.second Y.ear.of the Republic of India as. follows: -

1. This Act may be called the Essential Commodities (Amendment) Act, 1971. title.

kk,y 8

I 1 ,be substituted, naqeiy: 1

1 I i 1 I

examination ,-

369 i \.

&ssentid &mmodities (Amendment) [ACT 86 OF 19711

(ii' of any books of accounts and do the opi ion of such person would be useful m y pr ceedings under this Act and the re of acc nts and documents to the person were ized after copies thereof or extr certifie by that person in the manner sp have b en taken."; i

(ii) in su section (3B) ,- P I

(ii), for the words "the p the. wosds is fixed, the price" shall

A& 47 of 4. The Essential Commodities (Amendment) Act, 1964, the duration of 1964t0 be which extends up to and including the' 31st day of December, 1971 is made permanent. hereby made permanent, and accordingly that Act shall hav,e effect sitbject

to the modification that in section 1 of that Act, sub-section (3) shall be , omitted.' I

men bf Act 47 of 1964), .sec on 7- 1

I "Provided that---/ : I (a) every s ch notification issued after t.he

of the Ementi Commodities (Amendment) , unless sooner r scinded, cease to operate a t the

Gazette; / I years after the publication of such

unless sooner two years after

THE INDIAN TARIFF (AMENDMENT) ACT, 19.71

NO. 67 OF 1971

i [23rd December, 1971.1 I

An Act further to amend %e Indian Tariff Act, 1934. BE it enacted by Parliament in the Twenty-second Year of the


1 (I) This Act may be called th Indian Tariff (Amendment) Act, Short 1971. title

and

(2) I t shall come into force on th4 1st day of January, 1972. commence- merit:

32 of 1934. 2. In the First Schedule to the Ind Tariff Act, 1934,- A ~ ~ e n d - ment of

(a ) in Items Nos. 28 (35), 28 , 28 (37), 28 (38), 28 (39) and First 28 (401, in the last column heade uration of protective rates of Schedule. duty", for the figures "1971", whe they occur, the figures "1972" shall be substituted;

(b) in Item No. 66 (a) ,- \ (i) in the third column hea d "Nature of duty", for the word

"Protective", the word "Reven " shall be substituted;

5 . (ii) in the fourth column ed "Standard rate of duty", for the figures "276", the figures shall be substituted;

(iii) in the last column hea "Duration of protective rates of duty", the entry "December 1971" shall be omitted;

(c) in Item No. 66(1) ,- (i) in the third column heade 'Nature of duty", for the word

"Protective", the word "Revenu shall be substituted;

(ii) in the fourth column "Standard rate of duty", Rtr the figures "20", the figures ' 11 be substituted;

(iii) in the last column headed Duration of protective rates of duty", the entry "December 31st, 1971" shall be omitted.

I 1 a.

1

3 71 i

I

THE UTTAR PRADESH CANTONMENTS (CONTROL OF RENT AND EVICTION) (REPEAL) ACT, 1971

No, 68 OF 1971 %

I

I

5 >

/ I [23rdr December, 1971.1

An Act to.pr-otride for tHe repeal of the Uttar Pradesh Cantonments I

(Corftrol-of Reat and ~viction) Act, 1952. 1 i

BE it enacted by Parliament in the Twehlty'-second ~ k a r of the Republic of India as follows:-

I 1

Stort 1. This Act may be called the Uttar Pradesh Cantonments (control of title. Rent and Eviction) (Repeal) Act, 1971.

i

Repeal 2. On and from the date1 on which the United Provinces (Tempo- United of Act rary) Control of Rent and Eviction Act, 1947 is extended by notification Provinces

under section 3 of the Cantonments (Extension of Rent Control Laws) Act 111 Act, lbjrf, to the carftbhm'eh'ts in the' State of Uttar' Pradesh, the Uttar 1947.

1 I 46 of 1957. Pradesh 'Cantonments (Cxntrol of Rent and Eviction) Act, 1952 shall of 1g52.

stand repealed. pp -

I. 3-4-1972; z,ide Notification No. S.R.O. 8-E, dated 3-4-1972, Gazette of India, Extraordinary, Part 11, Sec. 4, P. 41.

372

0

*I d

[ACT 68 OF 19711 Uttax Pradesh Cantonments (Control of Renz and Eviction) 373

3. (1) The repeal of Uttar Pradesh Cantonments (Control of Rent and Savings. Of Eviction) Act, 1952 by section 2 shall not affect.

( a ) the previous operation of the said Act or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Act; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Act; 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 institutsed, continued or enforced and any such penalty, forfeiture or pl~aishment may be imposed as if the said Act had not been .repealed.

(2) Subject to the provisions contained in sub-section (I), anything done or any action taken under the Act repealed by section 2 shall be deemed to have been done or taken under the corresponding provisions of the United Provinces (Temporary) Control of Rent and Eviction act,^ 1947 extended by notification as provided in that section to the canton-

Fro- ments in the State of Uttar Pradesh and shall continue to be in force ac- vjnccs Act l l r cordingly unless and until superseded by anything done or any action pf 1947. taken under the Act so extended.

Short title and extent:"

Insult to Indian National Flag and Constitu- tion of India,.

THE PREVENTION OF INSULrI'S TO NATIONAL HONOUR- ACT, 1971

No. 69 OF 1971

1 [25?d' December, 1971.1 I

An Act to prevent insults? to national honour.

BE it eriacted by Parliament in the Twenty-secorid Year of the Republic of India as follows:-

&. ( I ) This Act may be called the Prevention of Insults to National Honour Act, 1971. - - *

(2) I t ext'en'ds to the whol'e of India

2. Whoever in any public place or, in any other place within public view burns, mutilates, defaces, defiles, disfigurks, d'estroys, tramples upon ', or otherwise brings into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

Explanation 1.-Comments expressing disapprobation or criticism of t.he Constitution or of the Indian National Flag or of any measures of She Government with a view to obtain an amendment of the Constitution 6.,€ India or an alteration of the Indian National Flag by lawful means do not constitute an offence under this section.

E x p t ~ n a t i o n 2.-The expression "Indian National Flag" includes any picture, painting, drawing or photograph, or other visible representatioi~ of the Indian National Flag, or of any part or parts thereof, made of any substance or represented on any substance.

Explanation 3.-The expression "public place" means any place intended for use by, or accessible to, the public and includes any public conveyance.

\'reven- 3. Whoever intentionally prevents the singing of the Indian National tion of Anthem or causes disturbance to any assembly engaged in such singing ~inging of T,aia, shall be punished with imprisonment for a term which may extend t o National three years, or with fine, or with both. Anthem, - etc. I

C~~\RT; ; ;~ ' ; : ?? . q r - 7 - 7 7 . . ... . ;. r. . , .. ZTA CoDB V&..pF. :cf Ji%.X~. 2 . I Li,

THE CONTEMPT OF COURTS ACT, ~ 9 7 t

[24th December, I 97 I.]

;in ~ ~ t , t ~ - d e f i n e .andtlimit,the : po~wer s of certain courfs in punishsing .coHternpts of cou~ts .and to- ~,egh!ate their procedure in t elatian thereto.

BE it enacted by Parliament in the Twenty2second Year 0.f the

Republic of India as follows : -

1. (I) This Act may be called the Contempt of Courts Act, 1971. Short title and extent.

(2) It extends to the whole of India:

Provided that it shall not applj. to the State of -Jammu and Kashm4

except to the extent to which the provisions of this Act relate to con-

tempt of the Sypreme Court. * * f

2. In this Act, unless the context otherwise requires,- p p ' ' Deflni- tions.

(a) "contempt of court" means civil contempt or criminal contempt;

r. . t

375

376 Contempt of Courts [ACT 70

Inno- cent publication and distribution

of matter not contempt.

(b) "civil contempt" means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court; I___yl

(c) "criminal contempt" means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which-

(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or ----

(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or

(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other man- -- ner ;

(d) "High Court" means the High Court for a State or a Union territory, and includes the court of the Judicial Commissioner in any Union territorv.

3: (1) A shall not be guilty of contempt of court on the ground that he has published (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) any matter which interferes or tends to interfere with, or obstructs or tends to obstruct, the course of justice in connection w i t Q e v i 1 or criminal proceeding pending a t that time of publication, if at that time he had no reasonable grounds for believing that the proceeding was pending.

(2) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, the publication of any such mattes as is ,mentioned in sub-section ( I ) in connection with any civil Qr criminal proceeding which is not pending at the time of publication shall not be deemed to constitute contempt of court.

(3) A person shall not be guilty of contempt of court on the ground that he has ,distributed a publication containing any such mater as is mentioned in sub-section ( I ) , if at the time of distribution he had no reasonable grounds for believing that i t contained or was likely to contain any such matter as aforesaid:

Provided that this sub-section shall not apply in respect of the distribution of- I

(i) any publication which is a book or paper printed or published otherwise than in conformity with the rules contained in section 3

, 1 of the Press and Registration of Books Act, 1867; 25 of 186'4 i

(ii) any publication which is a newspaper published otherwise %an in conformity with the rules contained in section 5 of the said

L Act.

E.xpZanation.-For the purposes of this section, a judicial proceeding- . , (a) is said to be pending-

, , . I .

( A ) in the case of a civil proceeding, when it is instituted by the filing of a plaint or otherwise,

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